Truck Accidents: Frequently Asked Questions
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The Birmingham, Alabama, law firm of Gulas & Stuckey, P.C. represents truck crash victims and families statewide in personal injury and wrongful death claims. From our many years in this arena of litigation, our trial lawyers have learned a great deal about truck accidents and claims for damages.
The following truck accident information is not meant as legal advice or as a substitute for legal representation. You should use this FAQ as a guide to ask good questions when you consult with a qualified attorney to discuss the unique facts and circumstances of your truck accident.
What Should I Do If I Have Been in a Truck Accident?
- Render first aid and summon medical professionals.
- Contact an attorney as soon as possible. He will send investigators to the site, advise you of your rights, and recommend steps to take.
- DON'T GIVE STATEMENTS to police, an insurance adjuster, the other driver(s), or bystanders. Any admission of fault can reduce your ability to recover damages.
- If possible, take photos of damage to both vehicles, debris, your visible injuries, and the general scene.
- Get contact information from any witnesses before they leave the scene (let your attorney get their statements).
- Record the truck driver's name and driver's license, license plate numbers of the cab and trailer.
- Exchange personal information (including insurance information) with all drivers involved.
- See a doctor as soon as possible. Seemingly minor injuries can turn out to be serious — brain trauma, fractured bones, soft tissue injury. Carefully document your injuries, your treatment, and your recovery over the next weeks and months.
- Report the accident to your insurance agent, but stick to basic facts (where it occurred, when, vehicles involved). DO NOT SIGN ANYTHING without talking to your attorney.
- Make sure that your vehicle and the truck are inspected before any repairs are made. Your attorney can arrange this.
What Causes Most Truck Accidents?
Truck accidents may be caused by a variety of factors: truck driver error, negligence by the driver of the passenger vehicle, trucker fatigue, poor truck maintenance, manufacturing defects (tires), overloaded trucks, imbalanced or unsecured loads, road conditions, or hazards in the roadway.
What Regulations Apply to Trucks and Truck Drivers?
Drivers of semi tractor-trailers and other commercial vehicles (10,000 pounds or more) must hold a valid commercial driver's license (CDL). The trucking industry is regulated by the U.S. Department of Transportation (DOT). Commercial vehicles are limited to the amount of weight per axle they may carry (maximum 80,000 pounds for an 18-wheeler). Drivers may face stricter limits on certain local roads in Alabama.
Federal regulations (Hours of Service) state that over-the-road drivers must take 10 hours of off-duty rest after driving 11 hours in one shift. After 60 hours total in a seven-day period or 70 hours in an eight-day period, they must take 34 hours rest before resuming driving. Some exceptions apply for shifts longer than 11 hours, and for short-haul drivers. Drivers are required by federal law to keep a log of each trip.
Who Can Be Sued in a Truck Accident?
Truck accidents often involve multiple vehicles. Your attorney should be experienced in complex litigation involving multiple parties and the insurance issues that often arise. If the truck driver was at fault, you can sue the driver personally and usually the trucker's employer. The owners of the tractor-trailer cab, the trailer, and the freight may all be liable in part, as well as the truck's manufacturer or a third-party maintenance company. If a third driver caused the accident, you can sue for damages under their auto liability policy.
Are Trucks Required to Be Insured?
Trucks governed by the U.S. Department of Transportation must carry at least $750,000 in liability insurance for bodily injury or death. The State of Alabama also requires minimum liability coverage for commercial vehicles not regulated by the U.S. DOT.
What Compensation Can I Recover?
Victims of truck accidents can recover damages for lost wages and medical bills, lost future earnings if the accident resulted in permanent disability, future medical expenses, pain and suffering, and loss of quality of life. In wrongful death cases, surviving family members (the estate) can recover lost economic contributions, loss of companionship/parenting, medical, and funeral expenses.
Is There a Statute of Limitations for Lawsuits?
In general, plaintiffs in Alabama must file a lawsuit within two years of the date of the accident for a personal injury claim, or within two years of the date of death in a fatal truck accident. Your attorney can explain whether exceptions or extensions apply in your case.
What If I Was Partly at Fault?
Alabama is a contributory negligence state. Under a strict reading of the law, you cannot recover damages if you are found to be even 1 percent at fault. As a practical matter, however, you may be able to collect if you share some of the blame but the truck driver or trucking company was predominantly at fault. DO NOT DISCUSS fault with anyone other than your attorney.
Please feel free to contact the Birmingham, Alabama, truck accident lawyers of Gulas & Stuckey, P.C. for any related questions or concerns not addressed here. We represent victims and families statewide in personal injury and wrongful death claims stemming from truck wrecks. Our attorneys have won many substantial verdicts and settlements since 1990, and we will aggressively pursue the maximum compensation rightfully owed to you by negligent parties.
