Commercial trucks can weigh up to 80,000 pounds—about 20 times the weight of an average car. This makes them harder to control and, crucially, harder to stop. As a result, if a driver cuts off a commercial truck, the truck driver may be helpless to avoid a collision. In this scenario, seeking just compensation starts with hiring an experienced Birmingham truck accident lawyer to prove who was at fault in the crash.
While it may initially seem like the driver who cut off the commercial truck was at fault—and while this driver may indeed be responsible—there are other possibilities as well. To ensure that you are asserting your legal rights effectively, you need to make sure you are seeking to hold the right party (or parties) accountable.
Determining Liability When a Driver Cuts Off a Commercial Truck
Determining liability when a driver cuts off a commercial truck involves piecing together all of the events that led up to the collision. Regardless of whether the driver who cut off the commercial truck was at fault, various other factors could have played a role in causing the collision as well. As a result, assessing accident victims’ legal rights will involve answering several key questions, including:
- Why Did the Driver Cut Off the Truck? Was the driver distracted? Were they driving aggressively or recklessly? Or, did they have to change lanes unexpectedly to avoid a collision with another at-fault driver?
- Did the Truck Driver Have Room to Stop? If the truck driver had braked immediately, could they have avoided a collision? Or, was there not enough room to stop the truck without coming into contact with another vehicle?
- Did the Truck Driver Have an Opportunity to Swerve? Even if the truck driver couldn’t stop in time to avoid a collision, could they have swerved? Or, was there simply nowhere for the truck driver to go?
- Did a Brake Failure or Another Defect Play a Role in the Crash? Was the truck driver unable to stop because of a brake failure? Did another issue with the truck (or any other vehicle involved in the collision) play a role in the crash?
- Did the Road Surface or Another Issue with the Road Play a Role in the Crash? Did an issue with the road play a role in the crash? Or, was the crash purely the result of driver negligence and/or a vehicle defect?
Answering these questions, among many others, will be critical for determining why the truck accident happened. Once you know why your accident happened, then you can focus on holding the at-fault party (or parties) accountable.
Identifying the Liable Party (or Parties) After a Multi-Vehicle Accident Involving a Commercial Truck
Depending on the circumstances involved, several parties can potentially be liable for a multi-vehicle accident involving a commercial truck. If you were injured in a multi-vehicle truck accident, the parties that may be liable for your injuries include:
- The Driver Who Cut Off the Truck – Cutting off any type of vehicle can be dangerous. If the driver who cut off the truck could (and should) have made a better decision, this driver could be fully liable for your accident-related losses.
- Another Driver Involved in the Collision – If the driver who cut off the truck was forced to swerve in order to avoid a collision with another driver, then this other driver could be primarily, if not solely, responsible for the crash.
- The Trucking Company – If the truck driver had an opportunity to avoid a collision, the trucking company could be responsible (or at least partially responsible) based on the truck driver’s negligence behind the wheel.
- The Truck’s Manufacturer – If a brake failure, tire blowout or any other truck-related issue played a role in the accident, the truck’s manufacturer could also be responsible (or at least partially responsible) for what happened.
- Another Third Party – From government agencies and road construction contractors to negligent drivers’ employers and rideshare companies, various other parties can also be held liable for accident victims’ injuries in appropriate cases.
If multiple parties share legal responsibility for your truck accident, you may be able to fully recover your losses from one party, or you may need to file multiple claims for compensation. In any case, you will need to ensure that you have all of the evidence you need, and you will need to be prepared to assert your legal rights effectively. These factors, among others, make it important to have an experienced Birmingham truck accident lawyer on your side.
What To Do After a Multi-Vehicle Truck Accident in Alabama
With all of this in mind, if you were injured in a multi-vehicle truck accident in Alabama, you need to prioritize protecting your legal rights. Even if you are clearly entitled to financial compensation, it is up to you to prove both: (i) who (or what company) is responsible for your losses; and, (ii) the financial and non-financial damages you are entitled to recover. Among other things, this means you should:
1. Prioritize Your Medical Needs
Proving that you are entitled to financial compensation requires evidence that you sustained your injuries in the accident. This makes it important to see a doctor promptly.
2. Keep as Much Documentation as Possible
It is also important to keep as much documentation as possible. If you have photos or videos on your phone, a copy of the police report, or any other documentation, you should keep these to give to your lawyer.
3. Talk to a Lawyer as Soon as Possible
While you should prioritize your medical needs, you should also talk to a lawyer as soon as possible. Your lawyer will need to investigate the accident promptly before any key evidence disappears.
Get the Help You Need from an Experienced Birmingham Truck Accident Lawyer
Do you need to know more about your legal rights after a serious truck accident in Alabama? If so, contact us today. Call 205-855-2745 or request a free consultation online to speak with an experienced Birmingham truck accident lawyer in confidence.
