Specialty Areas

Proving Negligence in a Phenix City Truck Accident

Your attorney must understand the unique aspects behind the vehicles and the industry

Proving negligence in any accidental injury lawsuit is critical.  But when a large commercial vehicle is involved, many complicating factors must be considered to unravel the true causes—and all parties who are at fault.  A truck accident attorney must have a wide range of specific knowledge and experience to prove fault for a Phenix City truck accident.

Identifying all responsible parties

Under the Alabama joint and several liability rule, an injury victim may pursue full compensation from one liable party, even if many parties shared responsibility for the accident.  But your attorney must still be able to prove precisely what caused the accident to present an effective case before a jury.  The following are some of the parties who can potentially share responsibility for any truck accident:

  • The driver.  The truck driver may be negligent due to distracted driving behaviors, speeding, drowsiness, lack of training or experience, or for a host of other reasons.  But not all of these reasons point to driver actions as the sole cause for an accident.
  • Those responsible for preparing the truck.  Every run should begin with a thorough vehicle inspection, followed by loading cargo.  Failure to notice flaws in the brakes or tires can send a truck careening out of control.  An unbalanced load can shift, causing a jackknife or rollover accident.  These are just two examples of situations that cannot always be resolved by even the most experienced drivers.
  • Management personnel setting the rules for the run.  In spite of strict local and federal regulations, trucking company management may be pressured into satisfying the needs of their customers by making ill-advised decisions.  They may send new drivers on the road before they are ready to go solo, or they may set deadlines for experienced drivers that can only be met by skirting the rest requirements imposed by law.

For every Phenix City truck accident, a law firm must understand precisely how trucking companies operate and be well-versed in all state and federal trucking laws.  Only with this detailed understanding can investigators address all issues that can potentially cause an accident.  And without clear proof, even a lawsuit against one responsible party may not have the outcome needed by victims to recover from all costs associated with their injuries.

For a free initial consultation about your Phenix City truck accident, contact an experienced law firm

When you need sound legal counsel from experienced trial attorneys regarding a truck accident or any personal injury caused by the negligence of another party, contact Whittelsey, Whittelsey & Poole to arrange a consultation.