Passenger cars and semi-trucks share the roads across Alabama every day. The majority of the time, they travel together with no issues. However, because of the large size and weight of a fully loaded truck, any mistake that a truck driver makes while on the road could be extremely dangerous.
If you or a loved one was injured, you have the right to hire a Huntsville truck accident lawyer to represent your interests and negotiate on your behalf. Morris Bart is ready to stand by your side throughout every step of the claims process.
Why Choose Our Huntsville Truck Accident Attorney
- We have experience. Our attorneys have over 40 years of experience in personal injury and auto accident law, and with 15 law office locations across four states, we can handle even the most complicated truck accident case.
- Our lawyers get real results. We have collected hundreds of thousands of dollars in settlements and judgment awards on behalf of car and truck accident victims. If necessary, we can take a truck accident case to court in Huntsville.
Our fees are affordable. Our Huntsville truck accident lawyers work on a contingency fee basis, meaning you will only pay our fees if we successfully resolve your case via a settlement or positive jury verdict.
For a free legal consultation with a Truck Accident lawyer serving Huntsville, call 800-537-8185
How Our Huntsville Truck Accident Lawyers Can Help You
If you choose our firm to handle your truck accident case, we will be prepared to take care of all the tough legal tasks for you. Instead of dealing with your case alone, let our Huntsville personal injury lawyer help you. We can:
- Communicate with the insurance company for you
- Determine who the at-fault driver is, or determine if there is another liable party
- Explain which damages you could recover
- Keep you updated about your case status
- Collect evidence to prove the negligent party owes you compensation
Our team will work hard to provide you with the fair compensation you deserve.
Truck Accident Claims Are Complex
Truck accident claims require special care compared to traditional car accident cases. This makes it even more important to consult with an attorney about your rights before proceeding with a truck accident claim. Unique elements of a typical truck accident case include:
- Catastrophic injuries. The losses suffered by a victim in a truck accident are often more severe than in a passenger car crash, such as long-term injuries, permanent disability, and wrongful death. This can make it more difficult for a victim to recover fair compensation for his or her losses.
- Liability issues. A truck accident case does not only involve motor vehicle drivers; trucking companies can often be held vicariously liable for collisions involving their trucks and truck drivers. Multiple parties, such as cargo companies and maintenance teams, may be found liable.
- Powerful adversary. A trucking company will have an aggressive legal team protecting it from liability, as well as plenty of resources to put toward refuting fault. For example, it will send a rapid response team to the scene of the accident early on to collect evidence. Hiring a lawyer can help you balance the scales.
- Unique evidence. Truck accident cases often involve evidence that does not come into play in a car accident case, such as the truck’s black box, electronic data recorders, truck driver medical and driving records, truck company compliance reports, and truck inspection logs.
- Federal laws. Your lawyer can navigate the federal laws that apply to common carriers in Alabama, such as hours-of-service regulations, cargo securement requirements, truck maintenance minimums, and truck driver hiring and training practices.
While even a car accident case can be complex, truck accident claims have special issues and considerations that are best left to an attorney to handle. A truck accident lawyer can help you take legal action against one or multiple parties for your truck accident and deal with the challenging elements of your case.
You Could Recover Damages After Your Huntsville Truck Accident
Motor vehicle accident victims can recover compensation for the losses they suffered in their accident. You could recover economic damages to pay for your monetary losses. The non-economic losses you sustained are also compensable.
Your recoverable economic and non-economic damages may include:
- Pain and suffering
- Scarring and disfigurement
- Medical bills
- Property damage
- Lost income
- Reduced earning capacity
Your Huntsville truck accident lawyer will listen to the details of your case to help you understand what damages you can recover after an accident.
Punitive Damages in Truck Accident Cases in Alabama
Punitive damages in Alabama may be available in a truck accident claim if the defendant is guilty of an especially wrongful, negligent or egregious act. Punitive damages aim to punish a defendant rather than compensate a victim for losses. Alabama Code Section 6-11-20 states that punitive damages can be made available in a civil action where it is proven that the defendant engaged in oppression, fraud, wantonness or malice in regard to the plaintiff. The defendant must have done so consciously and with deliberation.
If punitive damages are awarded against a truck driver or trucking company for gross negligence, recklessness or a wanton disregard for the safety of others, this damage award is subject to a cap under Alabama law. Section 6-11-21 states that no award of punitive damages (with some exceptions) can exceed three times the amount of the plaintiff’s compensatory damages or $1.5 million, whichever is greater. If the claim does not involve physical or bodily injuries, the cap is three times compensatory damages or $500,000, whichever is greater.
Click to contact our Huntsville Personal Injury Attorney today
Dangers of Crashes Involving Trucks in Huntsville
While an average passenger car or pickup truck weighs between 3,000 and 6,000 pounds, the maximum gross weight of a semi-truck on Alabama roads could be as high as 84,000 pounds, according to the U.S. Department of Transportation (DOT).
The difference in weight between these two types of vehicles can create significant differences in the damage to each vehicle, as well as differences in the types of injuries. In a wreck, the truck driver may suffer minimal or no injuries, while those in the car may need hospitalization.
Significant Injuries After a Truck Crash in Huntsville
Because of the size and weight of a semi-truck, a passenger car could be crushed in a crash. This can lead to significant injuries for the vehicle passengers, including:
- Head injuries: This includes concussions, broken skulls, or traumatic brain injuries.
- Facial injuries: This includes disfigurement or the loss of senses.
- Neck and back injuries: This could lead to broken vertebrae or paralysis.
- Limb injuries: This could mean broken bones in the arms and legs or amputations.
- Skin injuries: These could be significant cuts, bruises, and burns.
- Internal injuries: This includes broken bones, internal organ damage, and internal bleeding.
Some of these injuries heal after a few days or weeks of therapy and rest. Others may stay with you for months and years to come, resulting in a significant change in the way you live your life.
Cost of a Huntsville Truck Accident Lawyer
Our truck accident lawyers in Huntsville, AL, know that you may be experiencing financial difficulties because of your accident. We do not need any money upfront and work on a contingency-fee basis. Let us explore every avenue available in your truck accident claim.
We will discuss the percentage of your compensation that we collect when you work with our team.
Alabama Statute of Limitations in Truck Crash Cases
According to the Alabama statute of limitations, Ala. Code § 6-2-38, there is a two-year deadline for filing personal injury lawsuits in the civil court. If you file your truck accident case after this deadline, the court can dismiss your case.
While it is rare, you may be granted an extension. Certain exceptions may limit the amount of time you have to file, though. If you have questions about how the Alabama statute of limitations applies to your personal injury case, an experienced personal injury attorney can help.
Who Can Be Held Liable for a Truck Accident?
Determining liability for a truck accident starts with understanding how insurance claims work in Alabama. It is an at-fault state, meaning the person or party at fault for causing the crash will be financially responsible for related bills and losses. An investigation will be conducted to determine the cause of the truck accident. From there, the identity of the liable party or parties will be confirmed. An attorney can assess your truck accident case to understand its cause and who is responsible. Common liable parties include:
- The truck driver
- A third-party driver
- A trucking company or carrier
- A cargo company
- A contractor or vendor
- A truck owner/operator
- A maintenance or repair team
- A truck manufacturer (for a defective part)
- The government (for a road defect)
Trucking companies are often found liable for truck accidents in Huntsville and throughout Alabama. Common carriers can be negligent and cut corners to save money. They may fail to properly train their drivers, for example, or maintain their fleet vehicles. The company can be held liable for acts of negligence that cause truck accidents. Truck companies can also be held responsible for the actions and mistakes of their employees and drivers, including independent contractors.
Determining the Liable Parties in Your Injury Accident
One of the things a Huntsville truck accident lawyer will do to help your case is study the facts in an attempt to determine exactly what happened and identify all the liable parties. We may use the following types of evidence to prove liability:
Police Reports
After your accident, law enforcement officers will study the scene, determining whether either driver was at fault for the crash. They will also figure out why the accident happened.
Your attorney will study this report, using it to determine the facts in the case. If a police officer issued a traffic ticket to the truck driver, this shows negligence on the part of the driver, which could enhance your chances of winning a settlement.
If the truck driver does not have the proper CDL license, as determined through the Alabama Law Enforcement Agency (ALEA), this could show liability on the part of the driver and on the trucking company that hired the driver.
Medical Reports
Your lawyer will interview your doctors and look at your medical reports to determine your short and long-term prognosis. Should your doctors believe you are facing long-term health problems and an inability to return to a normal level of work, you may be eligible to receive the highest level of awards for your claim.
Truck Maintenance Records
If the company that owns the semi-truck fails to maintain it in the proper manner, resulting in a failure that leads to an accident with your car, you can use this information in your case.
Such failures could include allowing a truck to operate with balding tires, broken safety lighting, or faulty brakes.
If the truck failed, the truck’s owner and the maintenance company that worked on the truck could be held liable in a lawsuit.
Cargo and Hauling Records
If those who loaded the trailer on the semi-truck failed to follow proper procedures, the cargo could shift when the driver attempts to stop suddenly or turns a corner, causing the driver to lose control of the vehicle. If the cargo shifts substantially, the trailer could tip over, leading to an out-of-control crash.
What If I Was Partially At Fault for a Truck Accident?
Alabama is one of only a few states that uses a contributory negligence law. Under this law, if a plaintiff is found to be partially at fault for an accident (no matter how small the percentage of fault may be), he or she is barred from collecting a financial recovery. If you are allocated even 1 percent of the fault for your truck accident in Huntsville, you will be ineligible for compensation from the truck driver or trucking company’s insurance policy. In a comparative negligence state, on the other hand, victims can be found partially at fault and still recover compensation.
After a truck accident, do not admit fault, as this will risk your financial future. Alabama’s contributory negligence law makes it critical to hire an attorney during your truck accident claim if someone attempts to blame you for the crash or your injuries in any way. This could get in the way of your ability to make a financial recovery for your medical bills and property repairs, even if the other party is 99 percent responsible for causing the truck accident. Your attorney can protect you from the contributory negligence defense and collect evidence to help establish that the defendant is at fault for your collision.
Morris Bart Injury and Accident Lawyers Work Hard For Our Clients
As Huntsville truck accident lawyers, we have seen far too often the devastating effects of semi-truck accidents. When you choose to hire us to represent you in your personal injury case, we will work tirelessly to protect your right to receive a fair settlement.
Morris Bart will represent your interests with the insurer for the trucking company, giving you the time you need to heal. If your injuries have caused a change in your quality of life going forward, leaving you unable to work as you did before, you also deserve compensation for your lost income. Get started with a free consultation.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
