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3 Reasons You Need a Truck Accident Lawyer

— April 13, 2022

If you have sustained severe injuries, a lot of money may be at stake. Who’s going to pay that money to you?

Birmingham, AL – Alabama has an average of 111 truck accident fatalities per year, while another 2,500 people are injured in crashes involving large commercial vehicles. Truck accidents are more common in and around major urban centers, such as Birmingham. 

If you or someone you love were recently involved in such a crash, you must contact the best Birmingham truck accident lawyers you can find right away. Without good legal representation, you risk losing the right to collect damages for your injuries or for losing someone.

Here’s what a knowledgeable lawyer can do for you.

Defend you against contributory negligence

Alabama is one of a handful of states that follow the contributory negligence doctrine. Under contributory negligence law, the victim of a motor vehicle accident may be barred from collecting any damages if they are even one percent responsible for the crash. 

When you file a personal injury claim, the insurance adjuster will be looking for any pretext to deny your claim, and, in Alabama, it doesn’t take much. For instance, if it is determined that you were a bit distracted by your kid in the backseat or you were fiddling with the radio, that’s reason enough to be barred from recovering damages.

As a rule, if you’re in a truck accident or any sort of crash for that matter, don’t say anything that may sound like an admission of guilt. Instead of arguing with the trucker, do yourself a favor and call an experienced truck accident lawyer in Birmingham.

They may be able to help you even if you were partly to blame for the crash. You may still recover damages if your truck accident lawyers can prove that the trucker was not merely negligent, but engaged in wanton behavior. Under Alabama law, wanton behavior is defined as conduct that is carried on with a reckless or conscious disregard for the rights or safety of others.

Determine who is liable for damages

Let’s say you did nothing wrong so you’re fully entitled to collect damages. If you have sustained severe injuries, a lot of money may be at stake. Who’s going to pay that money to you?

It is essential that you contact seasoned Alabama truck accident lawyers right away and get them working on your case. They will have to conduct their own investigation into the crash to determine who may be held accountable. Many truck accidents are caused by driver error, but there are also cases when other parties may be held accountable.

Trucks in mechanics bays for service; image by Carlos Daniel, via
Trucks in mechanics bays for service; image by Carlos Daniel, via

For instance, if the accident was caused by a mechanical failure, you may have a case against the trucking company, as they are responsible for vehicle maintenance.

Or you may have a case against those responsible for loading the vehicle if the cargo shifts suddenly making the driver lose control of the truck. 

Negotiate with the insurance company

Under Alabama personal injury law, you can seek compensatory damages, which are of two types. 

Economic damages are easy to calculate as they refer to medical expenses, property damage, and lost wages. However, you will need skilled truck accident lawyers to help you put a monetary value on your pain and suffering, which falls under non-economic damages. In Alabama, there is no cap on pain and suffering damages. It all depends on how good your lawyer is. If they can produce convincing evidence, the sky’s the limit. 

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