Truck Accidents can cause devastating damages, serious injuries, and sometimes even death. If you were hurt in a truck accident, you could hold the defendant responsible and seek compensation.
Lawsuits can be a challenging and potentially emotional time, but an experienced Athens truck accident lawyer could help you through the case. A skilled attorney could collect evidence and help you prove your case. En español
What To Expect in Truck Accident Litigation
Lawsuits for truck accidents are brought in civil court. Under the Alabama Code §6-2-38, the plaintiff must bring their lawsuit within two years of the accident. The court will refuse to hear any case brought after two years, thus eliminating the plaintiff’s chance of recovery.
The Discovery Phase
After the plaintiff files the lawsuit, the two sides begin exchanging information. The defendant will request information about the accident, the plaintiff’s injuries, and their medical records. Therefore, the plaintiff should save all medical records from the beginning of treatment.
Next is a deposition; where the plaintiff will answer questions from the defense attorney about the accident, the injuries they sustained, and their medical treatment. Plaintiff’s attorney will also be present to prevent the defense attorney from asking inappropriate questions.
Pre-Trial and Trial Phase
The two sides will begin working towards a settlement once discovery is complete. The plaintiff has complete control over whether to accept or deny any offer made by the defendant. An Athens Alabama attorney could help the plaintiff reach a fair settlement in a truck accident case.
If a both sides fail to settle, they may proceed to trial or elect to try mediation. We do NOT recommend arbitration. A neutral third party listens to both sides’ positions during mediation and works towards a fair settlement. In an arbitration, the third party (but not a judge) delivers a binding decision on the damages awarded to the plaintiff.
Who Could Be Held Liable for a Truck Accident?
The plaintiff should almost always sue the truck driver. However, if the truck driver was driving the truck as part of their work, the employer could also be liable. For help determining who to sue for a truck accident, the plaintiff should call an Athens Alabama attorney.
What is Employer Liability?
An employer is liable for the actions of their employees performed within the scope of employment. A truck driver is within the scope of their employment when they perform duties reasonably related to their job. A truck driver is not within the scope of their employment when they perform a task for their personal life or act in a manner not within the role of a truck driver.
The employer may also be liable for the negligent hiring of the truck driver. If the employer failed to conduct a background check or knew of risks when they hired the driver, the employer is liable.
Call an Athens Alabama Truck Accident Attorney Right Away
If you were injured in a truck accident because of another’s negligent or reckless actions, you deserve compensation. With the help of an experienced lawyer, you can hold the defendant accountable. We are ready to help. Schedule a consultation with an Athens Alabama truck accident lawyer and get started on your case.