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Birmingham Truck Accident Lawyer

When a person is involved in an accident with a commercial truck, the damages can be severe. Tractor trailers and construction vehicles dwarf passenger cars and create significant force upon impact.

While all operators of commercial trucks are required to obtain special licenses, this does not mean that they are not required to drive with the same care as the drivers of passenger cars.

Birmingham truck accident lawyers represent clients involved in accidents with commercial trucks to fight for the fair compensation that they deserve. Learn more by consulting with one of our accident attorneys in Birmingham today.

Truck Accident Laws in Alabama

While there may be some instances of truck drivers intentionally causing injuries from their driving, most claims for truck accidents involve the legal concept of negligence. Negligence is the idea that some people owe a duty to others to not act in a way that places others in danger.

There are five parts or elements, that must be met by Birmingham truck accident lawyer in a negligence action. Take the example of being rear-ended by a truck at a red light, resulting in a sprained back.

  1. Duty – In any negligence claim, the plaintiff needs to establish that the defendant had a duty to care for the plaintiff’s well-being. All drivers, including those of commercial trucks, have a duty to drive in a manner that does not place others in jeopardy. Therefore, the element of duty is met.
  2. Breach – A breach occurs when a person has a duty to protect others and, through either action or inaction, fails in that duty. Here, the truck rear ended a car at a red light. It is usually the case, but not always, that when a truck rear ends a car sitting at a red light, the driver of the truck has breached their duty.
  3. Cause – The plaintiff needs to show that the accident was the cause of their injuries. In this example, medical documentation will need to show that the cause of the sprained back was the accident.
  4. Scope – It must be foreseeable that the accident and accompanying injury could happen. The example of a sprained back resulting from a rear-end collision is certainly foreseeable.
  5. Damages – Lastly, the plaintiff must have suffered physical injury. The sprained back certainly meets this criteria.

Contributory Negligence and Statute of Limitations

Two other aspects of truck accident cases to keep in mind are the concepts of statute of limitations and contributory negligence. The statute of limitations can be viewed as a time limit for a plaintiff to file suit.

Alabama Code Title 6-2-38 states that a complaint alleging personal injury must be filed within two years of the accident. While this can seem like a long time, medical treatment and negotiations with insurance companies can often stretch for months or even years making it important to have a Birmingham truck accident attorney on your side.

Contributory negligence is the idea that a plaintiff may be partially responsible for the accident, and therefore should not be able to collect damages. Under Alabama Rule of Civil Procedure 8(c), the defendant can utilize this affirmative defense at trial in an attempt to avoid any liability.

For example, even if the truck did rear-end the plaintiff at the red light, if the plaintiff came to a short, sudden stop, a jury might find that the plaintiff contributed to their own injuries and bar recovery.

Let a Birmingham Truck Accident Attorney Assist You

If you, or a person you love, has been injured in an accident with a commercial truck, it is important to obtain strong representation.

Insurance companies that represent trucking companies understand that accidents involving their drivers can result in serious injuries. They also understand that paying out claims for these injuries can be expensive.

Because of this, they can try to take advantage of unrepresented plaintiffs by offering low settlement offers or even trying to convince the plaintiff that the accident was the plaintiff’s fault.

Birmingham truck accident lawyers deal with the insurance companies so that you do not have to. Do not take any unnecessary chances; contact our firm today.