If you or a loved one has been involved in a serious truck accident in Alabama, one of the most important steps you can take is to ensure that you are making informed decisions about asserting your legal rights. Truck accident victims and their families will have claims for financial circumstances in many cases, and if you have a claim, it will be important for you to hire a Birmingham truck accident lawyer promptly.
So, when can (and should) you file a claim for a truck accident in Alabama?
Common Grounds to File a Claim After a Truck Accident
Filing a truck accident claim requires evidence that the accident could—and should—have been avoided. This evidence can take many forms, and, as we discuss below, there are several steps that an experienced Birmingham truck accident lawyer can take to seek out the evidence that is required.
With this in mind, depending on the evidence that is available, some examples of potential grounds to file a claim after a truck accident in Alabama include:
1. Truck Driver Negligence
Many truck accidents result from truck drivers’ mistakes behind the wheel. Truck drivers have a legal obligation to drive safely at all times, and failing to uphold this obligation can have serious consequences. Common examples of mistakes behind the wheel that can justify claims for financial compensation include:
- Driving under the influence of alcohol or drugs
- Driving while fatigued
- Running red lights and stop signs
- Speeding and tailgating
- Texting or talking on the phone
When a truck driver is to blame for a collision, the truck driver’s employer can generally be held accountable. This applies to all types of employers—from trucking companies to grocery store chains and online retailers.
2. Issues with the Truck’s Cargo
Cargo-related issues can lead to serious truck accidents as well. This includes everything from failing to properly secure a truck’s cargo to exceeding a truck’s cargo-carrying capacity.
These issues can present a variety of risks. If a truck’s cargo spills into the road, this can create an extremely dangerous situation, even if the truck itself is not directly involved in a collision. Overloading a truck can increase the truck’s braking distance (potentially resulting in a rear-end collision), and cargo-related issues can increase the risk of a truck jackknifing as well.
3. Issues with the Truck Itself
Along with cargo-related issues, truck-related issues also can (and do) cause serious accidents. Brake failures, electrical failures, mechanical failures, and tire blowouts are all issues that can cause truck drivers to suddenly and unexpectedly lose control.
When an issue with the truck itself is to blame for an accident, determining liability involves determining whether the issue resulted from poor maintenance or existed when the truck left the factory. If it resulted from poor maintenance, the company that owns and operates the truck may be liable. If it existed when the truck left the factory, the truck’s manufacturer may be legally responsible for victims’ or family members’ accident-related losses.
4. Another Driver’s Negligence
Negligent car, pickup truck, and SUV drivers can also put truck drivers in dangerous situations in some cases. If another driver’s negligence is to blame for your (or your loved one’s) truck accident, you may have a claim under his or her insurance policy.
In this scenario, it will be important to assess whether you have grounds to pursue any other claims as well. Was the truck driver also negligent? Did the truck’s brakes or tires fail? These are just two of several questions your Birmingham truck accident lawyer will seek to answer.
5. Issues with the Road
Issues with the road can also cause (or contribute to causing) serious truck accidents in Alabama. Potholes, low shoulders, dangerous onramps and offramps, malfunctioning traffic signals, visual obstructions, and numerous other issues can put drivers and passengers in harm’s way.
If an issue with the road played a role in your (or your loved one’s) truck accident, you may have a claim against the government entity that is responsible for building and maintaining the road. Or, if the government hired a private contractor to build or maintain the road, the private contractor could be liable instead.
Investigating the Cause (or Causes) of Your Truck Accident
As we said above, filing a claim after a serious truck accident requires evidence of why the accident happened. While all of the issues we just discussed are potential causes of truck accidents in Alabama, you must be able to prove the specific issue (or issues) involved in your case in order to recover just compensation.
Gathering the evidence needed will require a comprehensive investigation. When you hire an experienced Birmingham truck accident lawyer to represent you, your lawyer may take investigative steps, including:
- Sending a professional investigator to collect and preserve forensic evidence at the scene of the truck accident
- Hiring an expert to examine the truck, your vehicle (or your loved one’s vehicle), and any other vehicles involved in the crash
- Talking to eyewitnesses and reviewing any cell phone photos or videos that are available
- Reviewing the police report
- Seeking to obtain any available traffic or security camera footage of the crash itself or of the truck in the moments before the crash
- Seeking to obtain the truck’s maintenance records
- Seeking to obtain the truck driver’s employment records, driving log, and cell phone data
These are just examples. Investigating a serious truck accident may involve a variety of other steps as well. In any case, it is important to open an investigation as soon as possible, and this means that you should talk to a Birmingham truck accident lawyer right away.
Talk to a Birmingham Truck Accident Lawyer for Free As Soon As Possible
If you have questions about filing a claim after a truck accident in Alabama, we strongly encourage you to get in touch. To arrange a free, no-obligation consultation with an experienced Birmingham truck accident lawyer as soon as possible, call 205-855-2745 or contact us online now.