Can I Sue a Trucking Company After a Truck Accident?

Have you suffered injuries in a truck accident in Alabama? If so, you may have the option of filing a lawsuit against the trucking company to seek compensation for medical bills, vehicle damage, pain and suffering, and other losses.

Many accident victims assume that only the individual driver would be responsible for compensating the injured party for damages, but this isn’t always true. Trucking companies bear responsibility for drivers while they’re working. If one of their drivers causes an accident, that company could be held accountable and required to pay damages.

If you file a lawsuit against only the individual driver, you might not be able to recover sufficient compensation for your bills. It’s possible that the truck driver lacks the financial means to reimburse your medical bills, lost wages, and other losses.

Trucking companies often try to distance themselves from the accident and any resulting liability. For example, they may label their drivers as “independent contractors” when they are in fact employees. A skilled truck accident attorney who understands the federal and state trucking laws can uncover the truth and pursue compensation from all available sources – including the trucking company and its insurance coverage.

The Trucking Company’s Liability for a Crash

There are several situations in which a trucking company may be held liable for an accident.

The following are several common scenarios in which a commercial trucking company can be held responsible for your accident:

• Vicarious liability – Under the law, employers are typically liable for accidents caused by employees on the job. If it can be shown that the at-fault driver was in fact an employee of the trucking company, the trucking company and its insurer may be on the hook for damages caused by the driver.
• Failure to properly maintain the truck — State and federal laws have strict regulations governing when and how trucking companies maintain their vehicles. Failure to properly maintain a truck can have disastrous consequences, such as brake failure, steering problems, and tire malfunctions.
• Poor hiring and training practices — Trucking companies have a legal responsibility to ensure their drivers can safely perform their job. If a company knowingly hired an unqualified driver or failed to properly train a driver, you could hold them liable for your accident.
• Falsified driving logs — Driver fatigue plays a major role in many truck accidents. Trucking companies sometimes knowingly permit falsified driving logs in order to increase the distance employees can travel in a given time. If a driver was in an accident when they should not have been driving, you might be able to hold the company liable.

What If They Called the Driver an ‘Independent Contractor’?

Truck drivers can be classified as an employee of a commercial trucking company or as an independent contractor. In general, a driver is an employee if the company controls how often and when they work. Employees may have benefits and work full-time. Independent contractors usually work for several different companies and may only work a few hours a week for each company. The company doesn’t control their work, and they are free to accept or reject tasks from the company.

Trucking companies are not automatically liable for accidents caused by independent contractors. However, the lines between employee and independent contractor can sometimes be blurry. Trucking companies may falsely claim an employee was an independent contractor in order to avoid liability. If this is happening in your situation, call an experienced truck accident attorney today.

Suing Both the Driver and the Company

Some accidents may warrant lawsuits against both the driver and the company. Two parties can share liability in personal injury cases. For example, it’s possible that both poor maintenance and reckless driving contributed to your accident, in which case you could hold both parties liable.

Contact a Truck Accident Lawyer

Truck accidents involve complicated legal issues and require assistance from an experienced truck accident attorney. The skilled lawyers at Stokes Stemle, LLC are ready to help you with your case. Call us today or reach out online for your free consultation.

The post Can I Sue a Trucking Company After a Truck Accident? appeared first on .

from https://stokesstemle.com/blog/suing-a-trucking-company/
via https://stokesstemle.com

Can Traffic Cameras Be Used Against You?

Running red lights is one of the top causes of accidents, accounting for thousands of deaths and tens of thousands of injuries each year in the U.S. Because this is such a serious problem, cities across the country have started to add more and more traffic cameras to promote safety and reduce accidents at intersections.

If you’ve been involved in a collision at an intersection, you might be wondering whether traffic camera footage can be used against you in a personal injury case, or if this footage may be useful to your claim. While violators caught on camera will often receive a ticket for the infraction, it is possible that more severe consequences could come if you’re involved in a crash.

What Is the Purpose of Traffic Cameras?

Red light cameras and speed cameras are intended to help law enforcement monitor traffic and deter violations by recording video footage of activity around red lights and speed-restricted areas, respectively.

Q: How do traffic cameras work?

A: Most of the time, red-light cameras are only triggered when violators run red lights at monitored intersections. Speed cameras are only activated when drivers cruise past them while exceeding the legal speed limit. However, mistakes sometimes happen.

Q: Are Traffic Cameras Legal?

A: Not everywhere in the United States, but law enforcement agencies are permitted to operate both speed cameras and red light cameras in most locations throughout Alabama.

How Are Traffic Cameras Used Against You?

If you’ve received a traffic camera violation ticket, you’re probably expecting some kind of a fine, but how else could traffic cameras be used against you?

Q: Do you have to pay for traffic camera tickets?

A: Generally speaking, yes. Traffic camera tickets are enforceable throughout Alabama, so unless you win a successful challenge to your ticket, you will have to pay the given fee.

Q: How much could my ticket cost?

A: This depends on your particular jurisdiction and the nature of your violation, but could be as much as $110 after administrative fees.

Traffic Camera Video in a Car Crash Case

So, what happens if you’re in an accident involving a traffic violation that was recorded by a red light camera or speed camera? Again, the answer depends on your jurisdiction and the specific types of traffic light cams they use.

Some cameras just capture still images of license plates or seconds-long video of the events surrounding a traffic violation. Others give law enforcement agencies access to 24/7 footage and recordings of all activity.

Both types of recordings could be useful in your car crash case but may be challenging to obtain. An experienced Montgomery auto accident lawyer can help.

Disputing a Traffic Camera Ticket

If you believe you have received a traffic camera ticket in error, you may feel unsure of what to do. It’s common to feel pressured to pay your fine to avoid trouble, but you do have the option to dispute your ticket.

With the help of a dedicated attorney, you may be able to fight back by demonstrating that:

• You were not driving the vehicle in question when the traffic violation occurred.

• The flagged behavior was not a traffic violation, only mistakenly labeled as such by automated systems or human reviewers.
• The traffic cameras were not adequately marked or otherwise used properly.

Contact a Car Accident Lawyer Today

If you were involved in an accident at an intersection that may have been recorded by a traffic camera, contact the Alabama car accident lawyers at Stokes Stemle, LLC today. We provide free consultations to discuss your accident, and we’ll collect no fees unless we win compensation for you.

Call us now or contact us online to learn more.

The post Can Traffic Cameras Be Used Against You? appeared first on .

from https://stokesstemle.com/blog/traffic-cameras/
via https://stokesstemle.com