Accidents involving commercial trucks often result in devastating and life-altering consequences for those involved. Given the sheer size and weight of these vehicles, injuries suffered can be severe and sometimes fatal. Just like any other motor vehicle accident, understanding the role of negligence plays a pivotal role in litigating truck accident claims in Alabama. Alabama personal injury lawyer, Stephen Thompson, is well versed in the complexities of such cases and offers an insightful perspective on the subject.
Negligence, in essence, refers to a breach of a certain degree of care that one individual owes another. In the case of a truck accident, negligence may be defined as failure on the trucker or trucking company’s part to exercise a level of care that a reasonable person would in the same circumstance. If you can effectively demonstrate this negligence, you are well on your way to making a successful trucking accident claim in Alabama.
Contrary to popular belief, multiple parties can be held negligent in the event of a trucking accident. They include, but are not limited to, the truck driver, the trucking company, manufacturers of truck parts, and even those responsible for loading the truck. For instance, if a truck driver exceeds federally regulated hours-of-service, drives under the influence, or fails to abide by traffic rules, they demonstrate negligent behavior. Similarly, a trucking company may be held accountable if they fail to maintain their fleet, neglect to implement safety protocols, or pressure drivers to disregard federal regulations.
Moreover, if a truck component, such as brakes or tires, was defectively designed or manufactured, the manufacturer may be liable due to product liability laws. Lastly, if a loading company overloaded the truck or improperly balanced its cargo, leading to a truck tipping over, they may also be considered negligent.
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Your ability to prove negligence is crucial for a successful claim in Alabama due to its adoption of the "contributory negligence” doctrine. This legal standard implies that if you, as the injured party, are found to be even 1% at fault for the accident, you may not be entitled to recover damages. Given this stringent law, it becomes integral to adequately establish the other party's negligence with robust evidence.
Foremost, a vital piece of evidence is the police accident report, which provides an unbiased initial assessment of the accident. Additionally, witness testimonies can provide further details about the accident from different perspectives. Other examples of robust evidence can include photographs or videos from the scene of the accident, drones or surveillance footage, and expert witness testimonies.
Notably, truck electronic control modules (ECMs) or "black boxes," can provide valuable data on the truck's speed, brake use, and other critical pieces of information leading up to the collision. The trucking company's records can additionally serve to establish negligence on the company's part, such as maintenance logs, driver's hours of service records, and vehicle inspection reports.
It's clear that establishing negligence in a commercial truck accident involves complex legal principles and challenging evidence gathering. This complexity underlines the importance of having an experienced Alabama personal injury attorney, like Stephen Thompson, on your side.
When dealing with cases of trucking accidents in Alabama, Stephen is quick to evaluate the different angles of negligence that come into play. He and his team work tirelessly to protect their clients' interests, ensuring that they stand the best chance of securing a favorable outcome in their claims. If you or a loved one has been affected by a commercial truck accident in Alabama, don't hesitate to reach out for assistance. Remember, understanding the role of negligence and the law can make a significant difference in your personal injury claim.
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