Birmingham Inadequate Surveillance Truck Accident Attorneys
Inadequate surveillance happens when a driver doesn’t properly monitor their surroundings in order to maneuver their vehicle safely. For example, if a truck driver merging into another lane doesn’t check their blind spot first, that’s a form of inadequate surveillance. If you were the victim of a truck accident caused by inadequate surveillance, contact Farris, Riley & Pitt, LLP for legal representation.
You deserve compensation for the injuries you sustained. We’ll help you hold the truck driver liable for their actions. It’s irresponsible to maneuver a large commercial vehicle without checking to see it’s safe first, whether the truck driver is crossing through an intersection, making a turn, or changing lanes.
The trucking industry must follow federal and state regulations to ensure other drivers’ safety on the road. When a truck driver becomes careless behind the wheel, they put everyone around them in serious danger.
To find out more about our award-winning Birmingham attorneys, the successful results we’ve achieved on behalf of our clients, and how we can win your case, call (205) 324-1212 today to schedule a free consultation.
How Blind Spots Contribute to Truck Accidents
Blind spots are areas surrounding the vehicle that the truck driver can’t see in their mirrors. Since a commercial vehicle is larger and longer than passenger cars, the blind spots are more significant. It’s often difficult for truckers to notice when another vehicle is riding next to or behind them. For that reason, they must be diligent in checking their blind spots before merging or maneuvering their truck in a way that could affect another driver.
If you’re near a large truck, you should take certain precautions to ensure your safety and avoid getting stuck in their blind spot:
- Don’t spend too long in the blind spot when you’re passing.
- Always turn on your headlights, especially at night.
- Never ride in their blind spot while you’re on a multiple lane road.
- Use turn signals far ahead of your turn or exit if there’s a truck behind you.
- Don’t follow the vehicle too closely in case they need to slow down or stop suddenly.
There’s only so much you can do to protect yourself from negligent truck drivers. Despite all the safety rules you follow, you could still end up in a collision with a commercial vehicle. When an accident like that occurs, you could suffer devastating damage to your car and yourself. When you’re on the road, the best move you can make is to always stay away from truck drivers if you want to avoid a crash with them.
Other common examples of inadequate surveillance include:
- Unsafe or unexpected turn
- Merging without using a turn signal
- Blowing through an intersection without checking for other drivers
- Failing to yield the right of way
- Braking or stopping suddenly
Seeking Financial Compensation From the At-Fault Driver
In Alabama, there’s a fault system drivers must follow when an accident occurs. Under this system, the at-fault motorist becomes financially liable for any damage, bodily injury, and expenses incurred by the victim. The compensation usually ends up coming from their liability auto insurance carrier.
When you’re filing an insurance claim, there are various damages you could seek. Damages are the losses associated with an accident or injury. The two main types are economic and non-economic.
Economic damages include all expenses incurred after suffering an injury, such as:
- Out of pocket costs
- Medical bills
- Lost wages
- Lost earning capacity
- Vehicle repair or replacement expenses
Non-economic damages are the losses that don’t come with a specific monetary value, such as:
- Pain and suffering
- Emotional distress or mental anguish
- Disability or disfigurement
- Diminished quality of life
An insurance adjuster might use some of the contributing factors below to determine a fair calculation for someone’s non-economic damages:
- How serious the injury is
- Total economic damages
- Liability coverage listed on the truck driver’s insurance policy
- Duration of the recovery period
- Total lost wages due to the inability to work
- Permanent impairment or disability caused by the injury
- If future medical care is necessary and the estimated cost
- Effect of the injury on daily life
- Availability of sufficient evidence proving the truck driver was at fault
We use aggressive tactics when we’re negotiating a settlement with insurance companies. We know what’s fair and will work hard to protect your rights to the maximum compensation available. If the insurance company denies your claim or refuses to settle, we can move forward with filing a lawsuit.
When it comes to inadequate surveillance truck accidents, we can sue the at-fault party. There’s a strict deadline known as a statute of limitations that you must comply with if you want to file a lawsuit against someone. The statute of limitations in Alabama is two years. That means the clock begins ticking on the date of the truck accident, and you’ll have two years from then to pursue legal action in the civil court system. After two years pass, you’ll lose your right to file a lawsuit.
In most motor vehicle crash cases, injured victims will use the legal theory of negligence to prove the other driver was responsible for the harm they suffered. Negligence is the failure of one person to provide a reasonable duty of care to prevent harm to another. You must show the following elements existed at the time of the crash to prove the truck driver was negligent:
- Duty: The at-fault driver owed you a duty of care to prevent you from getting hurt;
- Breach of duty: The at-fault driver breached their duty by failing to perform adequate surveillance;
- Cause in fact: If it weren’t for their actions, you wouldn’t have suffered harm;
- Proximate cause: Your injuries were the direct result of the driver’s actions; and
- Damages: You incurred damages.
What Should I Do If the Truck Driver Doesn’t Have Insurance?
Even though state laws require all drivers to hold liability insurance, some people let their policy lapse or fail to purchase the necessary coverage. If you discover that the truck driver doesn’t have insurance, you can file a claim with your auto insurance company.
Uninsured/underinsured motorist (UM) provides compensation to injured victims if the at-fault driver doesn’t have liability coverage or their limits aren’t high enough to cover the total damages. If you file a UM claim, you could pursue the following damages:
- Medical bills
- Lost wages and future earnings
- Out of pocket costs
- Car repair or replacement
- Pain and suffering
It’s not a required form of insurance, but all insurance companies are supposed to offer it to their policyholders. Another optional coverage is MedPay. You can receive an upfront payment of your medical treatment up to the limit listed on your policy. Instead of paying out of pocket, you can submit your car insurance details to your medical providers, and they will submit your bills for payment.
How Farris, Riley & Pitt, LLP Will Help With Your Case
When a truck driver doesn’t adequately survey their surroundings, they could cause an accident that leads to severe injuries and fatalities. Insurance claims and lawsuits are complicated for many people to handle alone. If you’re unfamiliar with the process, you could make an error that prevents you from recovering the maximum compensation available.
When you hire Farris, Riley & Pitt, LLP, we’ll take care of each step of the legal process, so you don’t have to carry the burden of a legal case. We’ll begin by performing a thorough investigation into the crash and obtain crucial evidence, such as:
- Traffic crash report
- Eyewitness statements
- Video surveillance footage
- Vehicle repair estimates and bills
- Copies of your medical records and other associated expenses
- At-fault truck driver’s insurance policy
- Evidence from the accident scene
We will file the claim and submit all the evidence we found. While the insurance company is reviewing everything, we’ll remain in contact with them and update you on the status of your case. Once we receive a settlement offer, we’ll discuss it with you to decide if it’s a fair value. If the insurance company doesn’t offer the settlement we believe you’re owed, we can move forward with a lawsuit to pursue fair compensation.
Injured in a Truck Accident? Contact Farris, Riley & Pitt, LLP Today
We have a group of dedicated lawyers who will fight aggressively and strategically to seek the justice you deserve. We know you’re struggling after the truck accident. You might be out of work while you’re recovering and don’t know how to pay your bills. We don’t want to add more financial strain to your life, which is why we take cases on contingency. That means we don’t charge upfront fees or costs to represent clients. We don’t recover our legal fees unless we win your case. If we don’t win, you don’t have to pay.
Farris, Riley & Pitt, LLP also offers a free case review for all prospective clients. If you’re unsure of your legal options and want to discuss your accident with an experienced Birmingham truck accident lawyer, contact us immediately. We’ll be happy to meet with you and review the details of your situation and your legal options.
If a truck driver’s inadequate surveillance caused your accident and injuries, call us today at Farris, Riley & Pitt, LLP. We’ll work hard to protect your rights and efficiently reach a favorable outcome. Find out more about our legal services, and let us help you get on the road to recovery.