Thousands of people sustain serious injuries or even lose their lives in the state of North Carolina. Truck accidents almost always cause severe injuries and fatalities and can instantly affect the lives of the victims.
Luckily, NC law allows people to seek compensation for damages incurred, but this process is not always easy, particularly due to the many factors and parties that may be involved.
If you have been a truck accident victim, we highly recommend you hire a Clemmons truck accident lawyer. At the McIver Law Firm, we are committed to helping truck accident victims seek the justice they deserve.
We will aggressively fight for your rights. Call our offices at 336-727-9886 for a free initial consultation with our Clemmons personal injury lawyer.
How Does a Truck Accident Differ From a Car Accident?
Truck accidents tend to be more severe due to the size and weight of these vehicles. Trucks can way up to 80,000 pounds, which is over 30 times more than the average personal car.
In addition, they have a higher center of gravity (COG) compared to cars, making them more likely to roll over in case of an accident. Trucks also have larger blind spots compared to cars, making it harder for truck drivers to see other vehicles.
What Caused the Accident?
There are a number of factors that lead to truck accidents in the state of North Carolina. These include:
- Driver fatigue
- Speeding
- Reckless driving
- Driving while intoxicated
- Oversized or improperly secured freight
- Poor road maintenance
- Lack of truck maintenance
- Inexperienced or poorly trained drivers
Who Can You Sue?
A Clemmons truck accident lawyer can help you to determine the guilty party in your individual case. Following a trucking accident that was not your fault, you can be able to sue the following parties:
Truck Driver
The driver is tasked with driving the truck safely, keeping others on the road in mind. If they were negligent, like by driving while intoxicated, or speeding, you can sue them for the accident.
The Trucking Company
The trucking company is tasked with hiring and training truck drivers. If they failed to do so, you can sue them for your injuries and losses.
The Truck Manufacturer
The manufacturer is responsible for designing and making a safe truck. If the vehicle was defective, you may have a case against them.
Owner of the Cargo
If the cargo on the truck was defective like being improperly loaded, you can sue the load’s owner for your injuries.
Do I Have a Case?
To determine whether you have a trucking accident case, you should consider the following aspects:
- Severity of Your Injuries – if you have sustained severe injuries, you can make a claim. This includes injuries like traumatic brain injuries, broken bones, fractures, etc.
- Truck Driver’s Fault – If the truck driver acted in a negligent manner, like driving while intoxicated, distracted while on the road, or driving recklessly, you may have a case.
- Defendant’s Financial Resources – If the truck driver or trucking company has the financial resources to pay for your damages, you may have a case.
- Laws of the State – The state has laws that may affect whether you have a case. This includes the limit of the amount of damages you can recover in a truck accident claim.
It’s imperative to keep in mind that you should not solely rely on these factors to determine whether you have a claim. Consult an experienced Clemmons truck accident lawyer to discuss your specific situation.
What Regulations Govern Truck Drivers in NC?
As with other states, North Carolina has several regulations regarding truck drivers and the operation of commercial trucks. Here is a few of the laws:
Hours of Service (HOS)
HOS regulations stipulate the maximum number of hours a truck driver can operate a commercial motor vehicle before taking mandatory breaks. In NC, the basic service rules for truck drivers are:
- 14-hour driving window: Truck drivers can drive for a maximum of 14 consecutive hours after coming on duty.
- 10-hour off-duty: After driving for 14 hours, truck drivers must take a minimum of 10 consecutive hours off-duty.
- 30-minute break: After driving for 8 consecutive hours, truck drivers must take a 30-minute break. This break can be taken in two 15-minute increments.
- 60/70-hour duty limit: Truck drivers can only be on duty for a maximum of 60 hours in a 7-day period or 70 hours in an 8-day period.
- 34-hour restart: After driving for 60 or 70 hours in a 7- or 8-day period, truck drivers must take a minimum of 34 consecutive hours off-duty before they can drive again.
Regular Inspections
Truck drivers are expected to do pre-trip and post-trip vehicle inspections to diagnose and address any issues. They are required to ascertain their trucks meet the set maintenance and safety standards to prevent mechanical failures that might lead to an accident.
Substance Abuse Testing
Truck drivers are subject to mandatory substance abuse testing as per federal regulations. These tests include pre-employment screenings, post-accident testing, reasonable suspicion testing, and random testing.
Violating these regulations can lead to penalties and even disqualification from driving.
Clear Markings
Trucks in the state of North Carolina are also required to be properly marked. This includes visible and clear markings on the truck’s exterior as well as proper documentation on board.
How Can a Clemmons Truck Accident Lawyer Help You?
Peace of mind when recovering from an accident is important and only the right representative will help achieve this. A personal injury lawyer will also help ensure you do not make any mistakes that might jeopardize your case.
Here are other important aspects where a personal injury lawyer can be useful:
Investigation
Videos, photos, and statements from the incident will come in handy, but a seasoned lawyer in this field of law will know who to talk to and garner important information. In order to make your case more concrete, they might need to recover trucking logs, footage from any nearby cameras, police reports, expert opinions, etc.
Filing Your Claim
Truck accident claims are best handled by experienced lawyers. Even if you know how to go about the process, a legal professional will increase your chances of winning.
Handle Negotiations
The truck driver or trucking company insurance company and lawyers will certainly reach out and even offer a settlement. A quick settlement can be tempting as it not only expedites the process but gives you access to funds you desperately need.
However, they will almost likely lowball you in order to protect their bottom line and you’ll be left with inadequate funds. A lawyer can handle the negotiations to ensure you get fair compensation.
Litigation
In some cases, negotiations may not bear fruit and the only option left is to go to court. This adds a layer of complexity to your case that you may not be able to handle on your own. An experienced truck accident lawyer will be ready to prepare a solid case and represent you accordingly.
What is the Average Settlement for a Truck Accident?
Since each case is unique, there’s no figure set in stone for how much a truck accident claim is worth. There are several factors that come into play including the type and nature of injuries sustained, the amount of losses or damage caused, whether you’re unable to continue working, etc.
An experienced Clemmons truck accident lawyer will help you determine the amount of money you should seek in compensation.
How Long Will the Settlement Take?
In NC, a trucking accident can take anywhere from a few months to several years to settle. The period will depend on an array of factors like the severity of your injuries and the complexity of the case.
Claims involving minor injuries will generally take shorter to resolve while those involving severe injuries tend to take longer. It is best to consult a Clemmons truck accident lawyer to determine what your individual case may entail.
Hire the Best Clemmons Truck Accident Lawyer in North Carolina!
Truck accidents tend to leave severe injuries and even fatalities and you need to protect your rights if you are a victim. Do not hesitate to seek professional legal help by hiring a Clemmons truck accident lawyer.
Call a trusted Clemmons personal injury attorney at McIver Law Firm today at 336-727-9886 to get started!
