A commercial truck accident is nothing like a standard car crash. The vehicle weighs up to 80,000 pounds. The injuries are catastrophic. And the evidence — the kind that wins cases — starts disappearing within 24 to 72 hours if no one moves to preserve it. At Simmons Law, Chris Simmons handles truck accident cases in Mobile County and Baldwin County with one priority in mind: lock down the evidence before the trucking company's lawyers do.
Step 1: Demand ELD Data Preservation Immediately
Every commercial truck operating in interstate commerce since 2017 is required by FMCSA regulations to carry an Electronic Logging Device (ELD). This device records hours of service, speed, hard braking events, and GPS location data. Under 49 C.F.R. § 395.8, carriers must retain records — but the underlying telematics data from ELDs, dashcam footage, and onboard sensors can be overwritten in as few as 30 days, and sometimes faster.
A formal litigation hold letter — sent to the carrier, driver, and any broker or shipper — must go out within days of the crash, not weeks. This letter demands preservation of the ELD data, hours-of-service logs, pre-trip inspection reports, driver qualification files, drug and alcohol test records, and any dashcam or back-cam footage. When a trucking company destroys evidence after receiving a preservation letter, Alabama courts can instruct juries to draw an adverse inference — meaning the jury can assume the destroyed evidence was bad for the trucking company.
Step 2: Document the Scene and Get Medical Care
If you are physically able after a crash on the I-10 Bayway, Government Street corridor near the Port of Mobile, or on I-65 north of downtown Mobile, photograph everything before vehicles are moved. Capture the truck's DOT number, license plates, placards, trailer markings, and any visible damage patterns. Get the driver's commercial license number and the name of the trucking company on the cab door — which is often different from the company on the trailer.
Seek immediate medical care at USA Medical Center (2451 Fillingim St, Mobile), Mobile Infirmary (5 Mobile Infirmary Circle), or Springhill Medical Center (3719 Dauphin St) if you are in Mobile County. In Baldwin County, Thomas Hospital in Fairhope (750 Morphy Ave) and South Baldwin Regional Medical Center in Foley (1613 N McKenzie St) are the primary trauma-capable facilities. Do not decline treatment at the scene. Adrenaline masks pain, and internal injuries from truck crashes frequently manifest hours later.
Step 3: Identify Every Defendant — There Are Often More Than One
Commercial trucking cases routinely involve multiple defendants with separate insurance policies and independent legal liability. Alabama law allows claims against the truck driver individually, the motor carrier (the company operating the truck), the freight broker who arranged the load, the shipper who loaded cargo (if improper loading contributed to the crash), and the truck or parts manufacturer if equipment failure was a factor.
The Port of Mobile generates significant commercial truck traffic along Government Street, I-10, and US-90 through west Mobile. Loads moving from the port to inland distribution points frequently travel the I-10 Bayway over Mobile Bay. Identifying who contracted the driver, who owned the truck, and who brokered the load is critical to ensuring all available insurance coverage is pursued.
FMCSA Violations as Negligence Per Se Under Alabama Law
Federal Motor Carrier Safety Administration regulations govern hours of service, vehicle maintenance, drug testing, and driver qualifications. When a trucker violates an FMCSA regulation and that violation causes a crash, Alabama courts have recognized such violations as negligence per se — meaning the violation itself establishes the breach of duty element without requiring additional proof that a reasonable person would have acted differently. A driver who exceeded the 11-hour driving limit under 49 C.F.R. § 395.3 or operated without a current medical certificate under 49 C.F.R. § 391.41 has handed the victim a powerful piece of the liability case.
Alabama Statute of Limitations — Ala. Code § 6-2-38
Under Ala. Code § 6-2-38, personal injury claims in Alabama must be filed within two years of the date of injury. Wrongful death claims under the Alabama Wrongful Death Act, § 6-5-410, must also be filed within two years. Two years sounds like a long time — it is not, when you account for investigation, expert retention, litigation holds, and the time needed to build a truck accident case properly. Chris Simmons recommends contacting an attorney within days of a serious truck crash, not months.
Where Truck Accident Cases Are Filed in Alabama
Truck accident cases arising in Mobile County are typically filed in the Mobile County Circuit Court at 205 Government Street, Mobile, AL 36644. Cases arising in Baldwin County are filed in the Baldwin County Circuit Court at 312 Courthouse Square, Bay Minette, AL 36507. Federal jurisdiction may apply when all defendants are from out of state and the damages exceed $75,000 — a threshold easily met in serious truck accident cases. Simmons Law handles truck accident litigation in both state and federal courts serving Mobile and Baldwin counties.
At Simmons Law, Chris Simmons personally reviews every truck accident case. If you or a family member was injured in a commercial truck crash in Mobile County or Baldwin County, contact Simmons Law at (251) 306-8333. The steps you take in the first 72 hours can determine what evidence survives and what your case is worth.
