Resolving Your 18-Wheeler Accident Claim In Alabama: Will You Have To Go To Court?

Navigating the complex and often stressful nuances of a car collision can be daunting, especially when it involves a large vehicle such as an 18 wheeler. Serious physical injuries, emotional upheaval, damage to your beloved bike, and potential legal battles are the unfortunate realities you may face in the aftermath of an accident. In the heart of these uncertainties lies a question that often stumps victims: "Will I have to go to court to resolve my 18 Wheeler accident claim?". The aim of this article, written by the law office of renowned personal injury lawyer Stephen Thompson in Alabama, is to provide clarity around this question to victims of such accidents.

To put it simply, sometimes a claim can be resolved outside of court, and sometimes it might necessitate a more formal legal process. The path you tread largely depends on the specifics of your case, more importantly, the severity of the damages you've incurred, any disputes regarding liability, and the willingness of the involved insurance companies to negotiate fairly.

As a rule of thumb, if liability is clear– that is, if the truck driver or their employer is obviously at fault— and your damages are straightforward and backed by compelling evidence like medical reports, then a settlement could potentially be reached outside of court. For such cases, a personal injury lawyer with proficient negotiation skills and an understanding of Alabama's personal injury laws, like Stephen Thompson usually engage in negotiations with the at-fault driver's insurance company on behalf of the victim. If the insurance company offers an acceptable settlement, you can agree to the offer and forego a court hearing. 

However, things get more complex in scenarios where liability is contested or the nature of damages is ambiguous. If the truck driver, their employer, or their insurance provider denies responsibility for the accident, or if they dispute the extent of damages and losses you claim to have incurred, legal action may be your only recourse. 

Furthermore, if the at-fault party's insurance company fails to offer a fair settlement, it might be necessary to go to court to ensure you receive just compensation for your injuries and damages. This often occurs in instances where victims have sustained severe injuries, requiring substantial medical treatment, rehabilitation and ongoing care, or in accidents where the victim has suffered a considerable loss of earnings due to their inability to work post-accident.

As an Alabama resident, it's important to note that our state follows the contributory negligence rule in personal injury cases, including those arising from car accidents. Under this rule, if you are found to be even slightly at fault (1% or more) for the accident, you could potentially be barred from recovering damages. This further underlines the importance of professional legal help in proving full liability on the part of the truck driver or their employer.

Remember though, going to court does not inevitably mean undergoing a trial with a judge or jury. Almost 95% of personal injury cases are settled in what is known as the "pre-trial" phase through skillful negotiation, mediation, and pre-trial motions. 

A trusted personal injury attorney like Stephen Thompson can meticulously steer your case to favor a pre-trial settlement. If a trial becomes inevitable, their extensive courtroom experience can make a significant difference in the outcome of your case. The goal is always to obtain maximum compensation for your medical bills, loss of income, pain and suffering, and damage to property through whichever route is most suitable for your unique circumstances.

In conclusion, while it may be possible to resolve an 18-wheeler accident claim without going to court, it is not always the most strategic choice, especially in instances where the damages are extensive or the liability contested. It's essential to consult with a seasoned personal injury attorney who can guide you through the entire process, negotiate on your behalf with insurance companies, and if necessary, represent you in the courtroom. 

If you or a loved one has been involved in a collision with an 18-wheeler in Alabama, do not hesitate to reach out to the law office of Stephen Thompson. We diligently fight for car accident victims and their rights, striving to ensure they receive the just compensation they deserve.


Looking for Answers About Your Accident?

Contact us for your FREE Case Evaluation and get the ANSWERS you're looking for.

Free Initial Strategy Session

All Initial Strategy Sessions are Free. If you would like to discuss your options, you are invited to fill out one of the Contact Forms. I will attempt to contact you if I think I can help you.

During your Initial Strategy Session, I will asist you in creating a strategy on how to best pursue your claim, whether it be the result of a Car Accident Claim, 18 Wheeler Injury, or, Alabama Workers' Compensation Claim. At your Initial Strategy Session, you will receive the following:

  • First - I will listen to your story. You will have a chance to tell everything to someone who wants to hear what happened to you.
  • Based on the information that you provide, I will give you my best advice on both what claims you have, and the next steps you should consider to proceed with your claim(s).
  • If your claim is something that I think I can help you with, I will explain the services that I can provide for you, and what the next steps are that we should take. We will start working immediately.
  • If your matter is something that I do not think I can help you with, then I will attempt to put you in contact with another lawyer that might be able to help you.
  • Either way, what should happen is we will put to rest some of the unkowns that you may be experiencing. We will start to shed some light on what you can expect, and how to best pursue the benefits you deserve.

Don't delay getting the recovery you deserve! Contact us today for your free Strategy Session!

-How Can I Help?-

-Information Center-
-Common Questions-
-Types of Injuries-