Truck accidents can have serious consequences for victims and their families. Along with medical bills, lost wages, and other financial costs, victims and their loved ones may experience various types of non-financial costs as well. While truck accident victims and their families may be entitled to just compensation for these costs, filing a claim requires clear evidence of liability. This is one reason why it is important to hire an experienced Birmingham truck accident lawyer promptly.
When Can (and Should) You File a Claim for a Truck Accident in Alabama?
When you hire an experienced Birmingham truck accident lawyer to represent you, one of your lawyer’s first priorities will be to conduct a comprehensive and detailed investigation. The purpose of this investigation is to determine what grounds you have to take legal action.
While serious and fatal truck accidents can have various causes, to seek just compensation, you must be able to prove the specific cause of your injuries or your loved one’s tragic death. With this in mind, during his or her investigation, your lawyer will be looking for evidence of possible causes such as:
1. Aggressive Driving
Aggressive driving is a common factor in accidents involving 18-wheelers and other commercial trucks. Speeding, tailgating, intentionally running red lights and stop signs, and forcing other drivers to perform evasive maneuvers are all common forms of aggressive driving that violate Alabama’s traffic laws. Yet, truck drivers make these mistakes every day, and, far too often, they do so with tragic consequences.
2. Cargo-Related Issues
Cargo-related issues also cause, or contribute to causing, serious and fatal truck accidents in many cases. This includes (but is not limited to) common issues such as:
- Failing to properly secure a truck’s cargo
- Failing to properly balance a truck’s cargo load
- Exceeding a truck’s gross vehicle weight rating (GVWR)
These issues can make it more difficult for truck drivers to maintain control behind the wheel and, crucially, prevent them from stopping their trucks safely. If you have a claim for a cargo-related issue, determining which party is responsible will be key to seeking just compensation.
3. Careless Driving
Along with aggressive driving, careless driving is a common factor in commercial truck accidents. Careless driving mistakes that can cause serious and fatal accidents include turning or merging without checking for traffic, misjudging the speed of approaching vehicles, and inadvertently entering intersections without the right of way. All of these mistakes can create extremely dangerous situations and provide clear grounds for victims and families to seek just compensation.
4. Distracted Driving
Distracted driving is another far-too-common factor in serious and fatal truck accidents in Alabama. With truck drivers routinely spending eight or more hours behind the wheel at a time, it is not unusual for them to give in to distractions. But this is not an excuse for putting other motorists in harm’s way. Talking on the phone, texting, scrolling social media, watching videos, eating and drinking, following GPS directions, and other distractions can all serve as clear grounds for liability.
5. Fatigued Driving
Fatigued driving is closely related to the number of hours truck drivers spend behind the wheel. Fatigued driving can be extremely dangerous, with studies showing that fatigue can have impairing effects on par with those of alcohol intoxication. Of course, if a truck driver falls asleep behind the wheel, this can be among the most dangerous scenarios of all. Whether a truck driver is fatigued or asleep at the time of a collision, this can also provide clear grounds to file a claim for damages.
6. Impaired Driving
Impaired driving is illegal precisely because of the dangers it presents to other motorists. This includes not only driving under the influence of alcohol, but also driving under the influence of marijuana, prescription and over-the-counter medications, and other drugs. If the truck driver who hit you or your loved one was impaired at the time of the collision, we want you to contact us so that we can fight to hold the truck driver and the trucking company fully accountable.
7. Inadequate Truck Maintenance
From bald tires and worn brake pads to failing hydraulic and electrical systems, various maintenance-related issues can also make it more difficult for truck drivers to maintain control—especially in emergency situations. If the truck involved in your (or your loved one’s) accident had not been properly maintained, this could provide clear grounds to hold the trucking company fully accountable as well.
8. Lack of Driver Training or Experience
While experienced truck drivers can (and do) make mistakes, in many cases, mistakes behind the wheel of 18-wheelers and other large commercial trucks stem from a lack of driver training or experience. For example, in many cases, jackknifes, rollovers, rear-end collisions, and other types of avoidable accidents will be attributable to an insufficient number of hours behind the wheel.
9. Reckless Driving
Of course, while some avoidable accidents can be attributed to a lack of driver training or experience, others can be attributed to pure recklessness. If you or a loved one was involved in an accident caused by a reckless truck driver, you can (and should) use the available evidence of recklessness to seek compensation for your financial and non-financial losses.
10. Truck Defects
Finally, while inadequate maintenance can be blamed for truck-related issues in some cases, in others, they can be attributed to defects that existed when the truck left the factory. If your (or your loved one’s) accident was the result of a truck defect, the truck’s manufacturer may be legally responsible for the financial and non-financial losses you have endured (and may continue to endure in the future)
Talk to a Birmingham Truck Accident Lawyer for Free
While conducting a comprehensive and detailed investigation is a key step for proving your legal rights, it is just one step in the process. To ensure that you are giving yourself the best chance of recovering the financial compensation you deserve, you should seek help from an experienced Birmingham truck accident lawyer as soon as possible. Call 205-855-2745 or contact us online for a free consultation today.
