Birmingham Truck Accident Attorney
Legal Help After a Collision with a Large Truck in Alabama
If you or a loved one have been injured in a truck accident, it is very important that you do not sign anything given to you by an insurance company, even your own insurance company. Once proper medical treatment is received, immediately call an experienced Birmingham truck accident attorney to represent you and read over anything for you before you sign.
Call the Guster Law Firm, LLC today at (205) 386-6844. Tell us about your case and we can discuss your rights and help you understand your options before moving forward.
Any accident is a terrifying event. When a large truck is involved, the danger is far greater. When you combine high speeds, a vehicle weighing up to 80,000 lbs., and a poor decision by a truck driver, you have a recipe for disaster. According to the Department of Transportation, 1,562 people in Alabama were injured in a truck accident, and 90 people died in 2012 alone. If you or a loved one was involved in a truck accident, it is imperative that you speak with a lawyer to assist you to seek full compensation.
Negligent Truck Drivers
If the truck driver was at fault, and they often are, you have the right to pursue compensation. At the Guster Law Firm, LLC our Birmingham truck accident attorneys can fight for the compensation you deserve. There are many risky behaviors by truck drivers that leave innocent people injured, disabled, and suffering.
Some example of this:
- Commercial drivers abusing controlled substances while driving
- Fail to perform the required safety checks on their vehicles
- Drivers that are fatigued, and have violated hours of service regulations
- Distracted driving, aggressive driving, or driving the vehicle too fast for road or weather conditions
Commercial drivers have a duty to operate their vehicles safely. At-fault truck drivers and their employers must be held responsible for their actions when innocent people are injured or killed.
Was Negligence Involved in My Case?
That depends a great deal upon the specific details of your situation, but there are some general considerations you can keep in mind when looking for negligence in an accident. Consider what types of actions might be thought of as reasonable for a person to take, or not take, and then look at your situation. For example, if you saw that the truck driver looked tired or unusually agitated after the accident, then it is possible he or she did not have enough sleep or was using a stimulant to drive while exhausted. This could make the driver negligent, and open up the possibility of a strong civil lawsuit.
Determining when negligence is involved can be difficult, and proving it in a court of law is often even harder. You need an experienced personal injury and vehicle accident lawyer to represent you and prove the strength of your case. The other driver or trucking company will definitely have representation, and you deserve equal footing to make your case.
Recovering Damages After an Alabama Truck Accident
If you were injured because of a truck driver's negligence, you will need the help of an experienced attorney to help you to seek to recover compensation. Commercial insurance companies move fast, contacting victims and offering lowball settlements. Protect your right to the compensation you deserve by contacting our Birmingham trucking accident accident lawyer at the Guster Law Firm, LLC, LLC. We demand justice and full compensation for those we represent.
Who Can Be Held Liable for an Accident and Injuries?
Liability often depends on all of the details of a case and relies upon demonstrating negligent behavior that directly resulted in an accident and the injuries it caused. Proving negligence is particularly difficult in these kinds of cases, which is why you need an experienced personal injury lawyer on your side. While this varies from case to case, in general, there are a few possible people who might be liable for a truck accident and your injuries.
Parties who can be held liable include:
- The Truck Driver - Perhaps the most obvious person who can be liable in a truck accident is the driver of the truck. Negligence on the truck driver's behalf is often easy to prove for an experienced attorney and can stem from things such as driving too fast to control the truck, not following regulations for getting rest while driving over a long time, or the use of narcotics while operating a truck. While you should not jump to conclusions about the negligence of a truck driver, in some cases he or she might have acted poorly and be liable for your injuries.
- The Trucking Company - Depending on the specific details of an accident, the company that hires a driver and maintains the truck might be liable. If, for example, the brakes or other equipment on the truck were not properly maintained, then the trucking company might have been negligent and liable for your injuries. We may also be able to demonstrate that a truck company knew about negligent behavior on the part of a driver, which could also open them up to liability. These things are often difficult to prove, however, which is why you need an experienced lawyer on your side.
- The Manufacturer - This is probably the hardest form of liability to prove, but worth considering in many cases. If the manufacturer or a truck or its parts is negligent and some kind of mechanical failure results in an accident, then they may be liable for your injuries. Proving negligence is very difficult in these cases, however, so you definitely want a knowledgeable attorney to look at the details of your case before attempting to hold a manufacturer liable for your injuries.
- A Third Party - In some instances, someone else might have caused an accident and be liable for your injuries. For example, if a truck driver had to try to avoid someone walking out into the middle of a road, causing him or her to strike your vehicle, then the pedestrian might be liable. Negligence extends to anyone who acts unreasonably and causes an accident, so it is important to look at all the factors in a case to determine where liability rests.
What to Do After A Truck Accident in Alabama
The chaos of a truck accident is a frightening thing, and it can be difficult to think straight immediately afterward. Knowing what to do, however, can make the difference between just getting through the accident, and being protected afterward. While other people at the scene of an accident might take some of these steps as well, it is important to look out for your own safety and well-being, while also ensuring the safety of others.
1. Tend to Injured Parties
First and foremost, check to see if you or anyone else is injured. If someone is injured, be very careful about moving them, especially if they are complaining about back or neck pain. Movement can greatly increase a neck or back injury, and if you move someone, you may be liable for any additional injuries they sustain. If anyone is injured, contact emergency medical services immediately and notify them that there has been an accident, how many people are injured, and where you are located.
2. Stay at the Scene
Whether someone is injured or not, remain at the scene once Birmingham police have been notified. In the event of a very minor accident, where police are not notified, be sure to swap information with the other driver or leave contact information for property damage if the owner is not at the scene. Leaving the scene of a truck accident in Alabama where damage occurs can result in a misdemeanor charge, while leaving the scene of an injury or fatality is a felony.
3. Cooperate with Police, But Do Not Admit Fault
Cooperate with police and medical personnel who show up at the scene and give an honest statement to police officers. While you must accurately describe what happened, do not use phrases like “it was my fault,” which is an admission of guilt. When Birmingham police officers have to testify at a civil or criminal case, they can only comment on what they personally witnessed, or what you told them in a statement. They cannot say you were at fault unless you tell them that.
4. Seek Legal Help
After a truck accident, once you know that you are not injured and you have taken care of your legal responsibilities at the scene, contact an experienced personal injury lawyer with automotive practice. In Alabama, you only have two years after an accident to file for a civil suit against another driver, and you might have less time if the other vehicle was a state or local government vehicle such as a city bus. A skilled lawyer can protect your rights, handle the insurance companies, and see to it that you get any compensation you deserve.
Contact the Skilled Birmingham Truck Accident Attorneys at Guster Law Firm, LLC
In some cases, truck accident cases proceed to trial, although settlements are far more common. Should your case proceed to trial, you will need a skilled Alabama litigator to take action for you, and to uncover every piece of supporting evidence for your case.
Contact our Birmingham truck accident accident lawyers for a risk-free case evaluation. We do not charge legal fees unless we win for you – call now. Guster Law Firm, LLC can be reached at (205) 386-6844.
Birmingham Truck Accident FAQ
What are the most common ways truck accidents occur?
There are many reasons a truck driver might be at fault for an accident. Aggressive driving, tailgating, and speeding are common problems, which are made more dangerous by the heavy loads that truck drivers carry. Some feel pressured to drive for longer hours than is safe, and their judgment is impaired by fatigue or the consumption of alcohol or drugs. In many cases, bad judgment and violations of federal trucking regulations are the underlying reason for a collision.
What should I do if I am contacted by a lawyer or insurance company representative?
You need the help of a lawyer. Trucking companies and their insurance companies will likely try to settle with you for less than you deserve, so make sure you have legal protection before engaging in any discussions. Trucking firms are represented by defense lawyers who work to reduce the value of claims. Don’t take any chances - get a lawyer on your side.
Who can be held responsible for a truck accident in Alabama?
In many cases, the truck driver was responsible for the collision. In other cases, it may be discovered that a faulty vehicle or truck part failed, or that the truck was improperly loaded, or the cargo incorrectly secured. Any party who is found to have been at fault for the truck accident can be held liable, and an injury case could name several parties, based upon the facts.
How do I find a Birmingham truck accident lawyer?
Look for a lawyer with a proven track record of success in truck accident injury cases. Ensure that your Birmingham trucking accident attorney does not expect you to pay for services up front. At Guster Law Firm, LLC you pay nothing until we are successful in recovering compensation. You can trust us to work diligently and to be committed to you and your case. Call now.
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