Mobile Personal Injury Lawyers Helping People Harmed in Trucking Accidents
Many companies use commercial trucks to transport goods in and around Mobile and other cities in Alabama. While commercial trucks allow businesses to move products cost-effectively and efficiently, they create risks for other people on the road, and unfortunately, when they are involved in collisions, the consequences are often catastrophic. While numerous factors can lead to crashes, some types of commercial trucking accidents are more common than others. If you or a loved one were injured in a crash involving a tractor-trailer, it is advisable to speak with a lawyer to discuss the circumstances surrounding your accident and your potential claims. The Mobile trucking accident lawyers of Tobias & Comer Law, LLC are mindful of the devastation that common commercial truck collisions often cause, and if we represent you, we will fight to help you seek justice for your losses.
Common Commercial Truck Accidents
To prevent truck accidents, the Federal Motor Carrier Safety Administration (FMCSA) created regulations imposing requirements on truck drivers and trucking companies to help. The FMCSA Regulations limit the number of hours drivers can operate a truck per day and per week, set weight restrictions, mandate driver qualifications, require pre-trip and post-trip inspections, and demand truck maintenance. When truck drivers and trucking companies fail to abide by the regulations, collisions often occur.
For example, the immense size and weight of tractor-trailers can make them difficult to maneuver or stop, especially when they are driven recklessly or at high rates of speed. As such, commercial truck accidents caused by speeding and careless driving are common. Commercial trucks are often top-heavy as well, especially if they are loaded improperly; therefore, overweight and overloaded truck accidents occur frequently. Fatigued driver collisions also happen regularly, as drivers will often drive for several hours without stopping in order to increase their earnings. Additionally, blind spot collisions are common and usually happen when a truck driver fails to check one of the many blind spots on a commercial truck.
Establishing Liability for Common Commercial Truck Accidents
Regardless of the precise circumstances that led to a commercial truck collision, the underlying cause is usually negligence. As such, to prove liability for most common commercial truck accidents, the plaintiff will typically have to prove the defendant’s negligence to establish liability.
To demonstrate negligence under Alabama law, a plaintiff must demonstrate that the defendant owed the plaintiff a duty. The duty owed is frequently based on the reasonable person standard, meaning how an ordinary, reasonable person would have acted under comparable circumstances. In some cases, though, the duty may arise out of a statute or regulation, such as the FMCSA Regulations, that was designed to protect people from harm. The plaintiff must also prove that the defendant breached the duty owed. After establishing a breach, the plaintiff has to demonstrate that the breach caused the collision and, ultimately, the plaintiff’s harm. If the driver was working for a trucking company at the time of the accident, the injured party might be able to pursue claims against both the truck driver and their employer.
A plaintiff that successfully establishes liability for a truck accident may be awarded compensation for the cost of any medical care they needed following the collision or will need in the future, lost wages, and out-of-pocket expenses. They may also be granted compensation for the mental and emotional trauma and physical pain they endured due to the crash.
Talk to an Experienced Mobile Attorney Today
If you or a loved one were injured in a trucking accident, it’s crucial to retain a lawyer to help you seek compensation from the responsible parties. At Tobias & Comer Law, LLC, our skilled Mobile commercial truck accident attorneys possess the knowledge and resources necessary to craft compelling arguments on your behalf to help you strive for a favorable outcome. We have an office in Mobile, and we frequently represent parties in personal injury cases in Mobile and throughout Alabama. You can contact us through our form online or at (251) 432-5001 to set up a conference.