Alabama Trucking Accident Laws

Trucking is the most common way of transporting products in Alabama. In 2018, trucks moved over 264 million tons of cargo throughout the state. Foreign shipments totaling 22.5 million tons were also accounted for. This equates to around $295 billion in domestic and $28.7 billion in long overseas shipments. To avoid further accidents, Alabama has put some rules and laws in place to make its highways as safe as possible for residents and truck owners. These rules are continuously updated as necessary.

Alabama Trucking Laws

common types of truck accidents

Commercial truck accidents are a serious concern on our highways, with hundreds of thousands of collisions occurring every year. These collisions often have devastating consequences as well as about 4,000 fatalities annually. Understanding the common causes and types of commercial truck accidents is crucial in preventing these incidents. 

What Are the Most Common Types of Commercial Truck Accidents?

How To Sue a Trucking Company

If you get into an accident with an 18-wheeler or commercial vehicle, you’ll likely need to be familiar with the personal injury laws and wrongful death regulations in your state. You may have several options to pursue financial compensation for your medical bills, lost wages, pain and suffering, and other damages. Whether the collision was with a trucking company or a third party, the lawsuit will be subject to the state’s (where the accident occurred) statute of limitations. This means that the person filing must take legal action within a specified period of time, or else the case is barred from court. 

what does truck insurance cover

This guide looks at the various types of trucking insurance policies available, what they cover, how insurance companies and courts determine liability in truck accidents, and what policyholders can expect to pay for coverage. 

Trucking Insurance: What's Covered and What Isn't

Truck accident lawsuit cost

Almost all accidents involving cars and semi-trucks result in injury or property damage to one or both parties. This article provides information about hiring an attorney, how much your lawsuit might cost, and legal resources that can assist you in recovering from your accident. 

How Much Will a Truck Accident Lawsuit Cost? [2023]

evidence in truck accident lawsuits

After a truck accident, determining liability is often the primary concern. There can be a lot of conflicting information when trying to figure out the next steps. This guide provides tips and recommendations for compiling compelling truck accident evidence when filing a claim for compensation.

Evidence and Liability in Semi-Truck Accidents

What Is the 34-Hour Reset Rule?

The 34-hour reset rule plays a pivotal role in the trucking industry, primarily enhancing safety. Its fundamental purpose is to mitigate the risks associated with driver fatigue. This regulatory measure mandates that once a driver has exhausted their allowable driving hours, typically 60-70 hours within a 7 or 8-day window, they must observe an uninterrupted rest period of a minimum of 34 consecutive hours. During this reset, drivers are strictly prohibited from engaging in work-related activities.

Average Settlements for 18-Wheeler Accidents [2023]

If you have found yourself left with financial and physical burdens as a result of an 18-wheeler accident, you can seek compensation through the legal system. This article will discuss some of the typical settlements seen in 18-wheeler accidents and the factors that influence the final settlement amount to provide a clearer picture of truck accident settlements. 

Hiring a truck accident attorney

If you've never hired a lawyer before, the process can be daunting. Truck accident victims may need a specialized personal injury attorney; here's how to hire one.

How to Hire a Truck Accident Attorney

What to do after a truck accident

This guide is a valuable resource for trucking accident victims, providing clear and concise instructions on what to do in the immediate aftermath of an accident and in the days and weeks that follow. 

What to Do After a Truck Accident: A Step-by-Step Guide

Please call 334-241-2651 for non-emergency calls such as reporting suspicious behavior, reporting an accident, or reporting a break-in.

Anyone who is interested in obtaining an incident or crime report, arrest report, or accident record may contact the Montgomery Police Department (MPD) and pay the required costs. The office is open from 8:00 a.m. to 5:00 p.m., Monday through Friday.

Alabama Code §6-2-38 specifies a timeframe for bringing a personal injury lawsuit, depending on your Montgomery auto accident. In Alabama, auto accident victims generally have two years to pursue legal action and attempt to hold the at-fault motorist accountable. If you miss this window, you will likely lose your chance to pursue a personal injury case and seek compensation.

Alabama's negligence law is founded on the idea of contributory negligence, which implies you cannot obtain damages from the other party if you were even 5% at fault. Therefore, if you have been involved in a vehicle accident in Montgomery, it is essential to determine who was at blame and whether you participated in any manner.

Under Alabama Code 2018 32-5B-7, which covers Montgomery, the failure to use a safety belt in violation of this chapter is not proof of contributory negligence. The act does not reduce an insurer's obligation, and does not result in a conviction that will appear on the driving record of a driver. Essentially, this implies that a person's failure to wear a seatbelt cannot necessarily be used as proof of their contributory fault. Additionally, it cannot be used as proof of the plaintiff's failure to reduce damages.

Keep in mind that if you accept a settlement from an insurance company in return for signing a release of your personal injury claim, you may lose your right to pursue further compensation for your injuries. Therefore, it may be in your best interest to contact experienced car accident attorneys in Montgomery to help you properly value your claim, even if the insurance company makes you believe that it is a reasonable settlement offer.

In order to receive punitive damages in a Montgomery car accident lawsuit, you must satisfy a few conditions. First, you must follow the typical procedure for filing a personal injury claim to prove that the defendant was negligent and liable for your injuries. Assuming you can establish the defendant's negligence, you must demonstrate that the defendant caused your injuries by oppression, fraud, malice, or willful disobedience. An experienced attorney can help you do this.

A truck accident lawyer is a personal injury attorney specializing in truck accidents. These lawyers help their clients navigate the legally complex terrain of truck accident law by gathering evidence, sending demand letters, negotiating with insurance companies, and preparing the case for trial.In most cases, they are personal injury lawyers who specialize in this particular type of claim.

Truck accident liability is a notoriously complex area. In car accidents, liability is typically shared by one or more drivers, but that’s not always the case with truck collisions. These are just a few of the parties that may be responsible for truck accidents and subsequent injuries:
<ul>
<li>Equipment owners, including leasing companies</li>
<li>Truck drivers who are reckless, intoxicated, or make mistakes</li>
<li>Trucking companies accountable for hiring and keeping records</li>
<li>Maintenance providers who are negligent or fail to perform routine tasks</li>
<li>Loading personnel in accidents caused by shifting loads</li>
<li>Third-party drivers, especially in multi-vehicle collisions</li>
<li>Equipment manufacturers that sell defective parts</li>
</ul>

In truck accident cases, as in all personal injury cases, the burden of proof rests on the plaintiff or party filing the lawsuit. To prevail in court, the plaintiff must prove four things:<ul><li>The plaintiff must show that the defendant owed him or her a duty of care, such as having a legal responsibility to hire qualified drivers and maintain safe equipment.</li><li>In negligence claims, the plaintiff must prove that the defendant breached this duty.</li><li>The plaintiff must show that they suffered damages or experienced harm.</li><li>Finally, the plaintiff must prove that these losses were a direct result of the defendant’s breach.</li></ul>

Driver error is the single most common cause of motor vehicle accidents, but a variety of factors come into play on busy highways and secondary roads. Other potential causes of truck accidents include the following:<ul><li>Inadequate or improper driver training</li><li>Severe weather, including rain, sleet, ice, and fog</li><li>Dangerous roadways, potholes, and construction zones</li><li>Improper loading, excess weight, and shifting cargo</li><li>Reckless driving involving intoxication or distractions</li><li>Faulty equipment, such as failing brakes</li></ul>

Yes, all trucking companies are responsible for hiring qualified drivers and maintaining safe equipment. However, a lengthy investigation may be required to document the scene, establish contributing factors, and hold the company responsible. Personal injury attorneys generally focus on the following points during the investigation:<ul><li>Checking the truck driver’s record</li><li>Securing phone records to prove distracted driving</li><li>Photographing skid marks and road conditions</li><li>Verifying the truck’s weight and maintenance history</li><li>Establishing the driver’s physical and mental health</li><li>Reviewing logbooks to identify times of service violations</li><li>Checking for previous violations to establish a pattern of misconduct</li></ul>

In the U.S., it's estimated that there are 500,000 large truck accidents per year with an average of nearly 1,400 per day, according to data collected from police reports. Of those 500,000 accidents, approximately 4,000 result in a death. The majority of semi truck accidents are caused by mechanical defects and driver fatigue.

If you have been injured in an accident with a semi truck that is not your fault, you are entitled to compensation for the damages to your vehicle as well as for your medical bills, time missed from work, and other damages suffered. You can sue if the person or company refuses to offer fair compensation.

The most important thing to do after a serious accident is to seek medical attention. You should also collect witness information, photographs of the accident scene, a copy of the police report, and contact information from the driver of the truck. Gather all of your paperwork related to the accident, including copies of your medical bills. Avoid posting about the accident on social media or speaking to the driver's insurance company before seeking legal advice, because anything you say can be used against you and affect your compensation.

Most lawsuits are settled without going to court, so reaching a settlement can happen at any point that both parties agree on fair compensation. However, in most states, once an agreement has been reached, it cannot be changed, so it's a good idea to wait long enough to ensure that there are no additional injuries before settling.

Litigation for semi truck accidents is similar to auto accidents, but it's usually more complicated because any number of parties may ultimately be responsible for the accident, including the company that handles the truck's maintenance or repairs. If attempts at negotiating a settlement with the responsible party are unsuccessful, the lawsuit may proceed to trial. In some cases, more than one party is responsible and one of the parties may fight the lawsuit and claim no responsibility. For these reasons, it's important to seek legal help from an attorney with experience in litigating semi truck accidents.