How Does Truck Accident Compensation Work in Alabama?

A Mobile truck accident lawyer can help you fight for compensation

Truck accidents in Alabama often result in serious injuries or fatalities. That’s because semi-trucks and other large commercial vehicles often weigh significantly more than other vehicles on the road. A fully loaded tractor-trailer can weigh 80,000 pounds compared to a 4,000-pound car. That’s twenty times heavier.

When these accidents happen, Alabama truck accident injury victims deserve to be compensated for their financial losses. But how does the system work? Who’s responsible for paying for Alabama truck accidents? Is it the at-fault party? And what if there’s more than one at-fault party to blame for an Alabama truck accident? At Dean Waite & Associates, LLC, we can help you get answers to your questions.

What is a commercial truck accident?

First, it’s important to understand what a commercial truck accident is. Commercial vehicles are different than say a pick-up truck or another personal vehicle. In order to be classified as a commercial truck, such vehicles must meet the following commercial motor vehicle (CMV) standards as outlined by the Federal Motor Carrier Safety Administration (FMCSA):

Vehicle used for commercial purposes to transport goods or more than 8 passengers.
Gross vehicle weight rating (GVWR) of at least 10,000 pounds. That means the vehicle weighs at least 10,000 pounds including cargo.

Another standard many people talk about in terms of commercial trucks is a commercial driver’s license or CDL. Truck drivers need a CDL if the vehicle weighs more than 26,000 pounds. In other words, a commercial truck driver must have a CDL if their truck has a GVWR of at least 26,001 pounds including cargo.

How common are truck accidents in Alabama?

Sadly, commercial truck accidents are fairly common in Alabama. Each year, more than 4,000 accidents occur in Alabama involving large commercial trucks weighing more than 10,000 pounds, according to FMCSA accident data.

In 2022, for example, there were 4,247 commercial truck accidents in Alabama resulting in 1,836 injuries and 160 fatalities. To put these numbers in perspective, there were more than 160,000 large commercial truck accidents nationwide that same year, resulting in more than 73,000 injuries and more than 5,100 deaths, according to the FMCSA.

What makes commercial truck accidents different?

Commercial truck accidents are different from other types of motor vehicle crashes for many different reasons, including:

Accidents often more serious due to the large size of commercial trucks.
The at-fault party may be different than the driver depending on the circumstances of the truck accident.
There may be more than one at-fault party responsible for causing the collision.
More than one investigator may be investigating the truck accident.
The truck driver or trucking company might be located in another state or another country, making the process of obtaining compensation for the collision more complicated.

Is Alabama an at-fault insurance state?

In most states, vehicle insurance falls into one of two categories:

No-fault insurance – Accident victims receive financial compensation regardless of who was at fault for causing the collision.
At-fault insurance – An injury victim receives compensation from the at-fault party who caused the collision.

Alabama has a type of fault-based insurance system. However, the state also has a contributory negligence rule. This means that if truck accident injury victims are even 1 percent at fault, they cannot receive any financial compensation from the primary at-fault party, according to Alabama Code Title 6 § 6-5-755. Because of this strict rule, it’s critical that truck accident injury victims have an experienced attorney on their side, building a strong legal case demanding financial compensation.

Who’s responsible for paying for my Alabama truck accident?

In the case of a commercial truck accident, the at-fault party that caused your collision must pay for your accident expenses. This might sound simple. But as briefly explained above, there’s sometimes more than one at-fault party in cases involving commercial truck accidents. And that at-fault party might not be the truck driver who caused your collision.

So who could be responsible for paying for your Alabama truck accident? Such at-fault parties could include:

The truck driver.
The trucking company the driver works for.
The company that loaded the truck, especially if the truck was improperly loaded.
A business that owns the truck’s trailer or truck’s cab in cases involving tractor-trailer accidents.
A truck manufacturer, especially if a manufacturing defect caused the collision. Defective brakes or tires often cause truck crashes.

What if there’s more than one at-fault party for my truck accident?

Again, this is a common scenario in many commercial truck accidents. More than one person or company may be at fault and legally responsible for causing your collision. If that’s the case, you can seek compensation from all of the at-fault parties.

In most cases, you will need to take separate legal action against each at-fault party. As a result, you may have multiple truck accident claims against multiple at-fault parties. This process can get very confusing. That’s why it’s important to have an experienced Alabama truck accident lawyer on your side, handling all your claims or lawsuits.

Who investigates commercial truck accidents in Alabama?

Unlike many motor vehicle accidents, commercial truck accidents are often investigated by multiple local, state and federal officials. In Alabama, these investigations are often conducted by:

Local police who responded to truck accidents.
An Alabama state trooper from the Highway Patrol barracks who responded to your crash.
The National Transportation Safety Board (NTSB), especially in cases involving commercial truck accidents that result in serious injuries or fatalities.

In addition, it’s common for businesses or corporations that have a vested interest in the outcome of the legal case to conduct their own independent truck accident investigations. For example, insurance companies and trucking companies routinely investigate truck crashes. Your attorney can do the same to make sure that your rights are respected.

Who decides who’s at fault in a truck accident?

You might think that it’s the police or other law enforcement officials investigating a truck accident in Alabama who decide who’s at fault. But the official police investigation into a truck accident is often just the starting point when determining fault and liability, a legal term that refers to who’s legally responsible for causing the collision.

Often, insurance companies and trucking companies play a big role in determining fault and who’s ultimately responsible for causing the accident. That’s because these corporations often have to pay people injured in a truck accident caused by the truck driver or another at-fault party.

Fortunately, you can (and should) be involved in these important discussions. And often, the best way to do so is by having an experienced Alabama truck accident lawyer handling your case and taking part in these discussions about assigning fault for a truck accident. That way, you can make sure your voice is heard and you can make your case for why you should be compensated for your accident.

How much is my Alabama truck accident worth?

There’s no set dollar amount when it comes to commercial truck accident claims. Each one is different and can be worth very different amounts of money. As a result, your truck accident settlement or a financial verdict associated with your case could be worth a few thousand dollars or perhaps millions of dollars or significantly more.

The value of your commercial truck accident often varies based on many different factors, including:

The severity of your injuries.
The cost of medical treatments.
Whether you need ongoing future medical care.
How much time off you need from work to recover from your accident.
Whether you can return to work in the future.

What truck accident expenses can I be compensated for in Alabama?

Victims of commercial truck accidents in Alabama may be able to obtain three types of financial compensation:

Economic damages – These are expenses with specific dollar amounts based on direct financial losses caused by the accident.
Non-economic damages – These are indirect expenses that don’t have a specific financial impact and which are more subjective.
Punitive damages – In cases involving extreme negligence, punitive damages may be awarded by a judge or jury to discourage similar reckless behavior in the future.

Examples of economic damages often associated with a truck accident include:

Medical expenses – Hospital stays, surgeries, medication, rehabilitation, physical therapy, follow-up doctor’s appointments and ongoing future medical care.
Lost wages – Compensation for income lost during recovery and future loss of earning capacity if the injury leads to permanent disability.
Property damage – Repairs or replacement of your vehicle or other personal belongings damaged in the accident.

Examples of non-economic damages include pain and suffering, which is financial compensation for the emotional and physical trauma resulting from the accident.

Working with a truck accident attorney can help make sure that all potential expenses and forms of financial compensation are taken into account when calculating your settlement claim or verdict.

Can I sue the truck driver who caused my accident?

Yes, you can sue the truck driver if their negligence caused the accident. Common grounds for lawsuits include distracted driving, driving under the influence, speeding, or fatigue, which are often contributing factors in truck accidents. A lawsuit can seek damages to cover medical expenses, lost wages, property damage, and other losses.

However, many truck drivers carry only limited insurance, which may not fully cover the extent of your damages. In such cases, you may need to pursue compensation from other liable parties, such as the trucking company or manufacturer of a defective truck part. Every truck accident is different. Your lawyer can help you explore all your legal options.

Just keep in mind that you have a limited amount of time to file a truck accident lawsuit in Alabama. The deadline (known as the statute of limitations) is two years from the date of your truck accident. If you take legal action after that two-year deadline, your lawsuit will likely be dismissed. And you could end up having to pay for your accident expenses out of your own pocket.

Who else can I take legal action against after an Alabama truck accident?

Beyond the truck driver, other parties may also share liability (legal responsibility) for the accident and you can file a lawsuit against them. These other possible parties can include:

The trucking company – If the company failed to properly maintain the truck, train the driver, or comply with federal regulations, it could be held responsible.
The truck manufacturer – Defective parts, such as faulty brakes or tires, may contribute to an accident, making the manufacturer liable.
Cargo loaders – If improperly loaded or unsecured cargo caused your truck accident, the company responsible for loading the truck could be held accountable.
Third-party drivers – In multi-vehicle accidents, other drivers on the road may also share responsibility for causing your collision.

Having an experienced truck accident attorney can help identify all liable parties, ensuring that you receive the maximum compensation available under Alabama law.

Why should I hire an Alabama truck accident attorney?

Commercial truck accidents in Alabama often quickly turn into complex legal cases. Sometimes, it’s because there’s multiple at-fault parties. Other times, it’s because one of the at-fault parties claims you were somehow at fault, which would mean that you would not receive any money for your accident due to Alabama’s contributory negligence rule.

Our Alabama truck accident lawyers at Dean Waite & Associates, LLC in Mobile know how to handle such legal cases. That’s because we have been working with truck accident injury victims in Alabama for years. As a result, we know the state and federal laws that apply to commercial truck accidents. We also know which legal strategies can often be the most effective.

Our case results prove this point, including a $6.75 million settlement for a serious truck accident. Learn more about your legal options after your commercial truck accident. Contact us and schedule a free case evaluation with a Mobile truck accident lawyer you can count on in a crisis. We handle accident claims throughout Alabama.

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