Trucking accident claims are more complicated than garden-variety car wrecks. Additionally, they often result in more severe injuries. As such, hiring an Alabama truck injury lawyer who is familiar with DOT regulations and the trucking industry is an important consideration. This article examines the different claims that can be made against the truck driver and his company under Alabama law.
An injury claim against a tractor trailer driver or commercial truck company is unlike a standard claim against an at-fault auto driver. There are several different layers of claims and causes of action that may be brought under Alabama law:
a. Direct claim against the truck driver - This is the simplest and most direct way of obtaining compensation for your injuries. The trucker's insurance company will have to pay and defend the truck driver.
b. Claim against the trucker and his company - This is the most common and preferred method of obtaining injury compensation. It is based upon the doctrine of respondeat superior, which simply means that the trucking company is responsible f
or the actions of its employees. Additionally, in most semi-truck accidents, fault for the accident can usually be traced, to some degree, back to the employer (i.e. overloading, inadequate training, etc.).
c. Negligent entrustment claim against the company - This is usually based on the driver having a poor driving record or substantial accident history, rendering him incompetent as a driver.
d. Negligent supervision or training - This claim, as the name suggests, is based upon the truck company allowing inexperienced or improperly trained drivers to operate their truck.
In placing fault on the trucker for the accident, information contained in the accident report and the testimony of the witnesses is important, but there are many other factors that can impact the success of your claim. These include obtaining the driver's logbooks, weight tickets, pre-trip inspection checklist and his driving record. Generally, these items can only be obtained by official request after suit has been filed.
Finally, DOT regs are an important part of an attorney's arsenal in proving reckless or wanton conduct on the part of the truck driver. Be sure your truck accident attorney is well versed in both the regulations as well as the industry standards applicable to truck drivers.
