Huntersville Truck Accident Lawyer

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Huntersville Truck Accident Attorney

If you were injured in a trucking collision, be sure to speak with a Huntersville truck accident lawyer today about your situation. Working with a lawyer, you could receive compensation from the truck driver, the company they represent, or other entities associated with the trucking industry. Your compensation could help with medical bills, lost wages, pain and suffering, and more.

Huntersville Truck Accident Lawyer

Serious and Catastrophic Injury Compensation in NC

While all motor vehicle accidents have the potential to cause serious bodily injuries, getting into a collision with a commercial truck or other large trucking vehicle can be particularly catastrophic.

These vehicles, carrying multiple tons of cargo, can cause extreme damage to motorists in smaller passenger vehicles in the event of a collision. Drivers, passengers, motorcyclists, bicyclists, and pedestrians are significantly more vulnerable to physical injury on a catastrophic level. Severe harm may include crush injuries, brain or spinal cord damage, paralysis, amputated extremities, scars, death, and more.

Those who suffer severe injuries in these accidents have the potential for a lifetime of medical care. The financial obligations associated with that care should not fall on the shoulders of the victim.

Damages in a Truck Accident

Your auto insurance may be able to cover a portion of the damages you incur as a result of a truck accident. In addition, the truck driving company’s insurance could be financially responsible. Unfortunately, insurance companies will seek to settle for the lowest amount possible, often barely enough to cover the part of the financial damages you suffer. In these instances, you can file a personal injury claim against the defendant party for your outstanding losses.

North Carolina personal injury legislation, states that injured plaintiffs are allowed to pursue a full repayment of their economic damages in addition to claiming non-economic losses. Economic damages include the costs of replacing or repairing damaged property, medical expenses for the initial treatment of the resulting injuries along with ongoing and rehabilitative care, wages lost while recovering, and diminished or lost earning capacity/loss of future income.

Non-economic losses such as pain and suffering have no cap limit in North Carolina for truck accident cases. This means the plaintiff is allowed to claim as much compensation as they see as appropriately reflecting the degree of mental anguish, emotional distress, and physical pain they endured. Pain and suffering compensation must be somewhat reasonable and accompanied by proof that speaks to the degree of loss.

Your injury attorney can help you to calculate how much to ask for in pain and suffering. Depending on what compelling evidence is available and the severity of your injuries, how much you can reasonably claim in non-economic losses will influence your claim.

Liability for Trucking Accidents

Trucking accidents may happen for various reasons, but the most common include negligence on the part of the truck driver or their employer. Drivers often carry the heaviest burden and are impacted by many of the following issues:

  • Driving while distracted or fatigued
  • Insufficient driver background checks or training
  • Reckless driving behaviors such as speeding
  • Operating a truck while intoxicated by alcohol or drugs
  • Equipment failure
  • Improper pre-trip inspection of the truck

In order to secure a settlement within a personal injury case, your lawyer must be able to establish the fault of the defendant or their liability to provide compensation for the injuries they caused. This can be provided by evidence, including various forms of proof, including photos and videos associated with the accident, witness testimonies, the police report, and medical bills detailing the treatment required.

It’s important for your injury lawyer to effectively establish liability, and in some cases, this may be contested or difficult to prove. Under North Carolina’s pure contributory negligence laws, victims of traffic accidents are able to receive full compensation only if they are found to be in no way responsible for the incident. This means that if the defendant’s legal representation can prove that you’re even minimally liable for the accident, you cannot receive compensation.

FAQs

Who’s Responsible for Truck Accidents in NC?

In most truck accidents in Huntersville, North Carolina, the truck operator is usually found to be responsible for the incident occurring. It is possible for other parties involved to be partially liable, but this would need to be proven with supporting evidence. Truck drivers or their employers are often liable for traffic accidents due to inadequate hiring or training procedures, improper vehicle maintenance, overworking truck operators, or driver negligence.

Is North Carolina a No-Fault Accident State?

North Carolina follows an at-fault doctrine for traffic accidents. This means that the person responsible for a truck collision is liable to provide compensation through their insurer for the damages caused to the victim. Additionally, at-fault legislation only allows the victim to recover damages, meaning the liable party is not entitled to a settlement payout even if they were also injured. Under this law, if the plaintiff is even slightly responsible for the accident, they lose their right to compensation.

How Is Fault Determined in a Truck Accident in NC?

Each truck accident will entail different circumstances. In some cases, the trucking company or driver is responsible for the accident, and at other times, both parties are equally liable. Your injury attorney will look at the situation of your case to find who’s at fault and collect evidence to support their findings. For example, if the employer overscheduled the driver, they would likely be liable; however, if the operator chose to skip their mandated break, they might be at fault.

How Are Pain and Suffering Damages Calculated in NC?

In North Carolina, thereโ€™s no standard formula to calculate pain and suffering damages. Your legal counsel can help you determine a reasonable amount of pain and suffering to ask for based on the extent of your injuries, how long your maximum recovery is expected to take, and other factors. The court will decide how much pain and suffering compensation to award the victim based on various relevant factors.

Huntersville Truck Accident Lawyer

Allow the experienced and proficient personal injury attorneys at The Law Office of William T. Corbett, Jr., P.L.L.C, to handle your case. Reach out to our legal team today to schedule a meeting with a compassionate and hardworking lawyer.

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