What Must I Do to Prove my Truck Accident Case?
With more than 9,000 trucking companies in Alabama, our law firm sees a fair share of truck accident cases.
These are particularly dangerous for the car drivers and their passengers in that a big rig is several times larger than a passenger car. As a result, the injuries to the passenger car occupants are almost always more severe or fatal.
In 2014, that translated to 76 deaths in Alabama among those involved in crashes with large trucks, according to the Federal Motor Carrier Safety Administration (FMCSA).
With trucks making up 6 percent of registered vehicles on the road, they also make up 11 percent of national road deaths.
If you or a loved one has been involved in a truck accident which resulted in serious harm or death, you may be eligible to seek compensation for damages once we identify the at-fault party.
That is why an initial consultation with Chip Nix is so important. Together we will piece together the truck accident elements to determine who is at-fault and what compensation we can seek.
Proving Your Truck Accident Case
Trucking cases can be complicated for several reasons. First, evidence tends to disappear quickly after the accident.
The insurance adjuster is at the scene while your counsel is prevented
from the scene. There is evidence we must preserve such as the black box
recorder that tells us what the conditions were on the road and in the truck
just prior to the accident.
Additionally, there are a number of parties that might have contributed
to the accident such as the truck driver, the company he was driving for, the
company that loaded the truck, even the owner of the truck if that is not the
If there is a failure of the truck components, the manufacturer of the
truck might share in some liability. Any other third party involved in the
truck accident could also share the blame.
To add to the complication, each of these entities has an insurance
company that will be involved.
Here are the elements we look for:
Duty of Care – We all have a duty of care to act responsibly on our shared roadways. For example, the driver has a duty to drive cautiously and appropriately for the road conditions; he has a duty to be well rested; he shares a duty to have his truck in safe operating condition. The passenger car owner also has a similar duty to other drivers to drive safely, not cut someone off, not speed or tailgate, not be distracted, on drugs or alcohol.
Breach of Duty – It is important that we prove with the evidence that the at-fault party breached the duty he owed you to stay safe. This can be called negligence or a failure to act with the same care as others would who share the road.
Some examples of a breach of duty might include having truck tires in bad condition; hiring drivers with a poor driving record or who are not following the federal guidelines for rest; or carelessly loading a truck so it can easily become unbalanced under normal driving conditions.
Causation – When one party breaches his duty of care injuries and death can result.
The evidence may show the accident was avoidable if the at-fault party had
acted responsibly. It will be incumbent on us to prove that the breach caused
Truck Accident Damages
The final phase is the damage phase. Mr. Nix will have to show the court that the plaintiff suffered damages, both physical and financial, as a result of the truck accident.
Once we file your personal injury claim the investigative phase begins. We collect all the evidence to prove your case including the black box data recorder, any cell phone records, records on maintenance of the truck, the police report, crash scene photos, and tests on the driver. There should be records on how long the driver was on the road before the crash.
An Experienced Truck Accident Attorney for Difficult Times
As we are in the midst of the COVID-ID pandemic, many truck drivers are overworked trying to keep the stores supplied with essential goods that are selling quickly. And when an accident occurs, insurance companies have been using the slowdown in the court system to drag these claims out and try to force injury victims to settle for far less than they deserve. Now more than ever, you need strong legal counsel by your side advocating forcefully for your rights and interests.
The law offices of Chip Nix have been successfully guiding the injured or survivors of an Alabama Truck Accident through the process for four decades helping them receive compensation for pain and suffering, medical expenses, lost wages, and property damage.
Please do not hesitate to call our Montgomery Alabama office at 334-203-6669. There is no cost to you. Let us help explain the process and discuss your options for recovery during this difficult time.