You may have a case against the manufacturer of a defective part, such as the brakes or steering system, if a malfunction of that sort caused the crash.
The trucking industry accounts for over 111,000 jobs in the state of Alabama, but the presence of so many large commercial vehicles on the roads comes at a heavy price. Truck accidents account for roughly 10% of all crashes in the US. As far as Alabama is concerned, in 2019, for instance, 930 people were killed and over 46,000 were injured in motor vehicle accidents. That means thousands of families in Alabama are devastated by truck accidents each year, and it’s not just the pain they’re put through, but also the financial problems they’re faced with. Recovering damages for a truck accident is a far more complex process than negotiating a settlement for a collision between two passenger cars. In a truck accident you can have multiple parties liable for damages, which is why it’s best to talk to a skilled truck accident lawyer in Birmingham if you want to make sure you get the compensation you deserve.
Who is liable for damages in a truck accident in Alabama?
In most cases, it’s the truck driver who is liable for damages in this type of crash. Most truck accidents are caused by driver errors or distracted driving. If a trucker is speeding or ignoring traffic signs, he will be held responsible, but there are many cases when things are more complicated.
Driver fatigue is one of the most common causes of truck accidents and an experienced attorney can help you build a case against the trucking company’s insurance, not just the trucker.
Truck drivers are required to observe the federal Hours of Service regulations, which limit the time they are allowed to work. Truckers cannot drive for more than 11 hours in one shift, after which they must take a 10-hour break and rest. If there’s any reason to believe fatigue might have played a role in the crash, a seasoned truck accident lawyer will immediately request the driver’s log data which records the time the driver was on the road. In many cases it turns out that the driver had been pressured by his employer to ignore safety regulations and drive without a break just to make the delivery quicker. If that is the case, the trucking company can be held accountable for the crash.
At the same, if the accident was caused by a mechanical failure it is the trucking company’s fault as it is the vehicle owner’s duty to provide adequate maintenance to the trucks.
Also, you may have a case against the manufacturer of a defective part, such as the brakes or steering system, if a malfunction of that sort caused the crash.
Finally, a skilled Alabama truck accident lawyer will have a look at the load of the semi. If a truck is overloaded or the cargo is not properly secured, a sudden shift of the load can make the vehicle impossible to control. To an outside observer it might seem that the trucker was driving erratically, but a thorough investigation may reveal he was only trying to regain control of the vehicle. In that case, the owner of the load or the shipping company may be held responsible for damages.
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