18 wheeler traffic accident - LawCall

It seems like there are more and more big rigs on the highway these days. In fact, the National Truckers’ Association is running ads to tell us just how important these huge trucks are in bringing us many of the goods we use daily. But they are dangerous, and the drivers can sometimes seem aggressive.

In some states, such as Tennessee, big rigs are restricted to one or two specific lanes, which helps the flow of traffic. In other states, big rigs rule the interstates and can seem like bullies. Either way, you don’t want to get into an accident with one. You’ll always lose if you play the road rage card with an 18-wheeler.

Because of their size, and the speed at which they travel, crashes involving big rigs are some of the most horrific things that can occur.

They are in a high-stakes industry and the consequences of a wreck involving an 18-wheeler are so serious the trucking companies pull out all the stops in trying to escape liability for what one of the drivers has done.

These types of cases are more difficult in the state of Alabama. Here, you have to prove not only that you were hit by an 18-wheeler, but that it was their fault, and entirely their fault.

Alabama is a contributory negligence state, which means if a jury finds that someone who is injured did anything unreasonable to contribute to the cause of their own injury, even 1-percent, they are barred from recovery.

Because it is sometimes a he said/she said situation, it can be very, very challenging to prove who was at fault in a crash.

And who is responsible – the driver or the trucking company? Of course, the driver is responsible, but if an employee does something they are not supposed to within the line and scope of their employment, and an injury results, the employer is also responsible.

If you have legal questions, please consult our Online Legal Directory to find an attorney in your area.

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