Truck Accident Attorney in Charlotte, NC
EXPERIENCED CHARLOTTE TRUCK ACCIDENT ATTORNEYS
Commercial truck accidents can produce severe damage and catastrophic injuries in seconds. If you were injured in a truck accident, you may be facing steep medical expenses and a long road to recovery ahead.
Yale Haymond Law PLLC represents truck accident victims through the insurance claim and legal process. Our truck accident attorneys in Charlotte, NC, can help you understand your rights and options after this serious event.
Contact our truck accident lawyers today to learn how we may be able to help you.
UNDERSTANDING COMMON CAUSES OF NORTH CAROLINA TRUCK ACCIDENTS
Thousands of commercial truck accidents occur in North Carolina alone each year. In 2019, for example, crashes involving single-unit trucks and tractor-trailers accounted for approximately 15,820 accidents across the state. Of these crashes, 3,747 resulted in injuries and 368 were fatal.
Seeking compensation after a North Carolina truck accident involves pinpointing the cause of your accident and determining which party or parties were liable for the crash. Truck accidents often occur due to one of these causes:
- Driver fatigue: Despite federal and state regulations regarding driving hours, truck drivers often drive for unsafe hours to meet tight deadlines. Fatigue is common among truck drivers, impairing their reaction times and decision-making abilities. Studies have shown that driving fatigued is just as dangerous as driving under the influence of alcohol in many cases.
- Distracted driving: Because truck drivers work such long hours, they often become bored and find distractions to entertain themselves. Phone calls, texting and driving, and other distractions can lead drivers to make fatal errors.
- Driving under the influence of drugs or alcohol: Drunk or impaired driving can lead to serious truck collisions and life-altering injuries. Truck companies are responsible for conducting regular drug and alcohol testing, and truck drivers are subject to stricter DWI laws than drivers of passenger vehicles. They can be charged with a DWI if their blood alcohol concentration is 0.04 or higher.
- Blind spot errors: Large trucks have several large blind spots where they cannot see passenger vehicles. Failing to adequately check their blind spots can lead truck drivers to strike smaller vehicles and cause serious accidents.
- Vehicle malfunctions: Trucking companies and drivers are responsible for conducting safety checks to ensure that their vehicles are in good working condition. Vehicle malfunctions, whether due to lack of maintenance or faulty truck parts, can quickly lead to serious truck crashes.
- Speeding: When truck drivers fail to follow speed limit guidelines, they significantly reduce maneuverability, increase their stopping distances, and elevate the likelihood of jackknifing and rollovers due to sudden braking.
- Improper loading: Tractor-trailers have specific loading requirements to ensure that cargo is balanced. Improper loading can affect the balance and stability of the vehicle, making it more likely to roll over if the driver makes a fast turn or brakes suddenly.
Experienced truck accident attorneys can help you review accident documentation and other evidence to determine the cause of the truck crash.
TRUCK ACCIDENT LAWYER
Who Can Be Held Liable for a Charlotte Truck Accident?
North Carolina is one of only four states across the U.S. that follows a pure contributory negligence system for assigning fault in accidents. Under this system, a plaintiff cannot recover damages if their own negligence contributed to the accident, even if it was only 1%. In many other states, a plaintiff’s percentage of fault would simply reduce their compensation award.
Evaluating liability in your accident can help you determine how this strict negligence system might contribute to your potential compensation. Multiple parties might be partially or fully responsible for an accident, such as:
- The truck driver, for violating traffic laws or making an error that led to the accident
- The trucking company, for failing to maintain the vehicle or properly train the driver. Truck companies often assume vicarious liability for their commercial drivers as well, meaning you might pursue compensation from the company even if the driver was negligent in the accident.
- A truck manufacturer, for producing a faulty part (product liability)
- Another driver who triggered a multi-vehicle car accident
- A contractor or third-party who improperly loaded the cargo or made another error that ultimately caused the accident
Insurance companies often investigate accidents to assign fault for claims purposes, though ultimate liability may be decided in court. As long as you do not receive any blame for the accident, you may have the right to seek compensation from the other liable parties.
EXPLORING FEDERAL AND STATE LAWS FOR TRUCK OPERATIONS
When reviewing truck accident statutes and statistics, it is clear that truck accidents often arise due to violations of state or federal laws. Commercial truck drivers must adhere to strict laws to promote the safe operation of their vehicles.
For example, the Federal Motor Carrier Safety Administration sets an 11-hour driving limit after 10 consecutive hours off duty for property-carrying drivers. It requires drivers to take a 30-minute break when they have driven for a period of 8 cumulative hours. Passenger-carrying drivers are subject to a 10-hour driving limit.
North Carolina laws dictate regulations regulations regarding commercial vehicle weight and size. Law enforcement officers are permitted to stop and weigh a vehicle to verify its adherence to North Carolina law.
Citing a violation of federal and state laws can help build a strong case against the truck driver or trucking company responsible for an accident.
OPTIONS FOR SEEKING COMPENSATION IN A TRUCK ACCIDENT CASE
Truck accidents often give rise to severe injuries that significantly impact a person’s well-being and quality of life. Common truck accident injuries include:
- Spinal cord injuries
- Bruises and lacerations
- Traumatic brain injuries
- Internal injuries
- Severe broken bones
As such, these accidents can result in significant damages.
If you were injured in a truck accident, our truck accident attorneys in Charlotte, NC, can help you explore your options for potentially seeking compensation.
Generally, the first step in this process is filing an insurance claim with the at-fault party’s insurance company. Truck accident claims can provide compensation for medical bills, property damage, and potentially lost income. These claims are subject to the policyholder’s coverage limits and coverage types.
Trucking companies often have high-limit liability insurance coverage for their drivers, but they also tend to have aggressive legal teams defending them against liability claims. If an insurance claim does not provide sufficient compensation in your accident, your truck accident lawyer in Charlotte can explore the idea of a personal injury lawsuit to claim additional compensation.
Truck accident lawsuits often involve economic damages and non-economic damages. Many of these cases settle out of court. Your attorney may negotiate for a fair settlement that addresses your losses from the accident.
WHAT DAMAGES ARE APPLICABLE IN TRUCK ACCIDENT CASES?
In a personal injury claim, you may be able to seek several types of damages to help make you “whole” again after the accident.
Economic damages account for the direct economic expenses you incurred due to the accident. They can help cover:
- Lost wages
- Medical costs
- Future medical expenses
- Property damage
- Loss of future earning capacity
- And more
Non-economic damages account for the physical and emotional toll the accident caused that does not equate to a direct monetary price tag. They may include:
- Emotional trauma
- Pain and suffering
- Mental anguish
- Loss of quality of life
If you lost a loved one in a tractor-trailer accident, you may have the right to seek a wrongful death claim. In North Carolina, wrongful death damages may include the decedent’s medical expenses, funeral expenses, compensation for pain and suffering, and more.
In rare cases, a truck accident may give rise to punitive damages, which seek to punish the liable party for egregious behavior. These would come from the defendant’s bank account rather than from the insurer.
TRUCK ACCIDENT CASES
Compelling Evidence in Charlotte Truck Accident Cases
Providing evidence of the at-fault party’s negligence or liability can help strengthen a truck accident case. Your truck accident attorney in Charlotte, NC, can help you analyze and compile evidence that points to this party’s liability.
Examples of compelling evidence in truck accident cases may include:
- Photos or videos of the accident scene that show the types of damage present at the scene
- Police reports that detail the circumstances surrounding the accident
- Driver logs showing that the truck driver was working unsafe hours or violated federal regulations
- Black box data from the accident showing sudden braking or other unsafe maneuvers
- Witness testimonies from those who saw the accident or witnessed unsafe practices
How Yale Haymond Law PLLC Represents Truck Accident Victims
At Yale Haymond Law PLLC, we have seen countless truck accidents lead to severe consequences for drivers across the Charlotte area. We represent clients throughout the compensation process by providing these services and more:
- Organizing evidence to use within an insurance claim or lawsuit
- Communicating with all parties on behalf of the client
- Tracking down witnesses and collecting witness testimonies
- Submitting subpoenas to seek evidence, such as black box data or driver logs from the defendant
- Analyzing black box data, driver logs, medical records, property damage, and other evidence to look for patterns and inform our legal strategy
- Hiring experts in the trucking industry and other specialties to collaborate on and provide testimony for the case
- Representing the client in insurance disputes and settlement negotiations
- Representing the client in court, if the case moves to trial
SPEAK WITH A CHARLOTTE TRUCK ACCIDENT LAWYER TODAY
Truck accidents often lead to more serious injuries and more expensive damages than typical car accidents. They can involve ongoing and future costs that a compensation claim should also account for.
If you were involved in a truck accident and experienced injuries, contacting an experienced truck accident attorney in Charlotte, NC, can give you clarity in your next steps.
At Yale Haymond Law PLLC, we help clients understand their rights and legal options under North Carolina law. We have represented many truck accident victims through complex insurance processes and personal injury lawsuits. Our extensive experience negotiating with trucking companies and their legal teams provides us with insight into how to approach complicated cases.
Request a consultation with our truck accident attorneys today by calling 704-800-HELP (4357). We will schedule a time to speak with you over the phone or meet in our Charlotte law office.
Frequently Asked Questions
Who can bring about a wrongful death claim after a semi-truck accident in North Carolina?
In North Carolina, only the decedent’s personal representative can claim wrongful death after a truck accident. This is typically a close family member, such as a spouse or adult child. The person would seek damages on behalf of the victim’s estate.
How long does a truck accident settlement take in North Carolina?
A truck accident settlement can take anywhere from a few months to over a year to finalize in North Carolina. The timeline of your case depends on many factors, including the strength of evidence, the defendant’s willingness to settle, and more.
Do you need a Charlotte truck accident attorney to seek compensation from the truck owner?
While you can technically seek compensation on your own after a truck accident, this can be difficult without legal representation. Truck companies are often represented by large, aggressive legal teams that vehemently deny the company’s liability. Having your own experienced legal representation can help you counter the trucking company’s tactics and advocate for your rights within the claims process.
What are the four steps you should follow after a truck accident?
After a truck accident, you should generally call 911, take photos or videos at the scene if you are able to, seek medical treatment promptly, and contact an experienced truck accident attorney in Charlotte, NC. These steps can help you preserve evidence and clarify your options for moving forward.
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YALE HAYMOND LAW PLLC
ADDRESS: 7421 Carmel Executive Park Drive Suite 105 Charlotte, NC 28226
PHONE: 704-800-HELP (4357)
