Many Types Of Truck Accidents Happen In Alabama

Alabama drivers must share the road with all different types of vehicles, but commercial trucks can be among the most dangerous if operated recklessly. An accident involving a car and a commercial truck very often leads to serious injuries for the auto driver. While obviously, not all truck accidents can be laid at the door of a negligent driver, it can sometimes be difficult to apportion liability after a truck accident.

If you have been in an accident with a commercial motor vehicle, the Birmingham trucking accident attorneys from Goldasich, Vick & Fulk can help you assess your options in the legal process. You do not have to go through this alone; the right attorney can help increase your odds of recovering damages for the harm you have suffered.

Negligence Cases Have Specific Criteria

There are four main criteria for a negligence claim in Alabama: the existence of a duty of care (which, as said, does exist between road users); a breach of that duty; a tangible injury to the plaintiff; and a showing that the defendant’s actions (or lack thereof) were the direct cause of the plaintiff’s injuries. It can also help to establish any proximate cause in addition to the defendant’s actions.

Most truck accidents can be ascribed to driver error – either by the truck driver or the driver of the other vehicle – but within that category, there are many types of events that can lead to a crash. Alabama law holds that every driver on the road owes a duty to exercise reasonable care toward other road users, and if you can show that someone else’s actions breached that duty of care, you may be able to establish liability.

Are You Liable?

In theory, if you are able to establish that a commercial truck driver should be held liable for your injuries, you may then recover money damages for what you have suffered. However, it is important to keep in mind that Alabama law explicitly prohibits recovery if the plaintiff has been at all negligent. What this means is that unlike in many other states, an injured plaintiff cannot recover damages if the jury finds them even 1 percent at fault for their own injuries.

So, if a defendant asserts that the plaintiff is ‘contributorily negligent,’ and the jury agrees, this means that the injured plaintiff receives nothing. This can feel like too large a hurdle for many injured drivers to overcome; they may decide not to file suit against a negligent truck driver for fear that they will receive nothing. In reality, it is generally a good idea to seek damages, particularly if your accident was severe. The right attorney can help.

We Are Here To Help

A truck accident can throw anyone’s life into turmoil. If you have been through this, a Birmingham truck accident attorney from Goldasich, Vick & Fulk can help advise you as to your best options for the future. Call our office today at (205) 731-2566 to schedule a consultation.