Have you suffered injuries due to a truck accident in Huntsville? Contact our truck accident lawyers in Huntsville to protect your rights today!
Every year in Alabama approximately 10,000 truck accidents occur. These accidents led to around 2,500 people being injured and about 150 people killed. In recent years, the number of people killed by truck accidents has only increased.
The best way to find out more information about your rights after a Huntsville truck accident is to contact an Alabama personal injury lawyer, like those at Mama Justice. Truck accident claims are particularly complicated. Alabama’s strict liability laws further complicate such cases. Therefore, it’s imperative to get proper legal aid.
Causes of Tractor-Trailer Accidents
There are many different reasons that a truck accident might happen. What causes a truck accident is important: it can change what injuries occur, what liabilities there are, and what possible legal action can be taken. Common causes of truck accidents include:
- Truck driver error or negligence
- Fatigue
- Distracted driving
- Lane drifting
- Tailgating
- Shifting cargo
- Speeding
- Rollover caused by distraction
- Impaired driving, such as under the influence of alcohol or drugs
- Other forms of reckless driving
- Non-commercial driver’s difficulty in maneuvering around commercial vehicles
- Poor road conditions
- Blind spots
- Bad weather like rain, snow, or fog
- Poorly-maintained vehicles
- Malfunctioning or missing headlights
- Brake or tire trouble
- Malfunctioning or missing turn signals
Types of Truck Accidents
Along with different causes of truck accidents, there are different types of truck accidents. These different types are categorized by the various conditions of the accident. Different injuries and legal recourse are possible depending on the type of accident. Here is a list of the most commonly reported trucking accidents in Huntsville:
Blindspot Truck Accident:
This type of accident occurs when a truck tries to switch lanes, but the driver cannot see the other automobiles on the road. Cars that are directly adjacent to trucks are in their blind spot and are at particular risk of being hit.
- Head-on Collisions: These kinds of accidents occur when a truck crashes directly into another vehicle in a head-on fashion. Given the sheer size of 18-wheelers, this can be particularly deadly.
- Jackknife Truck Accident: Often caused by improper braking and skidding, a jackknife accident occurs when a truck’s cargo trailer turns at an angle from the truck itself.
- Lost or shifting loads: Sometimes, a truck’s cargo can fall or slip from its trailer. The cargo can hit other motor vehicles or land on the ground, causing dangerous conditions.
- Rear-end crashes: These accidents occur when a vehicle crashes into another vehicle from behind. While this type of collision is relatively common and often results in no more than a fender-bender, these can be particularly dangerous when a tractor-trailer is involved because of such vehicles’ sheer size and power.
- T-Bone: This occurs when a truck driver goes past a red light or stop sign, causing a collision in the intersection.
- Truck Rollovers: This occurs when the truck driver loses control in an attempt to swerve or brake, and the truck tips over as a result.
- Underride: This particularly disastrous kind of accident involves smaller vehicles sliding under the truck, usually due to the truck abruptly stopping while on the road.
- Wide turns: When a truck tries to turn, the rest of the truck sometimes maneuvers the opposite way. For example, if a truck driver tries to turn left at an intersection, it’s possible for their trailer to swing the opposite way. This is why it is sometimes called a swinging turn.
Alabama Trucking Accident Laws?
In Alabama, our laws follow the rule of contributory negligence. This means that if you are at all responsible for an accident, you cannot be compensated. It is particularly important that when involved in an accident, a victim reaches out to a personal injury lawyer to have the best possible chance of compensation.
Contributory negligence can be harsh and strict, which is why very few states have it as law. But there are ways to argue that the rule should not apply in your case. An experienced personal injury lawyer will be able to see what is possible in your case.
Contributory negligence can be fought in two ways: first, by arguing that you were not negligent at all, or second, by claiming your case fits into the exception of wanton behavior. Wanton behavior refers to when someone acts with a conscious disregard for the safety of others.
Wanton behavior can be understood as knowingly reckless behavior. In the case of truck accidents, the wanton behavior can come from the truck driver, the truck company, or the vehicle manufacturer. Accidents involving commercial trucks are unique due to the various kinds of liability that might be at play. A skilled personal injury lawyer will be able to investigate who is liable for an accident.
When investigating for liability, a personal injury lawyer may look at various factors. They may start with the truck driver and their behavior on the road. Was the driver acting in a reckless manner? Was the driver distracted? During a thorough investigation, a personal injury lawyer might discover that there was poor maintenance on the truck.
What makes these cases different is that the truck driver is an employee. Truck drivers are notoriously overworked. Liability might fall less on the driver and more on the employer who is overworking their employees, creating dangerous conditions for other drivers and the truck drivers, as well. Because of this, truck accident liability can be broken down in three ways:
- Truck Company Liability: This kind of liability occurs when a truck company is found to be at fault for an accident due to their negligence in maintaining operations, like following regulations, maintaining their supply of vehicles, and overworking their employees. An example of this kind of case could be that an accident ensues after a driver undergoes little training and is immediately put out on the road for long hours. While the driver was in the vehicle, the company is at fault for creating the dangerous situation.
- Driver Liability: Drivers are required to hold specific licenses, follow traffic laws, and drive sober. While a driver’s actions can often be attributed to a company’s negligence, sometimes the driver simply fails to follow the rules. In this instance, the driver may be liable for any ensuing accidents. An example of this could be a negligent truck driver who drank too much while on break and returned to the road.
- Manufacturer Liability: Sometimes, issues with the vehicle are not due to poor maintenance but because the truck had problems. This can be due to faulty parts or poor construction. In these cases, the liability would fall on the vehicle’s manufacturer. An example of this could be a truck whose engine was improperly built, leading to an accident on the road.
Have You Been in a Truck Accident?
While any motor vehicle accident can be dangerous or fatal, truck accidents can be particularly ruthless. It’s essential to understand what recourse you have as a victim. One thing that makes truck accidents so different is the size of the vehicles themselves. Large commercial 18-wheelers are immensely heavy which makes them extremely deadly at high speeds.
Not only does the speed itself make these machines so dangerous, but their excessive weight also causes prolonged stopping distance. Furthermore, alongside the incredible size of these vehicles, the size of the possible case following an accident can be likewise challenging.
Unlike other accidents, truck crashes involve commercial vehicles, with “commercial” being the key word of emphasis. What this means is that it is not only an individual driver and their insurance that are involved but entire companies.
By informing yourself of the nature of these kinds of accidents, you can be better equipped to seek the restitution you deserve. The personal injury lawyers at Mama Justice will fight for you.
Possible Injuries from Truck Accidents
It’s important that you immediately seek medical help after a truck accident. Common injuries sustained from truck accidents include:
- Brain and head injuries, including neurological damage
- Spinal cord injuries, including paralysis
- Amputations of arms, legs, and other extremities
- Back and neck injuries
- Burns and disfigurement of the face and body
- Seat belt and airbag injuries
- Broken and fractured bones
- Muscle tears
- Rib injuries
Some victims may need assistance with their medical bills. Paying for these medical bills might be particularly difficult when an injury can lead to lost income. A personal injury lawyer can help fight for the proper financial compensation victims need to be able to return to their lives.
Truck Accident Claims
After seeking immediate medical care, it’s important to contact a personal injury lawyer to figure out if you have a potential claim.
You have a claim if:
- You were in an accident that involved a truck
- You’re severely injured
- The accident happened within the last three years
- The truck driver was at fault
Suppose you’re not entirely sure about any of these. In that case, it is still worth talking to a Huntsville personal injury lawyer who specializes in truck accidents, such as the personal injury lawyers here at Mama Justice.
We will bring the claim against the liable party. Though it can be hard to ascertain who is liable immediately, our lawyers are excellently trained to perform an investigation in order to find who is at fault. The insurance company of the liable party will compensate you for any of the following:
- Emotional damages (pain and suffering)
- Medical expenses
- Lost earnings from time out of work
First Steps Following a Truck Accident
- Contact 911
- Move your car and your person to somewhere safe
- Evaluate yourself for injuries
- Document the accident scene, like taking photos with your phone
- Collect the information of the other driver
- Seek medical attention
- Contact a truck accident lawyer with experience
Contact the Experienced Truck Accident Lawyer at Mama Justice
Motor vehicle accidents involving trucks are particularly complicated compared to accidents involving only passenger vehicles, motorcycles, pedestrians, etc. This is because there are many more laws involved with commercial vehicles, and often, there are more insurance companies involved as well. Because of this, tractor-trailer accident cases are far more complicated than a typical car accident and require specialized legal knowledge. Contact Mama Justice today to speak with one of our Huntsville truck accident lawyers.
Truck and manufacturing companies will do everything they can to avoid having to compensate victims. This is particularly easy to do because of Alabama’s strict liability laws. Insurance companies will almost always first support these other companies over the needs of individual victims.