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Truck Collisions – Do you need a Truck Accident Lawyer in Mobile, AL?

Tractor trailers deliver goods all over the country every day of the week. Their drivers often work brutal hours and travel great distances, all while dealing with the pressure of tight deadlines—and in some cases, while carrying hazardous cargo. The combination of these factors create a potent mix that can lead to serious or fatal truck collisions, and many truck drivers find themselves needing a truck accident lawyer in Mobile, AL.

Because of tractor trailers’ massive size and weight, when they get into a collision, it is often horrific in nature: and more often than not, it’s not the truck driver who suffers. When involved in fatal truck accidents, the truck driver survives over 86 percent of the time. There are a variety of factors at play, but the biggest reason is that huge trucks offer a great deal of protection to their drivers; for the other vehicle involved, however, that size dramatically increases the chance of fatalities. According to a 2008 federal report, 8 percent of all motor vehicle fatalities involve large trucks, while those same trucks make up only 2 percent of motor vehicle injuries. The most common scenario in these types of crashes is a truck jackknifing due to equipment failure, improper braking, or adverse road conditions.

Reasons for Truck Collisions – Reasons you may need a Truck Accident Attorney in Mobile, AL.

Knowing your rights will help you make an informed choice should you need to contact a truck accident attorney in Mobile, AL. The following is a list of the most common reasons for truck accidents and injuries we currently see in our office.

  • Vehicle malfunction. The biggest culprit in this category is defective brakes. A 2006 federal study showed that deficient or poorly adjusted brakes were a factor in 29.4 percent of all fatal truck crashes, and that about 19 percent of all inspected commercial vehicles were found to have brake defects. Other causes include light/marker/signal malfunctions, lack of proper tire pressure, and suspension problems.
  • Driver speeding, often to meet a deadline.
  • Driver fatigue.
  • Driver inexperience.
  • Driver inattention, often due to eating or talking. This is one factor that leads to the single biggest cause of truck fatalities: the failure of the driver to stay in the proper lane.
  • Unsafe driving given inclement weather conditions.
  • Overloading of cargo

Although truck driver training is rigorous, if a commercial trucking company is facing tight deadlines, they may put drivers on the road after incomplete or inadequate training. In addition, one of the agreements in the North American Free Trade Agreement (NAFTA) makes it easier for Mexican truck drivers, whose training is less intense than that of their American counterparts, to work in this country.

Though there are always multiple factors contributing to any car accident, when a truck is involved, the stakes are immediately raised. Not only does the size and weight of the truck increase the chance of serious personal injury, a truck’s cargo can create health problems as well. Overturned trucks carrying hazardous waste, flammable liquids, or other toxic materials can put you in immediate danger, even if you are not personally involved in the accident.

When to Consult a Truck Accident Lawyer in Mobile, AL.

If you or a loved one has been injured in a truck accident in the Gulf Coast Area, then please contact Taylor Martin, P.C. Speaking with an experienced Truck Accident Lawyer in Mobile, AL can help you decide the best course of action.

You just had a trucking accident and now you need an attorney. Whether you have been in an accident before or not, this can be a hard choice to make. At Taylor Martino, we like to make things as easy as possible for our clients, even before they choose to become clients. Here are a few things to look for in a personal injury attorney.

What kind of expertise does the lawyer have?

If you have been in a trucking accident, make sure the lawyers you are looking to hire are experienced in working truck accident cases. There are laws and regulations you need your lawyer to know about before representing you.

What kind of experience does the lawyer have?

If you are looking for a lawyer to represent you, having experience in litigation is much needed. Not all trucking accident cases go to court, so you will need an experienced negotiator to make sure your injury claims are settled correctly. If you do go to court, you want an experienced lawyer representing you to help get the most compensation needed.

Does the lawyer you are hiring have a good reputation?

When your lawyer represents you, they will be talking to a number of people on your behalf. Having a good reputation among insurance companies and other businesses in town is beneficial to helping your case be settled in a timely and fair manner.

Is the lawyer going to charge you for the initial consultation?

Most personal injury attorneys offer a free consultation before you decide whether or not you want to work with them. If you make an appointment, be sure to ask how much the first meeting will cost. Also, do not sign a retainer unless you plan to work specifically with the lawyer you are signing with. No one should ask you to sign a retainer simply for coming in to meet with them.

At Taylor Martino, we understand making the decision of which lawyer to choose to represent you after a trucking accident can seem like a tough task, but it doesn’t have to be. Use these helpful hints or call us for more information. Our lawyers would be glad to help.

Richard H. Taylor, Esq.

TAYLOR MARTINO, P.C.
PERSONAL INJURY LAWYERS
51 Saint Joseph Street
Mobile, Alabama 36602
Toll-Free: 1-800-256-7728
Main Tel:  251-433-3131
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Requirements for CDL Truck Drivers

Why you should contact an experienced Mobile, Alabama Truck Wreck Lawyer at Taylor Martino P.C.

Traveling on the highways, with or without family, can be stressful at times. Especially if you worry about the truck drivers on the roads with you. New regulations required by the Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) state all USDOT physicals must be performed by one of the qualified health professionals listed in the National Registry of Certified Medical Examiners.

According to the FMSCA website, “Safety is our highest priority and it is vital that every commercial truck and bus driver be qualified, alert, and focused when they are behind the wheel,” said Secretary Anthony Foxx.  “Medical examiners equipped with a thorough understanding of DOT fitness standards will be able to ensure that commercial drivers meet the health requirements necessary to operate on our highways and roads, thereby strengthening safety for every traveler.”

So what does this mean to you, the driver? It means CDL drivers must have their examinations done by medical professionals trained specifically on what to look for in drivers. A USDOT medical exam assesses a number of conditions that could affect a driver’s ability to safely operate the vehicle they are driving. Cardiovascular disease, respiratory and muscular functions, vision and hearing capabilities are some of the things screened during the process. This new program is required by federal law for medical professionals and drivers.

As of May 2014, more than 22,000 medical professionals had completed the coursework and testing. These professionals are listed on the National Registry with more beginning the certification process. Interstate commercial truck and bus driver’s who currently hold a medical certificate will not be required to visit a certified medical examiner until their current license is expired. However, they must pass a USDOT medical examination every two years to maintain their CDL, obtain a medical certification and legally operate a commercial motor vehicle.

FMCSA developed the National Registry of Certified Medical Examiners program as part of the agency’s commitment to enhancing the medical oversight of interstate drivers and preventing commercial vehicle-related crashes, injuries, and fatalities. The medical examiners on the National Registry are required as well to maintain federal standards through training and recertification. To learn more, visit http://nationalregistry.fmcsa.dot.gov

The Mobile, Alabama Truck Wreck Attorneys of Taylor Martino have handled a number of trucking accident cases. In each case, Taylor Martino determines  if a medical card was provided to an unsafe, unqualified driver. A trucking company must require the use of one of these certified examiners, but often they do not. Unsafe CMV drivers remain on our roads.

We anticipate several CMV drivers acquire a medical card from their “favorite” medical provider. Since they won’t have to recertify for a year, don’t expect safer roads until at least May 21, 2016! When you hire a Mobile, Alabama Truck Wreck Attorney, be sure that lawyer is up to date on the ever-changing trucking laws. Ask questions.

Contact an experienced Mobile, Alabama Truck Wreck Attorney

If you have suffered a personal injury, you need to call a Mobile, Alabama Truck Wreck Attorney at Taylor Martino at 251.433.3131 or Toll-Free at 1-800-256-7728 for a free consultation. You owe it to yourself.

 

TAYLOR MARTINO, P.C.
PERSONAL INJURY LAWYERS
51 Saint Joseph Street
Mobile, Alabama 36602
Toll-Free: 1-800-256-7728
Main Tel:  251-433-3131
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The lawyers of Taylor Martino, PC understand an accident can occur from time to time. They are unavoidable. Since we can’t plan when they will happen, here are some helpful tips to know what to do when you are involved in a motorcycle accident.

First things first.

Make sure everyone is okay. Remove yourself and passenger from high traffic areas to the nearest curb or median. After accessing the situation, it might be best to call for medical assistance. Even if you think you do not need assistance at the time, your adrenaline rushing could hide the fact something is injured. 

After checking on the welfare of you and your possible passenger, the next phone call you need to make is to the police. Filing a police report will come in usual for your insurance and possibly litigation.

Notify your insurance company.

Call your insurance company and report the motorcycle accident as soon as you can. They need to know what has happened to begin working on behalf of you. Your insurance provider will be able to tell you what is required, especially if you are still on sight of the accident.

Photograph as much of the situation as possible.

Now that most everyone has the ability to use their cell phones and snap a few photos, this shouldn’t be a problem. Without putting yourself in harms way of other traffic, get as many angles of the motorcycle crash as you can.

Moving the Motorcycle.

Once the police officer gives you the okay and you have discussed everything with your insurance company, move your motorcycle out of the road or street. If the vehicle is unable to be moved, call a tow truck to come pick up the damaged vehicle. Be sure to keep copies of all receipts for the tow company or any other expenses related to the collision.

Insurance exchange.

Police officers in the State of Alabama usually require each driver involved to fill out a form containing a name, insurance information and other contact information needed.

If the police officer does not give you the information, ask the other driver involved to supply you with their name, driver’s license number, insurance company and policy number.

Sketch out the accident.

Often times, if there is litigation it doesn’t take place until several weeks or months later. Drawing out the situation is a good idea because it could help you remember the accident and how the collision happened.

DO NOT Supply guilt.

Whether your insurance company or the other drivers. Do not admit guilt in the accident. If the opposite driver’s insurance company contacts you for a statement, refer them to your lawyer. Insurance companies usually record any questioning they propose and it could be used against you even if you aren’t saying anything wrong in your mind.

In the event you, or someone you know, is involved in a motorcycle accident, we hope you remember these steps. Remember, stay calm and collected so you can take the necessary actions needed in such situations.

Richard H. Taylor, Esq.

TAYLOR MARTINO, P.C.
PERSONAL INJURY LAWYERS
51 Saint Joseph Street
Mobile, Alabama 36602
Toll-Free: 1-800-256-7728
Main Tel:  251-433-3131
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Even though the state of Alabama requires all driver’s to be covered by insurance, this is not always the case. If you are in a car accident and the other driver does not have insurance, you might need these helpful tips to make sure you get coverage for your injuries and damages.

Call the Police.

In any instance of a collision, you will want to call the police and file a police report. The police will document the specifics of the accident which you will need later when you file your claim.

Exchange Information with the Other Driver.

Usually in the State of Alabama, the police officer will require each driver to complete a form asking for all pertinent information, such as the driver’s name, contact, license number, plate number, etc. If the police officer does not, you should gather as much information from the other driver as possible.

Notify Your Insurance Company.

According to Alabama’s Uninsured Motorist Law, every insurance policy includes uninsured motorist coverage. You need to file a claim with your insurance company under your uninsured motorist coverage. Be sure to file soon after the collision happens to ensure your insurance company will cover the event. Some insurance companies have a time limit set between the time of the accident and how long you have to file. If you miss the time limit, you might not get coverage.

If you are afraid of making a claim on your insurance because you are afraid of premiums going up on your coverage, usually this does not happen. If the accident is not your fault and you do not have a previous history of having a number of collisions, your premium should not be affected.

How It Works.

Usually in an accident, the guilty party’s insurance is required to cover your expenses. In the case the guilty driver does not have coverage, your uninsured motorist coverage fills in the gap to cover your medical bills and other damages. If you are unsure of the complete uninsured motorist coverage you have, check with your insurance provider. Usually, the coverage is for family members involved in the collision as well.

If you believe you are not being fully covered correctly, an experienced injury attorney can review your policy and help find other forms of coverage needed.

TAYLOR MARTINO, P.C.
PERSONAL INJURY LAWYERS
51 Saint Joseph Street
Mobile, Alabama 36602
Toll-Free: 1-800-256-7728
Main Tel:  251-433-3131
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no zone

In any given year, over 100,000 people are injured in truck accidents. When you are in a collision with an 18-wheeler truck there are things you need to know in order to maximize recovery against all of the defendants. For example, it is key that you do not talk with anyone from the trucking company. This includes employees, as well as companies assisting the trucking company, such as the investigators, lawyers, and the insurance company. 

It is key to begin investigating as soon as possible after a truck accident. An accident reconstruction expert will need to be immediately dispatched to the scene so they can secure measurements, photographs, and evidence. The truck’s black box data, as well as the truck’s GPS data, will need to be secured and downloaded. The trucking company’s licenses, insurance, and safety record will be investigated, as well as the background and criminal history of the truck driver. If the collision resulted in death, autopsy records will need to be acquired. Also, notice letters will need to be quickly sent to the trucking company demanding that all evidence remains in its post-accident state. Failure to act quickly on any of these accords can, unfortunately, result in the destruction of evidence. 

In addition to all of the items that need to quickly fall into place after a truck accident, it is also vital to research and determine the best venue in which to bring the claim. It is rare that a truck collision lawsuit involves only one state’s laws or court system. Most likely, the trucking company is located in a different state than the one where the collision occurred, not to mention the driver is probably a resident of a third state. In order to achieve the most favorable results, it is critical to determine at the start of the case which state’s laws are the most advantageous to you and bring the case to that state.

Truck collisions can occur for many reasons including bad trucking company policies or carelessness. Companies will often hire inexperienced drivers and fail to adequately train them. Often times, companies fail to even run a criminal and/or driving background check. Equipment also plays a large role in the safety of 18-wheeler trucks. If the truck is overloaded, not properly secured, or poorly maintained, an accident can occur. Companies tend to overwork and over schedule their drivers which can lead them to drive with a lack of sleep. Driving while sleep deprived can result in non-alert driving which is especially dangerous when operating an 80,000-pound piece of equipment.

Poor judgment from the truck driver can also lead to truck accidents. You would be unpleasantly surprised to know how many truck drivers choose to drive with drugs and/or alcohol in their system. Today’s drivers are also more distracted with talking on the phone, texting, checking emails, and looking at GPS. With the tight deadlines and busy schedule, they can choose to drive recklessly and speed. Other conditions, such as highway hypnosis (after thousands of miles watching the same scenery, a driver can enter a sort of “trance” like state) and blind spots (the area behind a truck which is not visible on most mirror systems) are more out of a drivers control.

There are also some causes of truck accidents that are not the fault of the trucking company or the driver. Road construction can create hazardous conditions, improper signage can obstruct the driver’s view, and defective highway design can lead to collisions.

Types of Truck Accidents Handled by Taylor Martino, PC:

  • 18-Wheelers
  • Commercial Trucks
  • Box Trucks
  • Tanker Trucks
  • Delivery Trucks
  • Gravel Trucks
  • Dump Trucks
  • Construction Trucks
  • Cement Mixers
  • Crane Trucks
  • Utility Trucks
  • Garbage Trucks
  • U-Haul Trucks & Trailers
  • Buses

The lawyers of Taylor Martino, PC have been providing aggressive, effective legal representation in courtrooms for over 30 years. When it comes to truck accidents, we have a wealth of experience, as well as a network of local experts to present opinions as evidence to prove our case. If you, or a loved one, has been injured in a truck accident in Alabama or the gulf coast area, then please contact the experienced truck injury lawyers at Taylor Martino, PC for an initial consultation. Our lawyers work on a contingency fee basis, which means you do not pay a dime unless we collect compensation for your case. Remember, time is of the essence when maximizing recovery so, protect yourself and call today!

TAYLOR MARTINO, P.C.
PERSONAL INJURY LAWYERS
51 Saint Joseph Street
Mobile, Alabama 36602
Toll Free: 1-800-256-7728
Main Tel:  251-433-3131
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