Articles Posted in Personal Injury Legal Theories

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One of the most common questions asked by victims of Alabama truck accidents is whether the trucking company that employs an allegedly at-fault driver can be held liable for the actions of the truck driver. As is the case with many legal questions, the answer is “it depends.”The legal term respondeat superior refers to an ancient Latin phrase that roughly translated means “let the master answer.” Respondeat superior is a type of vicarious lability, meaning the doctrine allows one person to be held liable for the acts of another third party. Other types of vicarious liability include a parent’s responsibility for the actions of their minor child or a car owner’s responsibility for the actions of those they allow to use their car.

In modern day personal injury law, respondeat superior refers to a legal doctrine that allows for accident victims to hold an employer liable for the negligent acts of an employee in certain circumstances. Under Alabama case law, an accident victim must establish several elements in order to hold an employer liable for the acts of an employee. While this case involved a doctor who the plaintiff claimed was liable for the negligent acts of a nurse, the rules outlined by the court in its opinion have since been applied broadly by Alabama courts.

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Semi-trucks are necessary in today’s economy. Indeed, these large trucks carry goods back and forth across the country on the nation’s highways. Most of the time, these trucks are operating on wide roads with high speed limits. However, as truck drivers approach their destination, they are usually required to operate their fully loaded trucks on city streets that are much narrower, slower, and tighter. This can present a challenge to even experienced Alabama truck drivers.Notwithstanding the challenge, semi-truck drivers are responsible to operate their rigs in a safe and responsible manner at all times. This means on all types of roads and in all types of weather conditions. When a truck driver’s negligence results in an Alabama truck accident, anyone injured in the accident can pursue compensation for their injuries through an Alabama personal injury lawsuit.

Proving an Alabama Truck Accident Claim

In order for a plaintiff to successfully bring an Alabama truck accident case, they will need to establish that the truck driver’s negligence resulted in the accident that caused their injuries. While this sounds simple in theory, there can be many roadblocks that arise along the way.

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Being an emergency responder is a dangerous job for a number of reasons. However, the leading cause of death among emergency responders has consistently been traffic-related accidents. Most often, these Alabama car accidents occur when an emergency responder is working road-side while assisting a disabled vehicle or responding to the scene of an accident when another motorist clips one of the stationary vehicles, causing a chain reaction in which anyone nearby has a high probability of being injured.This concern over the safety of emergency responders has led every state legislature – including Alabama’s – to implement a move-over law, requiring motorists to take certain precautions when approaching emergency responders on the side of the road.

The Alabama move-over law protects the following people:

  • law enforcement officers;
  • wreckers and tow-truck drivers;
  • utility workers; and
  • garbage and recycling collectors.

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