Semi (18-wheeler) truck accidents are different from other kinds of motor vehicle accidents. State and federal laws establish strict guidelines for the operation and maintenance of semi trucks that don’t apply to regular passenger vehicles. Semi truck owners are required to carry more extensive insurance coverage, the trucks are subject to a strictly controlled maintenance schedule, and drivers are required to track and limit their time on the road.
However, all these things are costly, and the large corporations that operate most semi trucks on the road are always looking for ways to increase their profit margin, and many of their cost-cutting techniques amount to negligence on their part that can increase the risks of severe injury accidents on the road.
Alabama Truck Accident Settlement Process and Timeline
You can begin to take steps toward building an injury case during the first 24 hours after your Mobile truck accident. If you are able, start collecting information about your accident, the truck driver, and the trucking company from the scene of the crash. The truck company’s insurer may contact you as soon as the day of the wreck. Do not give a recorded statement to the insurance agent who contacts you. Instead, politely say you are going to speak to a personal injury attorney before discussing your case. Then, call Long & Long Attorneys at Law.
With an experienced Mobile truck collision lawyer by your side, you could achieve a truck accident settlement within two months or less. The swiftness of your settlement can depend on the elements of your case, the evidence you have against the truck driver, the results of an investigation, the skill of your attorney, and your overall goals for the claim. If you want to settle quickly and avoid a trial, a lawyer could close your case within 30 days. If you would rather hold out for the highest possible settlement or jury verdict, however, your case could take months or over a year to end.
While you wait for the conclusion of your truck accident claim, your truck accident attorney can work around the clock to address issues such as medical bills, calls from creditors, communications from insurance companies, and legal fees. Our Mobile lawyers know how to fulfill all the needs of truck accident victims during the interim between initial claims filing and settlement completion. We can help you get the most out of your claim in as short a time as possible – all while addressing your day-to-day needs in the meantime.
Alabama Truck Accident FAQs
In our years of experience handling complex Alabama truck accident claims, we’ve learned a few common questions victims often have. It’s our mission to supply honest, reliable answers for families seeking information and advice about their cases. We welcome you to sign up for a free consultation at our Mobile office if you have questions concerning your recent truck accident. An injury lawyer can discuss your case with you for free. In the meantime, we hope the following frequently asked questions (FAQs) can help:
- How long do I have to file a truck accident claim in Alabama? You have two years from the date of your accident or discovery of injuries to file a personal injury claim in Alabama. If your claim involves property-damage only, you have six years.
- How much is my case worth? The value of your case will depend on the extent of your damages. Severe, catastrophic, and permanent injuries will generally garner higher settlements and verdicts than minor damages. See our past results for an idea of the outcomes our lawyers have been able to achieve.
- Can I negotiate a settlement on my own? It’s not mandatory to hire an accident attorney for truck accident settlement negotiations, but it’s in your best interests. Every Alabama trucking company will have a team of lawyers supporting it during the claims process. Hiring an injury lawyer is the best way to make sure the insurance company doesn’t take advantage of you.
- Should I accept an insurance settlement offer? Insurance companies do not offer maximum compensation in an initial settlement offer the vast majority of the time. Victims should turn down first offers and negotiate higher settlements, even if the company says it is the “final” or “best” offer. Don’t say yes until you’ve spoken to an attorney.
- I’ve been in an accident involving a large truck: What should I do? First, make sure that any injured individuals are receiving medical attention and notify law enforcement. Then, write down the insurance information, names, addresses, and phone numbers of everyone involved, including drivers, passengers, pedestrians, cyclists, and any witnesses. If you have a camera, take pictures of the accident. Contact your insurance company as soon as you are able, because any delays might hurt your case.
- Attorneys for the trucking company were at the scene very fast and asking me lots of questions, what should I do? Don’t answer any questions, and certainly don’t sign anything! Trucking companies commonly send their representatives to the scene, hoping to take advantage of victims who are dazed and disoriented by the accident. They want you to sign away your rights or make self-incriminating statements. Politely refuse to talk to any attorney or agent representing anyone but yourself, and contact an attorney who can speak for you as soon as possible.
- Oops! I made a statement and signed an accident report for the trucking company. Does that mean I don’t have a case? No. You may have damaged your case, but many judges and experienced attorneys can see through these tactics practiced by trucking companies. Only an experienced truck accident lawyer can tell you what options you have. If you did sign any forms or affidavits, make sure you have copies and get in touch with a lawyer right away.
- Should I go to the doctor after an accident, even if I don’t feel any pain? Yes. Some injuries, especially brain and/or spinal injuries, may not cause any immediate pain. You may also not feel any pain because of the effects of shock from the accident. A visit to your doctor will not only detect concealed injuries, but it also establishes a medical record in case one is needed for your case.
- I don’t think I can afford an attorney. What should I do? Contact an attorney that offers a free initial consultation. Also, make sure you work with a lawyer who charges on a contingency basis. That way, they don’t get paid unless you do, and your out-of-pocket expenses for the trial will be minimal or none.
- How concerned should I be if my lawyer doesn’t specialize in truck accident claims? Very. Lawyers who are experienced litigants in large-truck accidents know the numerous special state and federal laws that govern the trucking industry, and know the types of shortcuts trucking industries sometimes take, shortcuts that might have been responsible for your accident. They also have familiarity with the tactics trucking companies use to avoid taking responsibility for their mistakes. Finally, they know the types of claims that might be filed, and are aware of many strategic concerns, such as seeking the venue most likely to yield a victorious outcome.
One of the best things you can do for yourself after suffering injuries or losing a loved one in an Alabama trucking accident is to retain an experienced Mobile personal injury attorney. Our law firm genuinely cares about what happens to our clients. We’ll work hard day and night to make sure an insurance company doesn’t infringe upon your rights. If you have more questions or concerns about your case, call (251) 432-2277 today.
Common Truck Accident Injuries
At Long & Long, we’ve represented many clients with catastrophic injuries from truck accidents in Alabama. A “catastrophic” injury is one that causes long-term or permanent harm to the victim, such as a spinal cord injury, brain injury, or traumatic amputation. Truck accident injuries often lead to serious and life-threatening conditions because of the severe nature of these collisions. Some of the most common injuries are as follows:
- Lacerations and contusions. Impact from shards of glass, twisted metal, and asphalt can cause major lacerations or contusions (bruising) in truck accident victims. The most serious lacerations can cause permanent scarring and disfigurement.
- Bone fractures. Fractures can occur in any of the bones in the body in a trucking accident. Any bone that sustains too much pressure can crack or break, causing a painful and temporarily disabling injury. Fractures in the skull and spine can be fatal.
- Head and brain injuries. The head striking any component inside or outside of the vehicle in the trucking accident can cause a head and/or brain injury. Swelling or bleeding in the brain can cause long-term or permanent traumatic brain injury (TBI), disabling the victim.
- Spinal cord injuries. If the accident seriously injures the spinal cord, the victim may not have full function or sensation below the point of injury. Even a minor spine injury can cause temporary disability, slipped discs, whiplash, or chronic pain.
Our lawyers believe truck accident victims with all types of injuries deserve compensation. We can help you fight to recover the costs of your hospital bills, pain and suffering, and other injury-related damages after a crash with a big rig in Alabama. No matter how serious your injuries, we can get the best possible results for your case.
How Do Truck Accidents Differ from Car Accidents?
Work with an attorney who specializes in truck accidents specifically, not just car accidents. Truck accidents are entirely different from standard car accidents. Truck accidents involve federal motor carrier laws, trucking company liability, and separate state laws. Instead of the truck driver assuming liability for an at-fault crash, victims can almost always hold the trucking company vicariously liable for the collisions. This means victims will be going up against major trucking company insurers in pursuit of compensation. Truck accidents also differ from car accidents in their severity. Nine times out of 10, a truck accident will result in more serious injuries to survivors than car accidents. The size and weight of commercial vehicles makes a significant difference in the severity of damages. You need a lawyer with experience successfully resolving cases involving catastrophic injuries after a truck accident. Cases with permanent injuries, disabilities, loss of a limb, or wrongful death need lawyers with the skills to match.
Types of Truck Accidents
The size, weight, and build of a commercial trucking vehicle can result in certain types of accidents that don’t happen with standard motor vehicles. Lost load accidents, for example, involve a poorly secured load falling off the back of a commercial truck and causing an accident. The unique nature of many trucking accidents makes it important to hire a lawyer with specific, related experience. The following are types of crashes common to large trucks:
- Tire Blowout
- Wide Turn
- Blind Spot
- Rear-end collisions
- Lost load
The type of truck accident can often inform an investigation into who or what caused the wreck. A jackknife accident, for example, can point to improper braking technique on a slope or around a corner. A tire blowout might point to either a defective tire or lack of proper fleet maintenance by the trucking company. Our lawyers can help you determine liability and identify the type and cause of your Mobile truck accident. We aren’t afraid to go up against major state or national trucking companies on behalf of our clients.
Unrealistic Schedules Causing Trucking Accidents
Truck drivers are highly trained and experienced drivers who make their living by safely delivering their cargoes to their destinations.
They don’t make a fortune on any single delivery. They never want to risk an accident, because their living depends on being able to make another delivery tomorrow, next week, or the month after, and an accident or traffic violation can mean a suspended license, which means the end of work forever.
Trucking and shipping companies, however, factor accidents and violations into their actuarial tables. They are prepared to take a certain amount of losses into account in setting up their schedules, and since their math runs into the billions of dollars, they can write off any particular driver with a nimble flicker of their erasers, and the damage caused to your life is just collateral damage.
Unrealistic schedules cause accidents by:
- Keeping fatigued drivers on the road
- Forcing drivers to drive at unsafe speeds
- Overloading trucks to get more cargo to destination faster
- Encouraging mechanics to perform only cursory maintenance
- Rewarding companies that forge records to conceal practices
There are billions of dollars at stake in the balance between what trucking companies pay to keep their trucks on the road and how quickly they can get cargo delivered.
Drivers Forced to Accept Unrealistic Schedules
The trucking industry is, like all industries, very competitive. Companies insist on unrealistic delivery times because they know drivers need work, so even if one driver refuses, someone else will take the load.
Maybe one driver will be in a position to turn down a delivery with an unrealistic schedule, but others, especially drivers kept in a stable or pool by a large company, know they have to take the work to keep their job, or maybe they just have to take this job, today, to make a rent payment or get school clothes for their children.
Whatever the reason, the trucking company makes the rules of the road and drivers must comply. While government entities such as the Federal Motor Carrier Safety Administration (FMCSA), a division of the National Highway Transportation Safety Administration (NHTSA), seek to regulate the industry, industry lobbyists have again and again shown their power to shape the government’s guidelines, including limitations on how long drivers can be on the road, called Hours of Service (HOS) rules.
Tanker Truck Accidents
Tanker trucks transport precious fluids via the major arteries of the country. These trucks are manufactured to carry loads of many sizes and goods of all types, from the milk and grain to make a child’s breakfast to the benzene or liquid helium necessary for highly dangerous chemical manufacturing. They can be pressurized or non-pressurized, refrigerated or non-refrigerated, and are generally divided into several sub-tanks that distribute the load, prevent undue and dangerous sloshing, and allow for the simultaneous transport of several different types of fluid, such as unleaded, unleaded plus and premium unleaded.
Because over 70 percent of tanker trucks carry hazardous materials, this portion of the trucking is even more heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA) and the Environmental Protection Agency (EPA).
Types of Tanker Truck Accidents
Spills can often occur while filling a tanker truck. Whether through operator error, adverse wind or other weather conditions, or a collision during filling, it is not uncommon for spills to occur. Any spill of liquid is possibly dangerous from the standpoint of workplace safety, whether simply from the likelihood of a slip and fall accident, or if the spilled fluid is a toxic or flammable chemical, workers can suffer burns or inhalation injuries.
Rollover accidents are also common for tanker trucks. They most often occur when a driver fails to slow down adequately when exiting the highway, and the momentum of the liquid cargo carries the trailer over. Liquid cargoes can also cause rollovers by sloshing back and forth under normal driving conditions on curvy or bumpy roads.
According to FMCSA statistics, hazardous material cargoes are 50% more likely to spill than nonhazardous cargoes. Since many trucks carry flammable liquids, these spills can lead to fires and explosions. They can also release toxic fumes. Overall, rollover accidents are three times as likely to be harmful when a tanker truck is involved. And, since 71% of all accidents involving hazmat trucks occur on rural highways, this means that many people in rural communities who sought safety from the toxic cities are nonetheless in danger from these chemicals.
Tire Blow Outs
If you have been driving a car and had a severe tire blowout on the highway, you know how out-of-control it can make your vehicle. Once a blowout occurs on a semi truck, there may be nothing the 18-wheeler driver can do to prevent an accident. However, before the blowout, there may be many things that might have been done to keep the blowout from happening.
Tread separation is a common cause of blowouts. If the steel and rubber in a steel-belted radial tire are not properly bound together, they will separate, tearing the tire apart. Unfortunately, tread separation occurs mostly at high speeds and in hot weather, such as during the summer driving season.
The largest recall of tires for tread separation occurred in 2000, affecting tires used on SUVs, but other recalls have occurred, including tires for SUVs, RVs, and large passenger vans.
Rubber tires degrade over time under exposure to air and sun, even when not in use. Spare tires, often appearing fine but actually several years old, can fail unexpectedly. When tires are replaced due to wear, the spare is often skipped as a cost-saving measure, leading to spare tires much older than all other tires on the vehicle, which can blow out.
Because tires are not given a straightforward date stamp, but, rather, an age code unreadable to most drivers, a driver may not know how old the spare is when putting it on the vehicle. Or he or she may know, but because of the pressure of an unrealistic schedule, decides to use the spare at hand, rather than lose more time waiting for a replacement.
Sometimes vehicles are installed with tires that are entirely inappropriate for the weight, size, and speed of the vehicle. Under these conditions, a new tire can fail suddenly and unexpectedly.
The wrong tire may be put on simply out of negligence or ignorance of the mistake. Or it can be used as a cost-saving measure because it is cheaper. Or it can be used because it is on-hand and trying to procure the right tire can hurt the delivery schedule for the shipping company.
Underinflated & Overinflated Tires
Tires are also rated with a specific inflation pressure. Overinflation of tires, often a quick-and-dirty fix for an overloaded truck, can lead to a tire blowout from internal pressure. Underinflated tires will flex, putting extra pressure on the sidewalls of the tire, which can then have a catastrophic failure.
Truck Driver Fatigue
Truck driver fatigue is a factor in over 40% of all accidents involving tractor-trailer trucks. Although truck drivers are well-trained and very experienced drivers, when they are fatigued, they can lose judgment and make mistakes. Tractor-trailer trucks are much more difficult to drive than other vehicles because:
- They are wider, with less margin for safety in traffic lanes
- They turn wider than other vehicles, requiring more forethought before maneuvering
- They are heavier, requiring longer braking distances than other vehicles
- They have bigger blind spots than other vehicles
- Heavy loads, sometimes poorly distributed, can make them unpredictable
- Their large cross-section to the wind can make them vulnerable to sudden, strong gusts
All of these factors mean that in order to be safe truck drivers must have their full mental faculty with them at all times. They cannot do this if they are fatigued, distracted, or under the influence of drugs or alcohol.
Hours of Service
In 1937, the government, concerned with the rising volume of traffic on the roads and the resulting accidents and fatalities, set Hours of Service (HOS) rules for all drivers. This forced drivers to work on a 24-hour day, with 10 hours of driving and at least 8 hours of rest between stints of driving. However, since then lobbyists from the trucking company have successfully reduced this requirement to a 21-hour schedule, with up to 11 hours of driving and 10 hours of rest, continually cycling, meaning that drivers can now drive up to 88 hours in 8 days.
Sleep Deficit = Profit Surplus
Under the new rules governing HOS for commercial drivers, drivers are encouraged to constantly drive and sleep only when necessary. The benefit for the trucking companies is that their loads get delivered sooner, making them hundreds of millions of dollars more a year.
On the downside, this schedule encourages drivers to try and sleep at odd hours and under varying conditions of noise and light. Because people are generally unable to sleep on command, the arrhythmic pattern encouraged by these rules lead to great difficulty for truckers, who often build up a sleep deficit, a deficit that cannot be erased in the mere 34 hours (less than 1 ½ days!) of rest required between 70-hour work weeks. This sleep deficit leads to mistakes that lead to accidents. Furthermore, to try to counter sleepiness, many drivers turn to drugs or alcohol to either wake them up or make them sleep as necessary.
Truck Accidents Due to Inclement Weather
Nationwide, roughly 20 percent of 18-wheeler accidents are in some way caused by bad weather. Considering the many thousands of 18-wheeler accidents that occur annually, this is still a significant number.
Alabama is likely on the high end of the national average when it comes to weather-related truck accidents. This is because what we lack in average yearly snowfall, we more than compensate for with other extreme weather such as tornadoes, rainfall, hail, hurricanes, and wind. Alabama is one of the few places in the world that has two yearly tornado seasons, not to mention having the most annual thunderstorms of any state in the U.S.
The main problem lies in the demands and pressures of the truck driving industry keeping many truck drivers on the road during bad weather when they should not be. Many drivers continue driving through bad weather at speeds too high for conditions. Even if the driver is not directly involved with the accident itself, a speeding semi on a wet road can spray a significant amount of water onto other vehicles on the roadway, severely limiting their visibility and causing others to wreck.
Multiply this with the high rate of fatigue many truck drivers experience and it is accurate to say that 18-wheelers can be the most dangerous vehicles on the highway during a storm.
Problems with Current Federal Motor Carrier Safety Regulations
Truck drivers are required to reduce speed and exercise “extreme caution” when driving through hazardous weather conditions. If conditions make it so the vehicle cannot be operated safely at any speed, these same regulations require truck drivers to cease operation of the vehicle until the conditions pass.
The wording of these regulations is too vague to be effective. By the time many drivers determine what conditions are too hazardous, it is too late. All licensed truck drivers are book-trained on how to adjust to bad weather. However, no truck driver receives formal hands-on training on how to drive in hazardous conditions.
What To Do If You’re Injured in a Truck Accident
To ensure these dangerous practices remain profitable, the large corporations that operate 18-wheelers and their insurance companies employ teams of expensive attorneys who work hard to limit the company’s losses by limiting your compensation. To get even a fair shake when you’ve been injured, you need someone just as experienced to represent your interests.
If you or a loved one has been injured in an accident with a semi truck, contact us to get some guidance on how to respond to the trucking company’s representatives.
Overloaded trucks are a menace on the road. When a truck is overloaded, every component of the machine is stressed. From the engine to the brakes to the suspension to the tires, every component of an overloaded truck is susceptible to catastrophic failure. Also, an overloaded truck cannot maneuver the way it is meant to, leading to accidents when turning, stopping, or starting.
Truck Weight Regulations
Trucking laws restrict the amount of weight a commercial truck may carry and how heavy the vehicle can be. In general, this is limited to 20,000 pounds per axle, or 34,000 pounds per pair of tandem axles, and 80,000 pounds total. The load is supposed to be evenly distributed throughout the length of the trailer, and a driver is responsible for ensuring this, although due to the unrealistic schedules imposed by shipping companies, they may perform only a cursory inspection or allow improper loading procedures to keep on time.
States are allowed to restrict the movement of large trucks on roads other than national highways, and they are also allowed to deny the movement of trucks over certain bridges if they submit the rationale to the federal government.
If you’ve ever been on an interstate, you’ve seen the weigh stations set up along the highway, at state lines and at random intervals where commercial vehicles are weighed and inspected. Ideally, these weigh stations protect against overloaded trucks and illegal or falsely reported cargo. They will also check the driver’s log to make sure of compliance with Hours of Service laws that keep drivers from becoming so fatigued that they cause accidents.
However, these weigh stations are often ineffective because:
- Some states simply issue a ticket before allowing an overweight truck to return to the road
- States often casually issue overweight truck permits
- Log books can be forged
- Weigh stations are often closed or unmanned
Because of this lax enforcement, many overloaded trucks drive on the road despite federal regulations.
Dangers of Overloaded Trucks
Overloaded trucks can cause accidents in many ways:
- Too much weight can lead to tire blowout accidents
- Overloaded trucks slow dramatically when climbing hills causing danger to following vehicles on blind corners
- Going downhill, on the other hand, overloaded trucks can go too fast and get out of control
- More weight means longer stopping distance and slower stopping in response to traffic
- More weight means increased stress on brakes and greater likelihood of failure
- Overloading raises the center of gravity on trucks, making them more likely to tip when steering or during wind gusts
- Overloading shifts the center of gravity back away from the steering wheels, impairing steering
- Overweight trucks can lead to the premature collapse of bridges, such as the I-35 bridge in Minnesota
Despite all these dangers, an explicit or implicit conspiracy exists between trucking companies, drivers, loaders, and the government to keep overloaded trucks on the road and will continue to exist until all those responsible are made to pay for their actions.