Tag Archive for: negligence

Tractor Trailer

Woman Dies in Accident with Tractor Trailer

A woman has died after colliding with a semi. Lashunda Patrice Wells, 38, of Tuscaloosa, was driving on Interstate 65 near Hayden, Alabama, in Blount County on July 1st. For reasons not yet reported, Wells lost control of her 2005 Nissan Altima. The Altima struck a metal guard rail, bouncing back into traffic. When the car returned to the lanes of traffic, it was struck by a 2005 Peterbilt tractor trailer, as driven by Rick Griesbach, of Westborough, Wisconsin. The Altima then came to rest on the center concrete median. Wells was pronounced dead at the scene of the accident. Griesbach was uninjured.

Tractor-trailers and semi trucks can be highly lethal presences on roads and highways. While many professional truckers are experienced and skilled at what they do, there is simply more risk of harm involved should anything go wrong on the road either with or near a large truck. Tractor-trailers require almost 150% as long to come to a complete stop when traveling at highway speeds than would a passenger vehicle. Factors such as weather conditions can also come into play, as can any excessive wear-and-tear on the truck’s tires. Where a passenger vehicle may have been able to swerve around a car that quickly merged into traffic, tractor trailers bear a much greater risk of jackknifing or overturning, due to the weight of cargo in the trailer. Thus, attempting to avoid a hazard in the road could result in even more damage than simply colliding with the car or object immediately in front of a tractor trailer.

Accidents with tractor trailers or other large trucks can be highly destructive. Due to the number of components that can fail on a large truck, and the various parties that may be involved in maintaining, operating, and owning a tractor trailer, legal and factual issues involved in an accident with a tractor trailer can be convoluted and hard to keep straight. If you or a loved one have been injured in an accident with a semi truck or tractor trailer, seek experienced legal help to determine if you may be owed compensation for your injuries in the crash. Contact the skilled Montgomery, Alabama personal injury attorneys at McPhillips Shinbaum to discuss your options. Our truck accident attorneys are available to offer a free consultation on a possible claim for individuals based in and around Montgomery, including Coosada, Pike Road, Deatsville, Lapine, and Titus. Call 334-262-1911 today.

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Damages in a Negligence Case

The final element in your negligence case is damage. The other elements — duty, breach, cause-in-fact and proximate cause — may all be clearly established, but if there are no damages then there can be no negligence lawsuit. Your damages can fall into one of several categories.

Economic damages

The typical car accident costs a lot of money. Those damages include:

  • Property damage. Even a minor bump or scrape can cause hundreds of dollars in damage to your car. A moderate or severe accident can cause thousands of dollars or even total your car. If you must replace your car, the replacement cost is part of your economic damages. Even if you keep your car, the defendant is responsible for your car’s reduced resale value due to the accident and subsequent repair.
  • Lost wages. Many victims must miss work both due to the immediate injury, and also to visit the doctor for follow-up visits and therapy sessions. In more severe cases, the plaintiff may be disabled or dead and unable to return to work at all.
  • Medical bills. Reimbursable medical expenses include past medical expenses, current medical expenses and also future medical expenses. While past and current medical expenses are easily established, an expert witness is usually needed to accurately predict your future medical expenses.
  • Exemplary damages. Depending on the facts of your case, punitive damages may be available to punish the defendant and deter future wrongful conduct.

Noneconomic damages

In addition to the actual monetary costs, there are emotional costs as well. Your damages include fair compensation for pain and suffering, loss of consortium, loss of enjoyment of life and other injuries which have no fixed price tag.

For total representation in your negligence case, contact the personal injury attorneys at McPhillips Shinbaum to schedule your free consultation.