Mooresville Truck Accident Lawyer

Experienced Truck Accident Attorney in Mooresville

North Carolina’s economy depends on commercial trucks, and these large vehicles are a staple of the entire country’s supply chain. Commercial trucks are responsible for carrying billions of tons of cargo throughout the country each year, and most drivers in the Mooresville area encounter them on local roads regularly without issue. However, truck accidents do happen in Mooresville, often with devastating effects. If you or a family member recently suffered injuries in a truck accident, you need an experienced Mooresville truck accident lawyer.

Helping Truck Accident Victims Recover in Mooresville, NC

The Law Office of William T. Corbett, Jr., P.L.L.C., has years of experience in personal injury law. We handle a wide range of complex vehicle accident cases, including those pertaining to commercial trucks.

While many of these incidents happen for the same reasons that standard passenger vehicle accidents occur, the reality is that these cases are often more complex due to the severity of the damages they cause and the complex issues of liability that often arise in victims’ recovery efforts. Despite how straightforward your case may appear to be, the reality is that you could face a wide range of unexpected legal challenges as you seek compensation for your damages.

Determining Liability for Trucking Accidents

In most automotive accidents, liability is relatively straightforward. It typically lies with one or more of the drivers involved in the crash. While truck drivers can be held liable for negligence, other parties could also contribute to causing a trucking accident.

According to recent research, around 60% of truck crashes are due to issues not under the control of the motor carrier. Other parties that can be held liable for truck accidents include:

Trucking Companies

You could hold the trucking company directly liable for the crash if it failed to obey the Federal Motor Carrier Safety Administration’s regulations by:

• Not providing adequate training
• Failing to drug and alcohol test its drivers
• Not maintaining their vehicles up to reasonable standards

Even if the company is not directly liable, the doctrine of respondeat superior may mean that it can be held vicariously liable for its drivers’ actions. This is true, in some cases, even for independent contractors.

Cargo Loaders

Improperly loaded cargo can contribute to truck crashes in several ways. Unsecured cargo can escape a trailer, causing road hazards for the vehicles behind the truck. It can also shift while traveling, which can cause the driver to lose control through no fault of their own. When these kinds of issues come up, the cargo loaders may hold some liability for the crash.

Maintenance Contractors

The fleet maintenance company or mechanics responsible for keeping trucks in good operational condition can also be held liable for damages if improper maintenance or botched repairs contributed to causing the crash. A mechanic who performed a brake job improperly could be held liable, for example, if a trucker was unable to brake safely and hit your vehicle. A fleet maintenance company could also be partially responsible if the truck was not properly maintained.

Leasing Companies

If the truck that hit you was leased, several entities may share responsibility for the crash, depending on the contract that was in place. Your attorney can determine who holds liability.

Truck Manufacturers

If a vehicle manufacturing or design error contributed to causing your crash, the truck or parts manufacturer that caused the issue could hold some responsibility.

Local Municipalities

As with car accidents, poorly maintained roads or inadequate signage can contribute to truck crashes. When this is the case, the Town of Mooresville Public Works Department may share responsibility for the crash if it occurred on local roads. If it happened on state roads, the North Carolina Department of Transportation may hold some blame.

You can trust your attorney to identify all the potential liable parties so that you can seek full compensation for your claim.

Proving Liability for a Truck Accident in Mooresville, NC

The first step in recovering from any vehicle accident is proving fault for the incident. You must identify the driver responsible for your accident and then prove the full extent of the damages they caused if you want to succeed with your case. A few of the most commonly reported causes of truck accidents in the Mooresville area include:

• Distracted driving. Whenever any driver becomes distracted while operating their vehicle, they put themselves and all others around them at risk. Cell phone use is the most commonly cited form of distracted driving throughout the United States, and your Mooresville truck accident attorney can be invaluable for gathering the evidence needed to prove that an at-fault driver was not paying attention when they caused your recent accident.
• Speeding. It is dangerous for any driver to exceed the speed limit, but this is especially true for truck drivers. Their large vehicles require much more time and distance to slow down or stop to avoid collisions. Speeding is not only a leading cause of all vehicle accidents in the state each year but also a top reported cause of fatal accidents.
• Driving while intoxicated (DWI). It is against the law for any driver to operate a vehicle under the influence of alcohol or drugs. If a truck driver caused your recent accident in this manner, they would face criminal prosecution and loss of their commercial driver’s license, along with civil liability for your damages.
• Trucking company negligence. It’s possible for a truck driver’s employer to share fault for the actions of their employee. For example, if a trucking company never performed an appropriate background check on a driver who then caused an accident, the employer would likely face vicarious liability for the driver’s actions. Your Mooresville truck accident attorney can advise you as to how vicarious liability might influence your recovery efforts.

Once you have successfully asserted fault for your accident, you can proceed with claiming compensation for your losses through an auto insurance claim followed by a personal injury claim. However, if you bear any partial liability for the accident, it could prevent you from claiming compensation from the defendant.

North Carolina enforces the contributory negligence rule, so any measure of plaintiff fault bars them from securing compensation for a personal injury. If you have any concerns about bearing partial fault for your recent truck accident, you must speak with a Mooresville truck accident attorney as soon as possible.

FMCSA Regulations and Truck Accidents

If a trucker or a trucking company fails to follow the Federal Motor Carrier Safety Regulations, that fact can be used to prove negligence per se, meaning that you don’t need to have further evidence of driver or company negligence. Relevant regulations include:

• Limitations on driving time. Truck drivers can only spend 11 hours of time within a 14-hour duty window on the road. If the driver who caused your crash violated this regulation, it proves negligence per se.
• Vehicle maintenance standards. Trucking companies are required to establish maintenance and inspection programs that meet FMCSA regulations. They must keep detailed repair and inspection records to prove that their trucks are roadworthy and safe. A failure to do so automatically proves negligence.
• Driver qualification requirements. There are higher standards for commercial drivers than ordinary passenger vehicle operators. Commercial driver’s license (CDL) holders must pass a more advanced road test, complete special training, and pass the DOT medical exam. Their qualifications are continuously monitored. Drivers operating vehicles without meeting these qualifications are considered negligent.
• Drug and alcohol testing protocols. The companies that employ truck drivers must test them regularly for drug and alcohol use. Companies must perform pre-employment testing, post-accident testing, random testing, and testing upon reasonable suspicion of drug or alcohol use. If your driver did not pass these tests, your attorney can use that fact to hold them responsible in court.

It’s important that you contact a lawyer right away after your truck accident, as it can be difficult to obtain the evidence required to prove that the driver or trucking company failed to follow FMCSA regulations if too much time passes. Your lawyer can see that those responsible preserve evidence, such as driver logs, vehicle maintenance records, and inspection reports.

Filing Your Auto Insurance Claim for a Truck Accident in Mooresville, NC

The state’s fault rule for vehicle accidents means that every driver is required to carry liability insurance, which can be used if they cause an accident and harm another driver. Once you have proven fault for a truck accident, you can proceed with filing your auto insurance claim against the truck driver or their employer.

Most trucking companies maintain greater insurance coverage than the average driver, but do not take this as meaning that:

• You can fully recover your damages with insurance alone.
• The insurance company would handle your claim in good faith.

Most insurance companies train their representatives to look for reasons to deny claims or offer the lowest possible settlements. Your Mooresville truck accident attorney can be a valuable asset for the claim filing process. Once an insurance company notices that you have legal counsel, they may be less likely to attempt any unethical handling of your claim.

Your attorney can gather whatever documents you need to submit to the insurance company and address any issues they raise against your claim. Once you receive a settlement offer, your attorney can review it to see if it is reasonable under the terms of the policy.

Recovering Compensation With a Personal Injury Claim

When auto insurance cannot fully compensate your damages, or if the defendant does not have appropriate insurance coverage, you have the right to proceed with a personal injury claim against the defendant, seeking compensation for all outstanding losses. North Carolina’s personal injury laws allow a plaintiff to claim full repayment of their economic damages. These are likely to include:

• Property damage. The defendant’s insurance may have covered some vehicle repair costs, but any property losses not covered by their insurance can be claimed as economic damages in your personal injury
• Medical expenses. The risk of severe injury is very high in a truck accident, and the defendant who caused your accident is liable for any medical expenses you incur in the aftermath. These include future medical treatment costs if you suffered any severe injuries that could require ongoing therapy and rehabilitative care beyond initial treatment. Your Mooresville truck accident attorney can pursue appropriate compensation for all medical treatment costs you incur from your accident.
• Lost wages. When a plaintiff cannot work due to their personal injury, the defendant is liable for the income they cannot earn during recovery. Your attorney can also seek compensation for the value of any vacation time you were forced to use after your accident.
• Lost earning capacity. Unfortunately, many truck accident victims are left permanently disabled by their injuries and cannot return to work in the future. If this applies to your situation, the defendant is liable for the future wages you can no longer Your Mooresville truck accident attorney can calculate how much income you would have reasonably expected to earn in the future, based on your prior earnings and the number of years you would have likely been able to continue working.

The average person can usually calculate immediate economic damages, like vehicle repair costs and hospital bills, but accurately calculating long-term damages is more difficult.

When you choose the right attorney to handle your case, you might discover that you have grounds to seek much more than you initially anticipated. However, beyond your economic damages, you also have the right to claim pain and suffering compensation from the defendant who caused the accident.

There are no caps or limits on pain and suffering compensation for plaintiffs in truck accident claims under North Carolina’s truck accident laws. This means you have the right to claim as much as you believe appropriately reflects the severity of the harm you suffered.

Your attorney can provide valuable guidance on this aspect of your case. They may seek pain and suffering compensation to reflect your recovery time if you are expected to make a full recovery. Alternatively, they may pursue a large lump sum if you suffered catastrophic injuries with permanent effects.

Finalizing Your Personal Injury Claim for a Truck Accident in Mooresville, NC

Most of the personal injury cases filed each year do not end in the courtroom. Generally, the parties involved in these cases strive to avoid litigation whenever possible to save time and money. As long as the plaintiff and the defendant are willing to negotiate, the case can be resolved through private settlement. However, if the defendant denies liability or refuses to settle the claim, the case must go to trial, and litigation may decide the final outcome.

When you choose The Law Office of William T. Corbett, Jr., P.L.L.C., to represent you in a truck accident case, we are committed to pursuing a full settlement in the shortest possible amount of time. However, William T. Corbett, Jr., is a seasoned litigator, so our firm can represent you in court, if necessary, to resolve your case.

FAQs

How Much Are Most Truck Accident Settlements Worth?

How much most truck accident settlements are worth varies. Factors that can influence the worth of your claim include:

• The severity of the injuries you incurred during the accident
• Your other damages
• The level of insurance coverage carried by the trucking company responsible for the accident
• Your attorney’s skill at negotiating

Can I Afford a Truck Accident Lawyer?

You can afford a truck accident lawyer, even if you don’t have much money, because most of them work on a contingency fee basis. That means your attorney does the work without you having to put down a retainer. Then, if they succeed with your case, they take a previously agreed-upon percentage of the final settlement amount in lieu of an upfront attorney’s fee.

What Should You Not Say to a Personal Injury Lawyer?

You should not lie to a personal injury lawyer by claiming not to have been at fault when you were, or exaggerating the severity of your injuries. Your attorney needs to understand the facts of the case to provide you with representation, and hiding information from them can cause unwelcome surprises should the defense find out the truth. Always be honest with your lawyer.

When Should I Hire a Truck Accident Lawyer?

You should hire a truck accident lawyer as soon as possible after the accident occurs. Your top priority should always be protecting your health and safety by seeking medical care right away. However, once you are medically stabilized, you should contact an attorney immediately so that they can have access to evidence, such as surveillance videos, that might not be available later.

How Common Are Truck Accidents?

Truck accidents are relatively common in North Carolina. In 2024, there were 4,800 accidents involving semi-trucks in the Tar Heel State, 73 of which were fatal and 1,028 of which caused injuries. Another 2,290 accidents were caused by single-unit trucks with three or more axles, and 398 unknown heavy trucks caused accidents. I-77 is known to be a particularly noteworthy hotspot for these incidents.

Contact A Mooresville Truck Accident Lawyer Today

You have a limited time in which to pursue your recovery after another party has caused a damaging truck accident, and the sooner you reach out to an attorney you can trust, the more time they have to effectively seek fair compensation from the defendant.

The Law Office of William T. Corbett, Jr., P.L.L.C., can ready to help explore your options for legal recourse in the aftermath of your recent truck accident, so contact us today and schedule your free consultation with a Mooresville truck accident attorney you can trust.