The Importance of Preserving Evidence in Truck Accident Cases
It is the last vehicle you ever want to collide with. Big rigs can weigh up to 20 or 30 times more than passenger vehicles or SUVs. Because cars and SUVs weigh between 2,500 and 6,000 pounds, the mass differential increases the risk of moderate and severe injuries, even death, to those riding in the passenger vehicle.
The Truck Safety Coalition reports that Alabama was third in the nation for fatalities attributed to large trucks in 2020, tied with four other states. According to Federal statistics, 5,788 people were killed in truck crashes Nationwide in 2021.
In Alabama, in 2020, 130 people lost their lives, and 2,330 were injured in more than 8,000 truck-involved accidents.
You will need the assistance of an experienced, compassionate personal injury trucking accident attorney following your truck accident collision. Attorney Chip Nix understands how to win these cases by carefully collecting all of the evidence that will prove who is the at-fault and liable party.
Alabama Truck Accidents – Liability
Crash facts from the University of Alabama report that improper lane change, failure to yield the right of way, tailgating, failure to see something in the road, and misjudging stopping distances are the five top causes of truck crashes in Alabama.
Multiple individuals or companies may be liable.
Drivers employer – Many truck drivers are working for a trucking company. Under federal law, they must follow restrictions on the number of hours they can stay behind the wheel. We know from experience that many employers push their drivers to deliver loads on time or early. That means they may be driving without adequate sleep, which is similar to driving drunk.
As part of our due diligence, we will obtain the Hours of Service records and any “off-the-record” documents that may be secretly kept. We can check the electronic records to see if the driver was on the phone, playing games, texting, or watching a movie.
The trucking company is also responsible for training its drivers properly and loading the trucks correctly. An uneven load can cause a truck to jackknife off the road.
Vehicle Maintenance – While some truck driver employers may do their own maintenance, we may find that a separate maintenance company is supposed to ensure that the truck is hitting the road in safe, working condition. If we uncover that there was a mechanical failure of the truck that caused the accident, the service provider is one of the first places we will be looking to discover liability. Preserving the service records will be crucial to that investigation.
The vehicle manufacturer may have also put a truck on the road with defective parts or functioning. We find from federal records whether the vehicle was under a recall.
Road Maintenance – You may have driven on roads under construction or been rerouted with poor signage and road conditions. If that contributed to the truck accident, the local, state, or federal government may be liable for failing to keep the roads in driveable condition.
Drivers – Who causes the majority of truck accidents? According to the National Trial Lawyers Association, truck driver error causes the most semi-truck collisions.
Federal statistics show that 88% of truck collisions can be blamed on the truck driver. Attorney Nix has found that truck drivers can be driving tired, distracted, or driving negligently due to alcohol or drug consumption.
We often find someone tailing a truck or cutting off a larger vehicle. With limited visibility in a large truck, the accident may not be the truck driver’s fault.
Attorney Chip Nix will interview both drivers to determine who should be the defendant or liable party in your case.
Alabama Truck Accident Attorney
Attorney Chip Nix must determine the purpose of the at-fault driver’s trip. Was he performing a personal errand or on the job for his employer, such as delivery? If so, that employer may be identified as a defendant or at fault for the accident.
When preparing your truck accident injury case, we must prove that the truck driver had a duty to exercise reasonable care and that duty was breached, causing your injuries.
Mr. Nix has the experience to understand how to gather evidence at the scene and elsewhere to prepare a solid claim to obtain reasonable compensation for the damages you have suffered, including, but not limited to, medical costs, physical therapy, lost wages, pain and suffering, and your quality of life.
You have a limited time to file your truck accident injury claim under Alabama law. Attorney Chip Nix offers you a complimentary consultation about the strength of your case. All you have to do is begin the conversation by calling his Montgomery office at 334-203-6669.
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