Accidents involving delivery trucks, work vans, or heavy-duty pickups can raise complex legal questions. The laws governing these vehicles – commonly known as commercial trucks or commercial vehicles – can also impact many aspects of your Alabama truck accident claim.
This article discusses the legal issues presented by commercial truck accidents. It answers several questions including how Alabama defines commercial trucks, which vehicles fit the definition, and how the truck’s commercial status might affect your Alabama personal injury claim.
What Is Classed as a Commercial Vehicle in Alabama?
In Alabama, a vehicle that meets any one of the following criteria is considered a commercial truck:
- The vehicle has a gross weight rating of more than 10,000 pounds. (This rating is the maximum weight that the fully loaded vehicle can carry, including the vehicle itself, passengers, cargo, and fuel.
- The vehicle was designed to transport more than 15 passengers, including the driver, regardless of weight.
- The vehicle is used to transport hazardous materials that require U.S. Department of Transportation placards
Some common vehicles that may be considered commercial trucks include:
- Delivery trucks (box trucks) and vans,
- Plumber or electrician vans carrying tools and materials,
- Landscaping trucks with trailers,
- Heavy-duty pickups used on construction sites,
- Flatbeds and dump trucks, and
- Refrigerated trucks.
Note that semi-trucks (also called tractor-trailers or 18-wheelers) are a specific type of commercial truck. However, this article will focus on smaller commercial vehicles such as work vans, delivery trucks, and heavy-duty pickups.
How a Commercial Vehicle Might Affect Your Alabama Personal Injury Claim
After a car accident, the injured person (the plaintiff) can file a lawsuit against the person who harmed them (the defendant). To win this lawsuit, the plaintiff will have to prove that the defendant was negligent. Negligence is a legal term for someone who is careless. To prove negligence, you will have to show that you were injured. Then, you must show that the defendant (1) had a duty to behave in a certain way or take a particular action, (2) did not honor that duty, and (3) the defendant’s failure to honor their duty caused your injuries.
If you can show negligence, you will be entitled to damages. Damages are money awarded to injured people to compensate them for their accident injuries. Damages commonly cover financial costs such as medical bills and lost wages. They can also address non-economic factors such as pain and suffering.
The involvement of a commercial vehicle can affect your Alabama accident claim in several ways. Here are a few:
Proving Negligence
To prove negligence, you’ll have to prove that the defendant ignored a duty. Most duties are specified in laws and regulations. In addition to having a duty to follow the rules that all drivers must (such as obeying speed limits and traffic signals), commercial drivers must also comply with Alabama and federal laws that govern their actions. These safety laws govern issues such as
- Commercial driver qualifications,
- When drivers must get breaks for rest or sleep,
- Protocols for testing drivers for drugs and alcohol,
- When commercial vehicles must be inspected, taken in for maintenance, or repaired, and
- Which records commercial drivers and their employers must keep and for how long.
Because commercial drivers have more duties, there are more opportunities to argue that they ignored one of their responsibilities.
The Number of Defendants Increases
Most accidents involve two vehicles and two drivers. But when a commercial truck is involved, many people and companies might be responsible. The possibilities include:
- The driver: Speeding, driving while distracted, and ignoring rest requirements can lead to accidents.
- The driver’s employer: The employer might have pushed the driver to ignore rest requirements or disregard scheduled maintenance timelines. Additionally, in Alabama, the business owner could be responsible for hiring unqualified drivers, retaining poor drivers, or failing to properly supervise their drivers.
- A maintenance company: The repair company could be responsible if poor work led to the crash.
- A vehicle or parts manufacturer: If the crash was caused by a mechanical failure, these parties could be responsible.
- The cargo loader: Commercial vehicles often carry heavy loads. If the company that loaded the truck didn’t follow proper procedures, the load could shift. Rollovers, jackknifes, and other collisions may occur as a result.
While multiple responsible parties can make your case more complicated for your Birmingham injury attorney, it can also create more sources of compensation.
Contributory Negligence
Alabama follows a strict rule called contributory negligence. This means if a plaintiff is even one percent responsible for causing the accident, they lose their right to compensation.Commercial trucks create additional ways for insurance companies and others to argue that you were negligent. Proof that you ignored a truck’s “wide right turn” sign or drove in a truck’s blind spot are examples. While the contributory negligence rule is harsh, an experienced Alabama injury lawyer can help.
Get Help with Your Commercial Vehicle Accident Injury Claim
If you need legal representation after a commercial truck accident, contact Collins Law, LLC. Collins Law’s founder, April H. Collins, has been named as one of Birmingham’s 10 Best Personal Injury Attorneys. Our entire team is dedicated to getting the best possible result for each client – no matter what it takes. To learn more about what Collins Law can do for you, call us today at 205-588-1411 or use our website’s online scheduling tool to schedule a free consultation.
