If you are coping with the life-altering consequences of a serious or fatal truck accident, filing a lawsuit provides an opportunity to seek the financial compensation you and your family deserve. This includes financial compensation not only for your out-of-pocket losses but for your non-financial losses (i.e., pain and suffering) as well. How do you sue for a truck accident in Alabama? Keep reading to find out from an experienced Birmingham truck accident lawyer.
7 Steps to Sue for a Truck Accident in Alabama
There are several steps involved in filing a lawsuit after a serious or fatal truck accident. While you can take some of these steps on your own, you will need to rely on an experienced Birmingham truck accident lawyer to take many of them for you. With this in mind, here is a brief overview of the process:
1. Determining Why the Truck Accident Happened
The first step toward filing a truck accident lawsuit is determining why the accident happened. This requires a thorough investigation—not only a forensic investigation at the scene of the accident but an investigation targeting various other sources of evidence as well. For example, in many cases, key forms of evidence will include:
- The truck driver’s phone records
- The truck driver’s driving log
- The truck’s maintenance history
- The truck’s shipping manifest
- The truck’s telematics (or “black box”) data
After a truck accident, it is important to preserve as much evidence as possible before it disappears. This is one reason—among many—why it is important to engage an experienced Birmingham truck accident lawyer as soon as possible. Even if you know why the accident happened, if you can’t prove it, you won’t be able to recover the financial compensation you deserve.
2. Determining Who (or What Company) is Legally Responsible
Being able to prove why the accident happened is important because this also allows you to prove who (or what company) is legally responsible. While there are several possibilities, most truck accident lawsuits involve claims against one or more of the following parties:
- The trucking company, retailer or other business that owns the truck
- The shipping company that loaded the truck’s cargo
- The truck’s manufacturer
- A manufacturer of one of the truck’s components
- Another driver involved in the accident (or, more likely, the driver’s insurance company)
Many lawsuits involve claims against the company that owns or operates the truck. Not only can these companies be held liable for inadequate maintenance and other truck-related issues, but they can also be held liable for their drivers’ negligence behind the wheel. This is known as “vicarious liability,” and it is a central issue in many truck accident lawsuits.
3. Documenting Your Financial and Non-Financial Losses
To prove how much you are entitled to recover in your truck accident lawsuit, you will need to begin documenting your financial and non-financial losses. Financial losses that you may be entitled to recover include:
- Medical and therapy bills
- Prescriptions and medical supplies
- Transportation expenses
- Other out-of-pocket costs
- Lost income and benefits
Receipts, account statements, employment records and other records can be used to document these costs for your truck accident lawsuit. If you incur any costs that you can’t afford to pay (i.e., medical bills), you should be sure to keep track of these costs as well.
Non-financial losses include things like pain and suffering, emotional trauma, loss of consortium, and loss of enjoyment of life. You won’t have any records of these losses, so you will need to document them yourself. One of the best ways to do this is by keeping a log or journal where you write down how the truck accident impacts your life on a daily basis.
4. Calculating the Damages You Are Entitled to Recover
Once you have documented your losses, the next step is to calculate the damages you are entitled to recover. This is a complex process on its own, as not only do you need to add up your relevant out-of-pocket costs to date, but you also need to forecast your future costs and determine what constitutes “just compensation” for your non-financial losses. All of these require legal knowledge, so you will need to work closely with your Birmingham truck accident lawyer to make sure you are seeking the full compensation to which you are entitled.
5. Filing Your Claim(s) Against the Responsible Party(ies)
After assessing your legal rights, your lawyer will file your claim(s) against the responsible party(ies). If necessary, your lawyer will do this quickly before the statute of limitations expires. Since you need to file your claim(s) appropriately to protect your legal rights, this step also requires experienced legal representation.
6. Negotiating for a Fair Insurance Settlement
Most successful truck accident lawsuits settle, and if you are like most people, you will want to settle your lawsuit as quickly as possible. However, it is critical to make sure you do not settle for less than you deserve. With the necessary evidence in hand, your Birmingham truck accident lawyer will be able to negotiate for a fair settlement on your behalf.
7. Fighting for Just Compensation in Court if Necessary
If you don’t receive a settlement offer that you are prepared to accept, the final step in the process will be taking your truck accident lawsuit to court. Your Birmingham truck accident lawyer will take discovery, go through the necessary pre-trial procedures, and then prepare the evidence and arguments necessary to win your case at trial. Your lawyer will present your case on your behalf, and then a judge or jury will decide if you are entitled to financial compensation for your (or your loved one’s) truck accident.
Contact an Experienced Birmingham Truck Accident Lawyer About Your Case Today
Do you need to know more about suing for a truck accident in Alabama? If so, a Birmingham truck accident lawyer at our firm can provide personalized legal advice based on your specific circumstances. To schedule a free consultation as soon as possible, please call 205-855-2745 or tell us how we can contact you online today.