Claims Involving Commercial Vehicle Accidents and Third-Party Liability

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Commercial vehicle accidents can have devastating consequences for victims, from severe injuries to fatalities. In Alabama, truck accidents are a growing concern. According to the Alabama Department of Transportation, there were 10,452 truck accidents across the state that resulted in 2,417 injuries and 162 fatalities in a recent year.

These crashes often lead to significant legal and financial challenges, especially when third-party liability is involved. Understanding your rights and the steps to take after a truck accident can help you get the compensation you deserve.

How do commercial vehicle accidents in Alabama happen?

Commercial vehicle accidents occur for various reasons, and often stem from negligence or mechanical issues. Commercial vehicle accidents in Alabama often result from:

Driver fatigue: Long hours on the road can lead to decreased alertness and slower reaction times.
Distracted driving: Activities such as texting, eating, or using in-cab devices divert truck drivers’ attention from the road.
Speeding: Large trucks require more time and distance to stop due to their size and weight. Exceeding speed limits reduces a truck driver's ability to react to sudden changes in traffic conditions.
Failure to follow safety regulations: Ignoring rules such as proper signaling or adherence to weight limits increases the risk of catastrophic truck accidents.
Improper maintenance: Neglecting regular inspections can lead to mechanical failures, such as brake malfunctions or tire blowouts.
Improperly loaded or overloaded cargo: Incorrect loading can cause instability, and lead to rollovers, jackknife accidents, and lost cargo accidents.

How does third-party liability work in commercial vehicle accidents?

In a commercial vehicle collision, more than just the driver can be held accountable. Third-party liability comes into play when other entities contribute to the crash. This could include:

Employer liability: Companies that own the commercial vehicle may be held liable if the driver was working within the scope of their employment at the time of the crash. This includes negligent hiring practices, such as failing to perform background checks or ignoring prior driving violations. It can also involve inadequate training practices.
Maintenance providers: If a truck’s mechanical failure caused the accident, the company responsible for its maintenance might share liability. This could include failure to repair brakes, replace worn tires, or address other safety concerns.
Cargo loaders: Improperly loaded or unbalanced cargo can lead to accidents. The party responsible for securing the load could be held accountable if the cargo shifts or falls during transit.
Vehicle manufacturers: In rare cases, a defect in the truck itself (e.g., faulty brakes or steering systems) may place responsibility on the manufacturer.

Proving third-party liability often requires thorough investigation, including reviewing maintenance records, employment documents, and accident scene evidence. A skilled truck accident attorney can identify all liable parties and build a strong case to secure full compensation for the victim’s losses.

Steps to take after a truck accident in Alabama

If you’re involved in a commercial vehicle accident in Alabama, taking the right steps can protect your rights and strengthen your potential claim. Here’s what to do:

Take initial safety precautions: Ensure your safety by moving to a secure location, if possible. Turn on hazard lights to alert other drivers. If you or someone else is injured, call for emergency medical care immediately.
Call the police: Contact law enforcement to report the truck accident. An officer will document the crash scene and create a detailed police report.
Exchange insurance and contact information: Get the names, phone numbers, and insurance details for all drivers involved.
Gather crash scene evidence (if you can): Take photos or videos of the crash scene, vehicle damage, skid marks, road conditions, and any visible injuries. If witnesses are present, collect their contact information.
Get immediate medical attention: Even if you feel fine, see a doctor as soon as possible. Some injuries may not show symptoms right away. A medical evaluation can serve as evidence for your claim.
Contact a lawyer: Speak with an Alabama attorney experienced in commercial vehicle accidents. They can protect your rights, guide you through the claims process, and help identify third-party liability.
Don’t speak to the at-fault party’s insurance company: Avoid giving statements or accepting quick settlement offers. Let your lawyer handle all communication to protect your interests.
Keep all records of damages: Keep all records of medical expenses, lost wages, vehicle and property damage, and pain and suffering. Organize your documentation to provide a clear picture of your financial and emotional losses. This will strengthen your claim and help ensure fair compensation.

Challenges when pursuing a truck accident claim

Handling commercial vehicle accident claims can be challenging. One significant issue is the potential involvement of multiple parties, which complicates liability. For example, the driver, employer, and maintenance provider may all deny responsibility, which can lead to delays in compensation.

Insurance companies for commercial vehicles may stand to lose millions from a single crash. To protect their bottom line, they often employ aggressive tactics to minimize compensation. They may dispute liability, question the severity of injuries, or offer lowball settlements to close the case quickly. These tactics make it difficult to recover the full value of a truck accident claim without legal assistance.

Federal regulations governing commercial vehicles also pose challenges. Compliance with these rules often comes into question during an investigation. Proving violations requires detailed evidence, which can be difficult to gather without professional legal help. These regulations imposed by the Federal Motor Carrier Safety Administration (FMCSA) might include:

Hours of service (HOS) regulations: Federal HOS rules limit the number of hours a driver can operate to prevent fatigue-related truck accidents.
Commercial driver's license (CDL) requirements: Drivers must hold a valid CDL and demonstrate that they meet specific training and testing standards. Operating without a CDL or with an improper endorsement can be a significant factor in liability.
Drug and alcohol testing: The FMCSA mandates regular testing to ensure drivers are not impaired. Non-compliance or positive test results can serve as proof of negligence. Note that drivers involved in crashes must also undergo a mandated drug/alcohol test.
Vehicle maintenance standards: Trucking companies must maintain vehicles to specific safety standards. Poor maintenance records can suggest negligence.
Electronic logging device (ELD) mandate: ELDs are required to record driving hours accurately. Tampering or non-use can be evidence of regulatory non-compliance.

Should you hire a lawyer after a commercial vehicle accident?

If you were injured or a loved one died in an Alabama truck accident, don’t hesitate to seek experienced legal representation to protect your rights. Dean Waite & Associates, LLC knows how to handle complicated commercial vehicle accident cases, including those involving third-party liability.

Our law firm can work tirelessly to hold all responsible parties accountable and ensure that you receive the full compensation you’re entitled to for your injuries, lost wages, and other related damages. We have a proven track record of success, with notable case results such as:

A $6.75 million settlement in a wrongful death truck accident case.
A $6.5 million settlement for a DUI accident involving a company truck.
A $4.75 million settlement in a wrongful death semi-truck accident case.

We also operate on a contingency fee basis, meaning you pay no fees unless we win your case. We offer free consultations to discuss your case, answer your questions, and explore your potential legal options. Don't hesitate to contact us online or call our Mobile law office to schedule your free case evaluation.

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