Truck accidents differ from ordinary car accidents in the magnitude of the losses involved. In particular, truck accidents witness more losses and greater physical and psychological trauma for the victims.
But suppose the negligent behavior of another party or individual caused the accident? In that case, you can talk to a Kernersville truck accident lawyer to help you investigate the matter and determine if you deserve compensation.
In addition, the lawyer can build a strong case for you and negotiate with the insurance company for a maximum settlement on your behalf. If the case goes to trial, the attorney will represent you and prove negligence on the part of the defendant.
At McIver Law Firm, we have the experience and depth of knowledge needed to get you the compensation that you deserve. Call our office today at 336-727-9886 to schedule a free consultation with our Kernersville personal injury lawyer.
How Can a Kernersville Truck Accident Lawyer Help You?
A truck accident driver is an example of a personal injury lawyer but with special knowledge and experience in handling cases involving truck accidents like big rigs, semi-trucks, tractor-trailers, 18-wheelers, and other huger commercial vehicles.
Their area of professional specialization is generally referred to as tort law, and they represent truck accident victims from the point of investigation until the end of the case, which may be a settlement or court trial.
Generally, Kernersville truck accident lawyers can help victims of a truck accident in the following ways:
#1. Identifying those responsible for the accident and correctly apportioning the burden of blame among the liable parties.
You can immediately call a truck accident lawyer for initial consultation and guidance in establishing the facts of the case and determining the parties responsible for the accident. After that, the lawyer will provide you with the legal options you can pursue.
#2. Gathering of evidence to prove the guilt of the liable party or parties.
They visit the accident scene, collect evidence, including police accident reports, photographs, and witness statements, and obtain possible CCTV footage and the truck’s onboard electronic data. They also assess the damage to the victim’s vehicle, which will be sued to lodge a claim.
#3. Determining and apportioning liability
Multiple parties can be responsible for the truck accident, such as the truck driver, trucking company, manufacturing company, insurance companies, government bodies, or shipping companies that loaded cargo on the truck. Your lawyer will analyze the case’s particulars and determine the parties that should take the blame for the accident.
#4. Negotiating with the insurance company for concessions and settlements.
The truck accident lawyer studies the insurance policy and acts as your legal representative during negotiations with insurance companies and in other meetings related to the settlement of the matter.
Essentially, the attorney provides victims of a truck accident a decent chance for a fair hearing of their case and securing maximum compensation for their losses and injuries.
Kernersville truck accident lawyers also take a leading role in assessing and calculating the losses and damages incurred by truck accident victims. These damages may include:
- Medical bills (both existing and potential)
- Foregone earnings
- Value of damaged property
- Physical pain and suffering
- Emotional suffering
- Wrongful death
#5. Initiating legal action against the guilty party or parties on behalf of the injured.
If settlement negotiations do not bear fruit, the lawyer begins legal proceedings against the parties and represents the victim during trial.
What Regulations Govern Truck Drivers In NC?
These regulations are formulated and enforced by the Federal Motor Carrier Safety Administration (FMCSA) and are meant to provide safety to all road users. They are focused on the following factors:
Hours of Service
The hours of work refer to the duration truck drivers are allowed to operate their trucks before they take a compulsory rest period. For example, truck drivers should operate their trucks for 11 hours before taking a 10-hour mandatory rest.
In addition, truck drivers are prohibited from driving for longer than 60 hours in seven consecutive days.
Regular Inspections
These regular inspections aim to ensure the trucks and other large commercial vehicles are in good condition and adhere to safety standards. The truck’s brakes, tires, lights, cargo compartments, fuel systems, and the driver’s work documents must be in order.
Substance Abuse Testing
Truck drivers on North Carolina roads must test for drug, alcohol, and substance abuse. These tests are undertaken during specific situations, such as the pre-employment period, post-accident testing, follow-up testing, and random tests based on reasonable suspicion of substance abuse.
Clear Markings
Federal law requires trucks to clearly display certain markings, including the company’s name, vehicle identification number, United States Department of Transportation (USDOT) number, and other necessary identification and safety information.
The goal of the clear markings is to ensure the truck is clearly identifiable, together with details of the vehicle and the trucking company.
Dangerous Truck Driving Behaviors
The main behaviors related to the driver that cause truck accidents can be grouped into four major categories. They are:
Decision-Making
At 38%, poor decision-making accounts for the most significant proportion of truck accidents and includes a lapse in judgment resulting in speeding, following the car in front too closely, and driving fast without regarding conditions like weather and state or design of the road.
Recognition
Recognition causes describe instances when the truck driver is too distracted and absentminded that they cause an accident. Usually, these causes are responsible for 28% of truck accidents.
Non-Performance
Non-performance causes of truck accidents describe instances when the truck driver could not respond appropriately because they were physically impaired. Such instances include falling asleep when driving or suffering an impairment like a heart attack or seizure. Usually, non-performance causes are responsible for about 12% of truck accidents.
Performance
Performance-related causes of truck accidents refer to instances when the driver panicked and lost control of the truck while driving. These causes account for 9% of truck crash accidents.
How Does a Truck Accident Differ from a Car Accident?
Here are three main ways car accidents differ from commercial truck accidents.
More Stringent Regulations
Unlike ordinary car usage, the trucking industry is regulated by a complex legal framework, specifically the Federal Motor Carrier Safety Administration (FMCSA) laws.
For this reason, car accidents can be handled by a personal injury lawyer while truck accidents are best suited for truck accident lawyers with specialized knowledge and experience in the commercial trucks industry.
More Catastrophic
Cars can maneuver rather quickly than trucks. Therefore, commercial truck accidents tend to be more catastrophic than car accidents. It is no wonder the truck industry has had the greatest fatality in the United States since 2008.
Complex Causes
Truck accidents can be caused by a more diverse set of reasons, including poor cargo loading and poorer visibility than conventional cars. Consequently, investigations involving truck accidents are more complex than car accidents.
What Caused the Accident?
A 2007 FMSCA study conducted on commercial trucks concluded that most accidents are caused by:
- A commercial truck veering off its driving lane and got into the path of another car. This cause of the accident was observed in 32% of the trucks analyzed by the study.
- Another 29% of the truck accidents were caused by mechanical failure, over speeding under unfavorable conditions, poor loading of cargo, and bad state of roads.
- Rear-end crashes with another vehicle on the truck’s path were responsible for 22% of truck accidents.
Truck accidents can be mainly attributed to the exhaustion of the driver, braking issues, absentminded truck driving, driving under the influence of drugs and alcohol, driving too fast while disregarding the existing conditions, and traffic congestion, among others.
Do I Have a Case?
You will have a case if you (or your attorney) can prove these three conditions on account of the evidence available:
- That the driver had a duty of care to other people and motorists.
- The truck driver did not exercise their duty of care, and their actions or inactions caused the accidents.
- Show a link between the accident and the losses and injuries you suffered as a victim. This proves your injuries and damages resulting from the accident originated from the driver’s negligence.
What Happens If I Was Partially at Fault?
It is always advisable to call a qualified truck accident attorney for legal advice before you admit culpability. The lawyer will guide you on what to do, including helping collect evidence.
Ideally, all truck accidents must be investigated before any compensation claim is made or court proceedings are begun. Here, a Kernersville truck accident lawyer is best positioned to help you determine the parties responsible for the accident and the chances of success or failure if the case goes to trial.
We recommend you call McIver Law Firm through our number 336-727-9886 as soon as possible and get the legal counsel you need.
Who Am I Suing in a Truck Accident Case?
The liable party will be determined by the police and the insurance and lawyer investigations. Here are a few of the potential liable parties for a truck accident:
Truck Driver
The truck driver is liable for the accident if it can be proven they were speeding, driving aggressively, driving when tired or distracted, or driving overloaded commercial trucks.
Owner of Truck
Under the principle of vicarious liability, the owner of the truck is responsible for the accident if they knowingly hand over the truck to an incompetent and untrained driver who should not be driving the vehicle.
The owner of the truck can also be responsible if they neglect to repair the truck and the faulty components lead to the accident.
Trucking Company
The trucking company can be blamed for the accident if it is proved that they did not conduct a comprehensive background check on the driver at the pre-employment screening stage. Such checks help to unearth the driver’s past traffic rules violations, such as DUI or reckless driving (if any).
The trucking company can be liable if it fails to train the driver correctly, thus permitting their employee to drive a huge commercial truck without the necessary skills and experience. The trucking company can also be sued for allowing faulty trucks that need repair to be on the road.
Manufacturers of the Truck
The manufacturer of the truck can be responsible for the truck’s accidents caused by defective vehicle components, poor design of the truck and components, and deliberate misrepresentation of facts in marketing campaigns.
Should I Speak to the Insurance Claims Adjuster?
No. Victims of truck accidents are not encouraged to deal with the insurance company on their own to increase their chances of obtaining maximum compensation and saving time.
Indeed, the insurance company will invest in competent legal counsel to avoid paying huge compensations to the accident victims. The company’s lawyers will mount legal challenges – one after another to frustrate the innocent victim from getting fair compensation.
Accident victims should equally work with professional truck accident lawyers to save time and secure the maximum compensation.
What is the Average Settlement for a Truck Accident?
The value of the settlement varies from case to case depending on the factors such as:
- The cost of Medical bills (both existing and potential)
- Value of lost earnings as a result of the accident
- Value of damaged property
- The physical pain and suffering caused by the accident
We encourage you to talk to a qualified truck accident lawyer to help you assess the value of your claim.
How Long Will the Settlement Take?
The duration settlements take differs from case to case depending on the specific facts and circumstances of the accident, the extent of injuries suffered, the insurance policies involved, and the competency of the truck accident attorney you hire.
However, talking to a truck accident lawyer immediately after the accident occurs is necessary to help gather evidence reliably, build a strong case and increase your chances of getting fair compensation or justice in court.
Remember, most trucking companies can start covering up for their negligence by preserving or “hiding” evidence even before the accident victims begin to take action against them. Some of the vital information that can “mysteriously” disappear in the hands of the trucking company include the vehicle’s black box data and maintenance reports and the driver’s essential employment information.
Therefore, the quicker you engage a Kernersville truck accident lawyer, the better your prospects of building a solid case and the faster the case can be concluded.
Call an Experienced Truck Accident Lawyer in Kernersville
Commercial truck accidents are unfortunate occurrences and often lead to significant damage and injuries. However, victims of truck accidents who believe the negligent actions of another caused the accident can claim compensation or begin legal proceedings against the guilty party.
Certainly, most victims of truck accidents lack the requisite skills and knowledge to navigate the complex legal framework regulating the commercial truck industry and fail to obtain the compensation they deserve.
In such circumstances, the victims can get the legal counsel and representation they need by hiring an experienced truck accident attorney. These lawyers have specialized in truck accident litigation and are usually the best bet for you to obtain maximum compensation.
Are you searching for a reliable truck accident lawyer in Kernersville? Here are the qualities to look out for:
- Prior work experience handling truck accident cases
- A proven winning rate of truck accident cases
- A solid understanding of trucking laws and regulations
- Strong communication and negotiation skills
- Client-friendly fee structure
Are you seeking a professional truck accident lawyer in Kernersville and North Carolina? We encourage you to call McIver Law Firm today through the number 336-727-9886 and get legal advice you can trust.
We have vast experience in truck accident cases with a high winning rate. We are empathetic and eager to respond to any questions you may have regarding your case.
