Why You Should Hire a Truck Accident Lawyer After a Truck Accident

According to the Alabama Department of Transportation, thousands of Alabama residents are injured and dozens are killed every year as a result of large truck accidents. Many truck accident victims are forced to deal with devastating and debilitating injuries, unexpected medical expenses, damaged vehicles, and other serious consequences after a truck accident.

Just because accidents happen frequently doesn’t mean that they are unavoidable. If a truck driver, trucking company, or another entity’s negligence cause a crash that harms others, they can and should be held accountable. An experienced truck accident lawyer like those at Stokes Stemle, LLC know this, and we are ready stand up for you. We will demand justice by filing a claim against the responsible parties and pursuing maximum compensation for your injuries.

Give us a call or contact us online to learn more about how an experienced truck accident injury attorney can help you.

Trucking Insurance Policies Are Different

In a typical car accident case involving two passenger vehicles, the injured party will often seek a fair settlement from the at-fault party’s insurance provider.

If you’ve been injured in a crash involving a commercial vehicle, however, multiple liable parties and insurance policies may come into play.

The company that hired the truck driver will likely have liability insurance. The truck driver may have their own insurance policy as well. Many commercial vehicles are covered by vehicle-specific insurance policies, and the cargo they haul may be insured, too.

Filing a claim with one insurance provider can be complicated enough, but dealing with multiple insurance companies at once can be challenging if you are not familiar with the process. The insurance adjusters’ role is to protect their company’s bottom line. They may do this by minimizing your claim or denying you compensation entirely. Without the help of a truck injury lawyer, you may be stuck in a bureaucratic nightmare with mountains of paperwork from multiple claims. This can be extremely frustrating when you are trying to recover from your truck accident injuries.

Commercial truck insurance policies also tend to have higher policy limits to cover the devastating damage and severe injuries that often occur when trucks are involved in accidents. Insurers have even more incentive to minimize or deny claims when large payouts are potentially involved. This is not a battle you want to fight on your own. A lawyer with extensive experience handling truck accident claims will have the knowledge, skills, and resources necessary to prove your claims.

Truck Accidents Usually Cause More Damage

When a large commercial truck collides with a passenger vehicle, the resulting injuries and property damage can be devastating. While the truck driver may walk away from the crash unscathed, all-too-often, the occupants in the smaller vehicle suffer severe, catastrophic, or fatal injuries.

Unfortunately, the truck driver, trucking company, and their insurers may fight back against your injury claim. They may deny causing the accident, delay dealing with your claim, or might even try to blame you for the crash to avoid paying what you’re owed.

With so much on the line, it’s vital to hire a dedicated truck accident attorney to represent you and your interests. These entities will have truck driver accident lawyers on their side who do nothing but defend against liability claims, so you should have qualified counsel looking out for your interests and fighting for you.

Multiple Parties May Share Liability for Truck Accidents

Some truck accidents involve truck drivers who are owner-operators, meaning they are self-employed drivers who own their own trucks. If an owner-operator causes a truck accident, they alone are most likely liable for accident-related damages.

However, many drivers work for companies that own multiple vehicles or even large fleets of trucks. There are also other entities like third-party maintenance companies, cargo loading companies, and even the company that owns the cargo that could bear responsibility after a crash.

Proving fault in any accident claim can be challenging but identifying all liable parties after a truck accident will usually require the help of a skilled truck accident lawyer.

A Truck Accident Lawyer Can Develop an Appropriate Legal Strategy

A knowledgeable truck accident attorney will be familiar with the unique challenges these cases present and will develop appropriate legal strategies to increase your case’s chance of success.

When you hire Stokes Stemle, LLC to represent you, we can establish a strong legal strategy to give you your best chance at success by:

• Gathering evidence of liability from accident reports, driver logbooks, electronic GPS, cell phone records, trucking company maintenance records, witness statements, and background investigations
• Estimating the value of a fair truck accident settlement by accounting for all of your accident-related losses, including your physical and mental pain and suffering
• Working with medical professionals to evaluate your injuries and estimate the cost of future treatment
• Communicating with insurance providers on your behalf and handling settlement negotiations from start to finish

Contact a Truck Accident Lawyer Today

If you’ve been hurt in a collision with an 18-wheeler, don’t trust your injury claim to just any lawyer. These cases often involve severe injuries, multiple liable parties, and entities who will fight aggressively to protect their bottom line. You deserve the maximum compensation possible for your claim to ensure that you can pick up the pieces and move on with your life. With an experienced truck accident attorney on your side, you can rest easier knowing that your case is in good hands.

Turn to the team at Stokes Stemle, LLC, and let us get you the compensation you deserve. Call us or reach out to us online for a free case evaluation today.

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How Common Are DUI Accidents in Alabama?

Despite decades of public awareness campaigns, law enforcement crackdowns, enactment of tough DUI laws, and other efforts, drunk driving accidents remain far too common in Alabama and across the country.

If you have been injured because of someone else’s foolish decision to drink and drive, you may be entitled to compensation for your losses. Contact the law firm of Stokes Stemle, LLC, now for a free claim review.

Alabama DUI Car Accident Laws

According to Alabama’s drunk driving laws, a driver is considered legally intoxicated if:

• Non-commercial drivers aged 21 or older have a blood alcohol content (BAC) of 0.08 grams of alcohol or more per deciliter of blood (g/dL).
• Non-commercial drivers under the age of 21 are legally drunk if they have a BAC of 0.02 g/dL or more.
• Commercial drivers are legally drunk if they have a BAC of 0.04 g/dL or more.
• Drivers operating school buses or daycare vehicles are considered legally drunk if their BAC is 0.02 g/dL or more.

Drivers who are found guilty of driving under the influence are subject to harsh penalties, including possible fines, license suspensions, and even jail time. Additionally, there are enhanced penalties for motorists who drive drunk while children under 14 are in their vehicles and for drunk drivers with a BAC of 0.15 or more.

Drunk Driving Accident Statistics in Alabama

The following facts and statistics demonstrate the nature and severity of the drunk driving problem in Alabama. According to research from the Alabama Department of Transportation and reporting by Montgomery’s WSFA News:

• 210 people were killed in 5,524 vehicle accidents involving suspected drug or alcohol impairment in one recent year.
• Alabama car crashes involving drivers under the influence were 7.62 times more likely to result in fatalities.
• Alabama men were more than 2.75 times more likely than women to cause impaired driving accidents.
• The majority of impaired driving crashes occurred between 6 p.m. and 6 a.m., and more than 42 percent occurred on weekend days.
• Alabama’s rate of impaired driving deaths per 100,000 people was 5.5, the fifth-highest among all states.

What to Do If You Are Involved in an Accident with a Drunk Driver

If you are involved in an accident with a suspected drunk driver, you should take the following steps to protect your legal rights and your ability to pursue compensation for your injuries:

• Exchange insurance and contact information with the other driver, if possible.
• Request contact information and statements from any available eyewitnesses.
• Take photographs of the accident scene, including any vehicle damage or visible injuries caused by the crash.
• Seek immediate medical attention, and follow through on any treatment plans prescribed by your doctor.
• Keep a record of any medical bills, repair invoices, or other incidental expenses you incur as a result of the accident.
• Avoid discussing the details of your accident with others or posting about it on social media.
• Keep track of your pain and suffering in a daily pain journal, which can be used to illustrate the impact of the injury on your life.
• Contact an experienced Alabama DUI accident attorney.

Get Help from an Alabama DUI Accident Lawyer

The dedicated lawyers of Stokes Stemle, LLC, have a deep knowledge of Alabama law and years of experience representing the interests of people injured in drunk driving accidents. We fight aggressively for DUI accident victims and seek to maximize their compensation and hold drunk drivers accountable.

Contact us now for a free case review to speak directly with our compassionate personal injury attorneys.

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What to Do After a Motorcycle Accident

If you’ve been involved in a motorcycle accident, you may be shocked, disoriented, and concerned about what you should do next. This is a natural reaction, and that’s why the motorcycle accident lawyers at Stokes Stemle, LLC put together this step-by-step guide to help you navigate the hours, days, and weeks ahead.

1. Call 911

   The first step after any motorcycle accident is to alert the authorities about what happened. You may have serious injuries, and you shouldn’t move unless absolutely necessary. Calling 911 will bring emergency medical personnel to the scene, as well as alerting police so they can begin a crash investigation.

2. Do Not Remove Your Helmet or Gear

   Head injuries and spinal cord injuries are some of the most common and devastating injuries that result from motorcycle accidents. Even if you don’t feel like you have a head injury, your helmet may be protecting you from further harm. Your best bet is to keep your helmet and other protective gear on until emergency medical personnel arrive at the scene.

3. Seek Medical Attention

   If you aren’t immediately taken to a hospital after the crash, make sure to see a doctor as soon as you can. Though you may not have obvious external injuries, it’s possible you have internal injuries that need to be treated as soon as possible to maximize your chances of a full recovery. Make sure to get a thorough evaluation so that all your injuries can be diagnosed, documented, and treated.

4. Gather Evidence

   If possible, take pictures of the crash scene while you’re waiting for emergency medical personnel to arrive. Include pictures of your injuries, the damage to your motorcycle and the vehicle that hit you, nearby traffic signs, and any hazardous conditions that may have contributed to the crash. If there are any witnesses, make sure to get their contact information.

5. Alert Your Insurance Company

   You should let your insurance company know about the accident as soon as you can, but your first priority is to get medical treatment. Once you’ve been taken to a hospital or seen a doctor, call your insurance company to report the incident. Give them the basic details about the crash – where, when, what happened, who was involved. Stick to the basic facts, and don’t agree to being recorded.

6. Follow All Medical Advice

   Make sure to follow all the advice you’re given and stick to the prescribed terms of your treatment regimen. If you have any concerns about the treatment you’re receiving, talk to your doctor before taking any action. Failure to follow doctor’s orders not only puts your health at risk, but it can also jeopardize your insurance claim.

7. Keep a Journal About Your Recovery

   Seeking full compensation for non-monetary losses like your pain and suffering is difficult without some sort of documentation. A journal can help illustrate how your recovery is progressing, as well as how the pain is impacting your quality of life. The more details you provide, the stronger the case you can make to the insurer or in court.

8. Don’t Post on Social Media

   Never assume that anything you post on social media is private. Insurance companies and opposing lawyers will find a way to see your posts and try to use your pictures and statements against you. Twisting your words and taking things out of context are a tried-and-true tactics to try to shift fault for a motorcycle accident.

Contact an Experienced Motorcycle Accident Lawyer

Working with a motorcycle accident attorney can provide your best chance at getting fair compensation for your injuries. Call the motorcycle accident lawyers at Stokes Stemle, LLC today or visit our contact page for a free initial consultation.

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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.

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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.

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How Are Wrongful Death Settlements Paid Out?

The loss of a loved one is devastating for surviving family members. Sometimes, the suffering and grief can prevent them from taking action against the individual or party responsible for their loved one’s death.

In these situations, it is best to contact an experienced wrongful death attorney to help you get the answers, compensation, and justice that you and your family deserve.

There are specific laws that govern how wrongful death actions can be made, and how settlements will be paid out. Read more below to learn about your rights if you need to file a wrongful death claim in Alabama.

Who Receives Payment in a Wrongful Death Settlement?

In Alabama, the surviving family members are not entitled to pursue a wrongful death claim individually. Instead, a personal representative of the estate initiates a claim.

If the deceased person left a will, he or she may have designated a relative or trusted friend to serve as the personal representative of the estate. If the individual died without a will, a family member such as a spouse or adult son or daughter may petition the Alabama probate court to be appointed as personal representative of the estate.

The personal representative initiates the wrongful death claim, but this doesn’t necessarily mean that he or she will receive the settlement money. Any settlement will be distributed according to the deceased’s will. Any monetary damages awarded in a wrongful death suit will be added to the deceased’s estate. At that point, it will be distributed along with the rest of the deceased’s estate.

What Can You Do If You Disagree with the Settlement?

If the other side refuses to offer a settlement that you and your loved ones agree with, your attorney may recommend filing a lawsuit and taking your case to court.

For some families, going to trial is risky because there is no guarantee that they will recover the damages they’re seeking. Predicting the outcome of a trial can be challenging, but it might ultimately be the right decision if the insurance company refuses to make a fair settlement offer.

Are Wrongful Death Settlements Taxable?

In most cases, wrongful death settlements are not subject to income tax or estate tax. However, it is critical to consult a wrongful death attorney to discuss how tax law could apply to your particular situation. Depending on the specifics of the settlement and your tax situation, it is possible that some tax liability could apply. Your attorney can work to structure a settlement in a way that would minimize any potential tax implications.

Contact a Wrongful Death Lawyer for a Free Consultation

At Stokes Stemle, we understand how devastating it is to lose a loved one due to someone else’s negligence. For many, the added stress of trying to navigate a lawsuit while they grieve feels impossible. Your lawyer will shoulder the legal burden of your case while you take care of yourself and your family’s needs during this difficult time.

Our previous clients will tell you that when you hire us, we’ll put your needs first. Our compassionate and knowledgeable Alabama wrongful death attorneys are ready to sit down with you to discuss your situation and your legal options. Call us at (334) 234-3008, chat with us live, or fill out a contact form on our site.

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The Reality of Fatigued Truck Drivers

Truck driver fatigue is a major contributor to truck accidents, which are incredibly dangerous. Federal regulations allow truck drivers to drive up to 11 hours at a time with breaks. However, studies have indicated that many truck drivers regularly violate these regulations and work longer than allowed. 

Driving while fatigued is a safety hazard, and, unfortunately, many truck drivers are not getting enough rest. Drowsy truck drivers have slower reaction times – comparable to that of driving drunk. Sleep deprivation has been found to impact reaction time as much as alcohol.

How Many Truck Accidents Happen Each Year Due to Fatigue or Drowsiness?

The Large Truck Crash Causation Study (LTCCS) from Federal Motor Carrier Safety Administration (FMCSA) reported that 13% of commercial motor vehicle drivers were considered to have been fatigued at the time of their crash.

In the study “Long Hours and Fatigue: A Survey of Tractor-Trailer Drivers,” published in the Journal of Public Health Policy, researchers conducted interviews with 1,249 commercial truck drivers at truck stops and inspection stations in four different states. They found that 19% of the truck drivers reported having fallen asleep at the wheel one or more times during the prior month. Two-thirds said they had under-reported their actual hours of work in their logbook during the previous year.

The National Highway Traffic Safety Administration (NHTSA) found that drowsy driving was responsible for close to 91,000 car accidents in a single recent year. Those crashes left approximately 50,000 people injured and 800 dead. NHTSA says these statistics likely underestimate the effects of drowsy driving.

According to a study published in the New England Journal of Medicine, truck drivers get less sleep than what is required for alertness while driving. The study found they averaged only 5.18 hours in bed per day and 4.78 hours of actual sleep per day. For most people, the ideal amount of sleep is around 7 hours per day.

Laws About Drowsy Driving or Driving While Sick

Alabama enacted a resolution that designates Nov. 19 each year as Drowsy Driver Awareness Day.

While Alabama does not have laws specific to driving while drowsy or sick, driving while under the influence of alcohol is against the law, and driving while sleepy can be very similar to driving while intoxicated. For instance, remaining awake for 18 hours has a similar effect on driving as having a blood alcohol content (BAC) of 0.05 percent. Being awake for 24 hours straight is equivalent to a BAC of 0.10.

Drunk driving is having a BAC at or above 0.08, or 0.04 when operating a commercial vehicle. For those under the age of 21, the limit is only 0.02.

What Truckers Can Do to Help Prevent Drowsy Driving Truck Accidents

There are several ways to combat the effects of sleep deprivation.

Here are some steps truckers can take to help prevent drowsy driving accidents:

• Get plenty of sleep. Studies show that about seven hours of sleep per night is optimal for most people.
• Time management is critical. Don’t put yourself in a situation where you need to drive a truck for extra hours to get back on schedule.
• Schedule regular stops. Take a short break from driving about every 100 miles.

 

• Taking naps can help alleviate drowsiness.

 

• Caffeine can be a quick fix. Drinking coffee or an energy drink can boost your short-term alertness.
• Eating before and during your trip can give you energy and increase alertness.
• See a doctor if you are having trouble sleeping or if you have any symptoms of sleep disorders, such as narcolepsy and sleep apnea.

Resources for Drivers with Sleep Disorders

The following are helpful resources for truck drivers with sleep disorders:

• National Sleep Foundation
• American Sleep Association
• Sleep Education (American Academy of Sleep Medicine)
• National Healthy Sleep Awareness Project (American Academy of Sleep Medicine)
• American Sleep Apnea Association
• Narcolepsy Network
• Restless Legs Syndrome Foundation
• Circadian Sleep Disorders Network

Contact an Alabama Truck Accident Lawyer

Truck accidents caused by fatigue are often catastrophic, resulting in severe, life-altering injuries. The skilled and compassionate Alabama truck accident lawyers at Stokes Stemle, LLC understand what you are dealing with.

We are standing by 24/7, ready to fight for the maximum compensation you deserve.

We have offices in Montgomery, Auburn, and Dothan, and serve the entire River Region. Call us now to schedule a free and confidential consultation.

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