What To Do If You’re Injured Working at FedEx
You may have just been hurt on the job, and now you’re not sure what options are available to you for compensation. If you want to know what t[...]
In a vehicle crash, smaller vehicles are no match for a big truck like an 18-wheeler, and the consequences can be major injuries such as head, back, neck, and brain injuries, spinal cord damage, paralysis, amputations, broken bones, and even death. Large trucks are difficult to maneuver, and when loaded with freight, they may take 20 to 40 percent longer to stop than a small vehicle like a car, so drivers have to be particularly vigilant and skillful to avoid a crash. If you or a loved one was injured or someone has died due to the negligence or fault of a truck driver or other liable party, you may be entitled to compensation for the damages you received through insurance or a personal injury or wrongful death lawsuit.
North Carolina laws regarding vehicle accidents are complex, and insurance companies and trucking companies have high-powered lawyers on their side to try to get you to settle for as little as possible. Fortunately, there is help available from the Charlotte truck accident lawyers at Sumwalt Anderson.
We have extensive experience representing injured people over many decades and know the problems victims of truck accidents face trying to recover from a traumatic truck accident at a time when bills are mounting and you may not be able to work. We will represent your interests with integrity and compassion, always fighting for the settlement amount that you deserve to receive. Call our Charlotte truck accident lawyer today for a free consultation at (704) 377-3770.
You may have just been hurt on the job, and now you’re not sure what options are available to you for compensation. If you want to know what t[...]
Truck accidents not only cause catastrophic and life-changing injuries, but they involve complications that make it essential to know what you are doing in negotiating a fair settlement. There may be multiple liable parties in addition to the truck driver that we need to find, as they may all have insurance and assets. When you hire our truck accident attorneys, we get to work immediately to help you win your case and get optimum compensation. We will:
The sooner we get to work for you, the better, as we need time to build your case and North Carolina has a statute of limitations, a deadline for filing a lawsuit. This is generally a three-year period following the date of the accident. If you do not file on time, the courts will probably refuse to hear your case.
Our team functions more like a family than a group of coworkers. We carry our firm’s philosophy of always trying to pay it forward into our representation of our clients. We will always strive to treat you with compassion and integrity. Our thorough attention to your case will allow you to focus on your healing while we fight for every penny you deserve in a settlement.
There is a wide range of settlement awards possible in vehicle crashes, from the thousands to millions of dollars, and truck accident settlements tend to be high due to the severity of damages trucks can cause. Our attorneys will evaluate the circumstances of your individual case to have a good idea of what a fair settlement would be, depending on the circumstances.
In a successful truck accident case, we will help you receive compensation for both your economic damages, or monetary losses, and your less-tangible non-economic damages that do not have a specific dollar amount, that cover the following:
In all cases, our truck accident attorneys will fight to win you the largest settlement possible that covers all your damages.
The following are questions our personal injury lawyers often get asked about truck accidents:
What are the most common causes of truck accidents?
Driver error and fault such as driving while impaired, distracted, or drowsy are common. Truck drivers can be under tremendous pressure to make time and reach mileage goals to increase profit and may speed or drive recklessly. Other causes include improperly maintained trucks, defective vehicle parts, improper supervision and training of drivers, improperly loaded cargo, and faulty or improperly maintained roads. Any party who contributed to causing the truck accident is a potential defendant in your case.
Is North Carolina an at-fault state?
North Carolina is a “fault state” which means the party or parties found to be at-fault in an accident are responsible for paying for any property damage and personal injuries. The at-fault party’s liability insurance may cover these damages, and you may go beyond insurance and pursue additional compensation by going after the at-fault parties’ assets.
Who are potential defendants in a truck accident?
The Federal Motor Carrier Safety Administration, (FMCSA) strictly regulates the trucking industry. Maneuvering a large truck requires drivers to follow regulations and utilize skill, alertness, and concentration. Trucking company owners need to train and supervise their drivers, keep trucks in good repair, and make sure drivers follow requirements by the FMCSA as to strict rest, break, and sleep schedules. Trucks need to be maintained properly, and cargo companies must make sure cargo is loaded and balanced properly; if this doesn’t happen, responsible parties may be held liable, including:
What if I did something to contribute to the accident?
North Carolina is one of the only states that operates under the contributory negligence doctrine. According to statute chapter 1 article 15, section 1-139, if you are even one percent responsible for the accident you will not be eligible to recover compensation for damages. Since a defendant using this doctrine has the burden of proof, our truck accident attorneys will anticipate this defense and use the facts in the case to show that you are not responsible and the defendant was completely at fault.
To win your lawsuit, our Charlotte truck accident lawyers must prove the defendants in the case were negligent and therefore liable for your damages. We do this by showing the following elements of a case:
Because large commercial trucks are so potentially dangerous, there are many state and federal laws and standards that drivers and companies must adhere to. If truck accidents can be linked to the failure to comply with applicable laws and regulations, these violations can be used to determine negligence or fault.
The Federal Motor Carrier Safety Administration (FMCSA) has hours of service regulations (HOS) which govern truck maintenance, cargo loading, and how many hours commercial truck drivers can drive before they must stop, and these breaks are automatically documented by mandated electronic logging devices. Also, many heavy trucks have data recorders similar to the “black boxes” used in airline crash investigations. These data recorders may contain vital information about the truck, such as speed at the time of the crash and whether brakes were applied.
As a result of this documentation, it is especially important to immediately investigate the facts and circumstances of the accident, before any evidence is destroyed. In addition, our truck accident attorneys work with experts to reconstruct the accident and testify as to how it happened. We also work with experts to testify about the extent, nature, and permanence of your injuries and how your life and earning capacity will be affected into the future.
It may seem that someone driving a truck for work would be far safer in an accident than a driver of a sedan, because of the large size of the truck; however, this is not always the case. Potential injuries from a work-related truck accident could leave the truck driver needing significant medical care or facing long-term health issues. Truck accidents at work can involve falls as well as collisions and impact injuries.
Our workers’ compensation lawyer is ready to help you with your workers’ comp claim after a truck injury at work. As long as the truck accident occurred as you were involved in your typical work duties, you have the option of seeking workers’ compensation in North Carolina.
Drivers operating delivery trucks, semi-trucks, moving trucks, and rental trucks for work could receive worker’s comp after an injury accident. You may suffer an injury while driving, loading, unloading, or maintaining a truck in a number of different scenarios, including:
Understand that when filing a workers’ compensation case in North Carolina, this doesn’t mean your employer has liability for your accident. You cannot sue your employer for a personal injury settlement as part of a workers’ compensation case. If you would like to discuss your options regarding filing under workers’ comp versus starting a personal injury lawsuit, the legal team at Sumwalt Anderson is ready to meet with you. Mark Sumwalt has four decades of experience practicing law in North Carolina. He is ready to apply his experience to your case.
”Attorney Anderson has helped my family members in the past. They all agree that he was very professional and knowledgeable. He put them at ease in handling their workers comp and personal accident cases. Atty Anderson very easily explained all of the steps and kept in communication. I feel very confident recommending him to other friends and family members of mine.” – Kris Cardoso (Google Review)
The legal team at Sumwalt Anderson is aware of how difficult it is to be recovering from serious injuries after a truck accident. We are here to take the burden off you by handling all investigations, dealings and negotiations with insurance companies, and the legal hurdles and requirements involved with getting a settlement, so you can concentrate on getting well and rebuilding your life.
We strive to provide superior representation tailored to the specific needs of each client, and we always treat our clients, adversaries, and professional peers with dignity and respect. We will be there to answer your questions and concerns throughout the process. We have earned the well-deserved reputation of not settling claims until our client has been paid every penny they are entitled to.
Our Charlotte truck accident lawyers offer a free consultation, and you do not have to pay anything unless and until we win your case. Call our team today at (704) 377-3770 so we can get started working for you while evidence in your truck accident case is fresh and witnesses can be found.