Competent 18-Wheeler Truck Accident Attorney in Birmingham, Alabama
Almost every business relies on commercial trucking to supply raw materials and market-ready goods. While commercial trucks are crucial to our economy, accidents involving these enormous vehicles can result in severe and potentially deadly casualties.
If a truck driver or the trucking firm employed them was negligent, and an accident happens, the victims may be entitled to substantial compensation. The Petro Immigration Attorneys help individuals throughout Alabama who have been injured in 18-wheeler trucking accidents. Contact our competent 18-wheeler truck accident attorney in Birmingham, AL, immediately to schedule your initial case examination.
Why Do You Need an 18-Wheeler Truck Accident Attorney in Alabama?
In most cases, hiring an 18-wheeler truck accident attorney is beneficial. There are circumstances under which you should always see an attorney. Below are the indications that you should immediately retain our 18-wheeler truck accident attorney in Birmingham, AL.
The Insurance Provider is Delaying the Compensation
An insurance company must immediately examine claims. They might be guilty of bad faith if it fails to make reasonable efforts to investigate a claim and issue a decision to the victim.
In addition, the company may be trying to prolong the lawsuit until the Statute of Limitations has expired. The Statute of Limitations is the deadline for initiating legal action. Any case you submit after the deadline may be dismissed.
In Alabama, you have just two years from the accident date to make a claim for personal injury. There may be exceptions that shorten or lengthen the deadline.
You Are Being Suspected of Participating in Your Injury’s Cause
A strict contributory negligence standard governs personal injury cases in Alabama. It is the strictest threshold for allegations of contributory negligence.
Under the doctrine of pure contributory negligence, you cannot obtain compensation for your injuries if you contributed to the accident. In other words, if you are even one percent guilty of the accident, the other party is not liable for any of your losses or damages.
In Alabama, insurance firms frequently employ contributory negligence as a defense against insurance claims. By placing the blame on the victim, the insurance company seeks to avoid paying a legitimate injury claim.
The Accident Resulted in a Permanent Impairment
Accidents involving catastrophic and severe injuries might result in lasting impairments and disabilities. Permanently disabled victims may be eligible for further compensation for future losses.
However, estimating future losses might be difficult. Medical experts, economists, and other specialists are typically required to assess the expense of ongoing medical treatment, future personal care, and future pay loss.
Our competent 18-wheeler truck accident attorney in Birmingham, AL, has the means to employ the essential specialists to aid with future damages.
You Are Uncertain of Your Claim’s Value
Valuing a claim for personal injury can be difficult, particularly in high-value situations. It is hard to quantify a person’s agony and suffering, yet we must do so to win compensation for our clients.
We appreciate how juries and insurance companies value damages for pain and suffering. In addition, we know how to use the case’s evidence and circumstances to maximize these damages.
The insurance company will not disclose your claim’s actual worth. To guarantee that you are pursuing maximum compensation for your injury claim, you need the assistance of our professional 18-wheeler truck accident attorney in Birmingham, AL.
Your Child Has Been Injured in a Collision
When pursuing justice for their child, it can be difficult for a parent to maintain objectivity. Parents may let their emotions at the other person for causing damage to obscure their better judgment.
Having our 18-wheeler truck accident attorney in Birmingham, AL, on your side provides you with a unique viewpoint that can assist you in achieving the best possible outcome for your child. Also, children’s injury settlements are subject to distinct regulations. We guarantee that you adhere to the processes for securing and receiving compensation for your child.
Communicating with us is never wrong. In most instances, discussing with us your accident claim gives benefits you may not realize you require until you meet with our professional Birmingham 18-wheeler truck accident attorney.
The Federal 18-Wheeler Trucking Laws
The Federal Motor Carrier Safety Administration (FMCSA) regulates 18-wheeler transportation and sets standards for 18-wheeler truck drivers, corporations, manufacturers, and other individuals or entities that may be involved in 18-wheeler commercial trucking. The FMCSA mandates that 18-wheeler drivers should be:
- Be at least 21 years old
- Fluently speak English
- A holder of a CDL driver’s license
- Physical examination every two years
- Keep a daily journal of kilometers traveled and driving time
Trucking Companies using 18-wheelers are obliged to:
- Conduct background checks on prospective drivers to ensure a history of safe driving
- Train and teach 18-wheeler drivers adequately
- Perform routine mechanical upkeep and repairs
- Document all maintenance and repairs
What Are the 18-Wheeler Truck Driver Hour Restrictions in Alabama?
The FMCSA specifically regulates fatigue among 18-wheeler truck drivers. Drivers who are fatigued represent a severe hazard to public safety. There is also the temptation for trucking companies to have their drivers behind the wheel for longer than is safe each day to increase profits.
Due to the danger presented by tired or sleepy drivers, the FMCSA regulates the number of hours an 18-wheeler truck driver can work:
- Drivers of 18-wheeler trucks cannot exceed 11 hours of driving each day.
- Between shifts, 18-wheeler truck drivers must rest for at least 10 hours.
- A complete shift for a tractor-trailer truck driver cannot exceed 14 hours.
- 18-wheeler truck drivers must keep an accurate diary of their hours on duty and behind the wheel.
There are instances in which FMCSA regulations are violated due to the monetary motive that exists for businesses to pressure their truck drivers to deliver items on time. Some 18-wheeler truck drivers may not report accurate information in their logbooks.
In these instances, our professional 18-wheeler truck accident attorney in Birmingham, AL, is called upon to demonstrate the discrepancies between the 18-wheeler truck driver’s logbook and other evidence, such as:
- Toll receipts
- Weighing station accounts
- Delivery invoices
- Calculations of distance and time in miles
- Gasoline station receipts
What Are the Common Causes of 18-Wheeler Truck Accidents in Alabama?
The following are frequent causes of truck and 18-wheeler accidents in Alabama:
- Driver exhaustion
- Aggressive driving
- Unrealistic delivery deadlines and demands
- Lack of adequate loading and securing of goods
- Alcohol or drug usage
- Defective equipment accidents
- Insufficient truck maintenance
- Violation of other safety standards
- Impaired driving is caused by alcohol or substances such as “meth” (methamphetamine)
- Disobedience to traffic signs and signals
- Failure to maintain sufficient vehicle control
- Noncompliance with Department of Transportation requirements
Our experienced 18-wheeler truck accident attorney will investigate the accident and all pertinent facts to secure a favorable settlement or verdict in court.
To optimize your healing, it is essential to begin the inquiry immediately. Petro Immigration Attorneys advances all costs associated with pursuing your truck accident claim so that you can afford the assistance you need.
What Are the Types Of Injuries Sustained in Big Truck Wrecks?
Numerous injuries incurred in accidents involving large trucks are devastating and can have lifelong repercussions for you and your family. These severe injuries might necessitate expensive surgical procedures, hospital stays, rehabilitation, medication, and continuous care.
Injuries to the Head and Brain
TBI (traumatic brain injury), skull fracture, brain swelling, and other head traumas can be fatal and lead to aneurysm, loss of cognitive and motor function, depression, and severe physical, emotional, and developmental difficulties.
Injuries to the Neck and Spine
When involved in a collision with an 18-wheeler truck, you may get injuries such as whiplash, nerve discomfort, fractured vertebra, and disk damage. Damage to the spinal cord can result in partial or total paralysis and even death.
Broken Bones
When involved in an 18-wheeler wreck, occupants in passenger vehicles frequently get serious rib, arm, leg, facial, and other bone fractures.
Internal Injuries
Internal bleeding and severe damage to the liver, kidneys, spleen, lungs, and other essential organs can result from the impact of being struck by an 18-wheeler truck.
Slashes and Burns
Lacerations and burns caused in incidents involving large trucks might necessitate prolonged, excruciating medical care and result in lifelong scars.
Mental Health Problems
Accident-related nightmares, PTSD, anxiety, and other psychological difficulties can significantly influence your mental health and quality of life.
Wrongful Death
Large truck accidents are more likely to result in fatalities than collisions between two passenger vehicles. Our Birmingham 18-wheeler truck accident attorney understands how terrible it is to lose a loved one. We work to guarantee you obtain justice and compensation for your loved one’s death.
What Should Be the Process After an 18-Wheeler Accident in Alabama?
After a collision with a commercial truck, the first step is to seek medical attention. This is true even if you do not believe you have been injured. Some signs of injuries may not manifest until well after the adrenaline and shock of the incident have subsided. In addition, insurance adjusters may dispute any delay in treatment after the incident.
You should also attempt to photograph the accident site. If you cannot do this task, contact a friend or family member to assist you as soon as possible. Even a few hours might cause crucial evidence to vanish.
You should call our competent 18-wheeler truck accident attorney in Birmingham, AL, as soon as possible following the collision. We will undertake an impartial investigation before beginning settlement negotiations. If an insurance company refuses to offer enough compensation, we may file a lawsuit against them to obtain the amount you are entitled to.
Can You File a Lawsuit for an 18-Wheeler Truck Accident?
After an accident with an 18-wheeler truck, you may be eligible to file a lawsuit. Our skilled Birmingham personal injury attorney can advise you on whether or not you have a solid case for a lawsuit. You deserve justice if you suffered permanent injuries or lost a family member in a truck accident.
You must demonstrate that the truck driver, trucking business, or another party’s negligence caused the collision. We can assist you in transforming your allegations into a solid claim or civil action.
In most circumstances, we can obtain compensation for our clients without filing a lawsuit or going to court. We can instead submit an insurance claim based on the policies of the liable parties and demand fair compensation from the insurer.
Who is to Blame for an 18-Wheeler Accident?
If you file a personal injury claim following a collision involving an 18-wheeler truck, you must identify the party at fault. There may be several parties to blame for the accident that injured you. Possible parties accountable include:
Manufacturer of the Truck’s Parts
A truck constructed with faulty components is unsafe to operate. The manufacturer might be liable for your damages if defective parts caused the 18-wheeler truck’s collision. Commonly faulty truck components include brakes, tires, the steering mechanism, and the electrical system. Periodically inspecting vehicle components is necessary to ensure their continued functionality.
The Driver of the 18-Wheeler Truck
It is possible that the driver caused the crash. Common acts of negligence committed by truck drivers include intoxication, weariness, distraction, and recklessness. The most prevalent cause of traffic accidents, particularly in commercial vehicles, is driver mistakes. Errors can range from running a red light to improper passing.
The 18-Wheeler Trucking Company
Several elements are outside the control of a truck driver. The employer of the truck driver may potentially be responsible for your accident. A trucking business may be negligent for the following:
- Insufficient vehicle upkeep
- Absence of inspections
- Lacking appropriate driver training
- Contravening with service hour rules
- Employing unlicensed or incompetent drivers
Furthermore, trucking businesses may be responsible for accidents if they employ a driver with known substance abuse issues.
If a truck driver is found to have been careless, their company is likely to be held vicariously accountable. This is permitted under a 1929 judgment of the Alabama Supreme Court, which finds the trucking company liable where the negligent party in a personal injury accident is:
- An employee of the business.
- In the course of their job, the accident happened.
The Loading Personnel
If the cargo on the truck was illegally loaded or secured, the loading team might be responsible for your injuries. To prevent a truck from becoming unmanageable, it must be uniformly and securely loaded with goods. If an 18-wheeler truck is overloaded or its cargo is rerouted, it is susceptible to tipping over. A wrecked 18-wheeler may potentially lose its load and leave dangerous materials on the road, resulting in more collisions.
If poor loading caused the accident, the employer of the loading team might be responsible for the resulting injuries and costs.
What Are Your Rights and Benefits After an 18-Wheeler Truck Accident?
In Alabama, you typically have two years from the accident date to file a claim for personal injury. You may be entitled to economic and non-economic damages, depending on the exact circumstances and the number of your injuries and losses.
- Economic damages consist of measurable losses such as medical expenses and missed wages.
- Non-economic damages may include pain and suffering, loss of life’s pleasures, and loss of friendship or consortium.
Accidents involving large trucks are complicated. Whether the driver caused the accident, the trucking business, the manufacturer of the parts, or numerous organizations, holding all liable parties accountable for your injuries is essential. Our legal team at Petro Immigration Attorneys is well-versed in the local, state, and federal rules and regulations that pertain to large trucks and personal injury cases in Alabama.
How to Deal With Insurance Companies?
Although you may believe insurance companies are looking out for your best interests, their first concern is to reduce the amount of money they pay out in claims. Attempting to manage a personal injury or wrongful death lawsuit without legal representation may be stressful and frustrating.
If you cannot receive enough compensation for your injuries and losses, it may jeopardize your health, family, and money. Our 18-wheeler accident attorney in Birmingham, AL, knows how to estimate the worth of your accident claim correctly and will provide strong legal counsel to help you obtain the compensation you deserve.
Whether you are an injured worker or an accident victim, we are familiar with the complexities of dealing with insurance carriers for large truck injury cases.
What Happens in a Civil Case?
A civil lawsuit is a court-based procedure that permits a plaintiff to hold a defendant accountable for the injury. Our skilled Birmingham 18-wheeler truck accident attorney can file a civil lawsuit in the proper court if you cannot achieve a reasonable settlement for damages.
The complaint must identify the cause of action, establish the legal and factual grounds for holding the defendant accountable, and specify the compensation or damages sought. It’s vital to have our skilled Birmingham 18-wheeler truck accident attorney prepare your complaint to ensure that all of your legal bases are covered.
Before the start of a civil trial, there is a phase known as discovery. During this phase, attorneys share case-related information and may explore potential settlements. Occasionally, the court facilitates these conversations to assist all parties in reaching an accord.
After the end of discovery, if no settlement is made, the case proceeds to trial. Even though the burden of proof in civil proceedings is lower than in criminal cases, the plaintiff is nonetheless responsible for presenting evidence.
We are skilled in providing pertinent, persuasive evidence and constructing a solid case that illustrates how and why the defendant is accountable for your damages. If the judge or jury finds it in your favor, you will get compensation for the injury caused by the defendant.
How Much Do 18-Wheeler Trucking Accidents Value?
The value of a settlement depends on each case’s specific facts and circumstances. In general, damages are divided into two categories: special damages and general damages. Special damages are quantifiable and may be added up. General damages are those for which we cannot provide a receipt.
Special Damages
Medical Expenses
Proved by collecting your medical records and bills and having a physician testify under oath that your bills were reasonable and medically required to treat your injuries. If you have health insurance that pays for your medical care, you will be responsible for reimbursing them for what they paid on your behalf. This is known as a “Subrogation” interest or lien, indicating that your insurance company expects to be reimbursed if we obtain money from your case.
Damage to Property
It is proven by collecting quotes and repair costs from mechanics.
Wages Lost
Pre- and post-injury job records must be presented as evidence. We may also contact a “vocational specialist” who is knowledgeable about the broader labor market and how persistent disabilities might affect earnings.
General Damages
Anguish and Suffering
Your direct testimony must be backed by your medical records and the evidence of your doctors, any treating medical experts, and any friends or family members who have directly seen the impact of your injuries on your quality of life.
Emotional Strife
Similar to the evidence of pain and suffering. It is impossible to enter another person’s mind and feel what they do, but monitoring the external signals they emit is conceivable. The emotional discomfort and mental agony claims are considered much more severe when the plaintiff can provide evidence, such as psychotherapy or mental health treatment.
How Can Our Birmingham Personal Injury Attorneys Help You?
You may wish to consider working with us even if you intend to pursue compensation through a vehicle insurance claim. While you focus on recovering from your injuries and returning to your old activities as much as possible, we can manage your case. We are skilled negotiators who will fight for the compensation you deserve.
Our 18-wheeler truck accident attorney in Birmingham may assist you in gathering evidence to support your case, such as:
- Captured on video by adjacent traffic cameras
- Photographs of the accident site
- Police reports
- Witness statements
- The trucking company’s training methods
- The truck driver’s past job
- Logbook of a truck driver
- The results of the truck driver’s drug test
After an 18-wheeler truck accident, we must move immediately to protect the trucking company’s evidence that supports your claim. Contacting us as soon as your injuries stabilize enables us to collect the most compelling evidence for your case.
Call Our 18-Wheeler Truck Accident Attorney for Help After an Accident in Alabama.
Injured severely or lost a loved one in an Alabama accident involving an 18-wheeler truck? Contact our 18-wheeler truck accident attorney in Birmingham, AL, who has the necessary skills and resources to handle your case.
We at Petro Immigration Attorneys have years of legal knowledge and have assisted Alabama residents for years. You can hire us to review your case and answer your legal questions when you call or contact us online to schedule an initial consultation.
Consult an Immigration Attorney Today!
Injured in an accident with an 18-wheeler truck?
Sue the right people and receive appropriate compensation for the medical expenses that will help you recuperate from the mental trauma and physical injuries you acquired in the accident. 18-wheeler truck accidents are highly fatal, especially on most major highways. Regardless of whether you walked away with minor or severe injuries and trauma from the accident, you deserve to receive enough compensation and support. While you can’t disregard the mental and physical damage, you can end the financial burden that may come with it. Schedule a consultation with one of our experienced Alabama personal injury attorneys today!