Let a North Carolina Truck Accident Lawyer Handle Your Case
Truck accidents often cause catastrophic injuries and death because of the weight of the truck. A fully loaded truck could weigh up to 80,000 pounds (36.29 t).i In addition to the extensive injuries that could be long-term, you might recover damages from several companies related to the truck and driver. If you’ve suffered injuries from an accident involving a big truck, bus or large commercial vehicle, Isaacs & Isaacs will assemble a team of experienced North Carolina truck accident lawyers to fight for the justice and compensation you deserve.
Our team handles a wide variety of truck crash cases, including:
Don’t worry if you don’t see the kind of vehicle that was involved in your crash listed above! Our teams can handle just about anything you can imagine. Reach out to us today for more information about what we can do to protect you after a truck crash, contact the truck accident lawyers Isaacs & Isaacs at 800-800-8888 for a free consultation.
Causes of North Carolina Truck Crashes
Truck accidents that are not your fault could also be the fault of a third driver. If another vehicle causes the truck driver to slam his brakes on, the truck could jackknife. High winds also cause truck accidents. Other causes of truck accidents include:
- Poor driver training.
- A driver taking a curve too fast.
- A reckless driver who might be speeding or otherwise driving recklessly.
- Weather, including icy, wet or snowy roads.
- A driver who is driving under the influence of drugs, alcohol or chemical substances.
- A fatigued and/or tired driver.
- Malfunctioning parts, including brakes, air lines and engine parts.
- Poor vehicle maintenance.
- Incomplete ride checks before the trucker leaves the terminal.
- Poorly managed oversized loads.
- A distracted truck driver.
- A part that was defective from the factory. If the manufacturer issued a recall, part of the liability could fall on the owner of the truck. If the manufacturer did not issue a recall, most, if not all of the liability could fall on the manufacturer.
Negligence is often a cause of truck accidents, learn more by clicking the link below:
I Got Hit By a Truck in NC, Now What?
There are a number of important steps to take after a truck accident in the state of North Carolina. If you are able to move after an accident, check on the other drivers and call emergency services immediately. Get the other driver’s contact, registration and insurance information. Ask any witnesses for their contact information. Take pictures of the accident — make sure you get photos from all angles, including photos of property damage, skid marks and other property damage.Always seek medical advice, even if you do not believe that you are hurt. Some injuries manifest hours or even a day or two later. Finally, always contact a personal injury attorney that specializes in truck accidents. Negotiations and/or a trial for truck accidents are often complicated because of the number of people involved — anyone associated with the truck could face liability for your injuries, depending on the cause of the wreck.
To hear more about what you can do if you’ve been in a truck accident in Arizona and the steps you should take next, listen to the podcast below!
Who Is Responsible? Liability in North Carolina Truck Accidents
In some cases, the truck driver is not the only party at fault in a truck accident. Other parties that might share in liability include:
- The owner of the truck, whether the owner is the driver or a separate person.
- The lessee of a leased truck. The lessee could be the driver or a company that hired a driver.
- The dispatcher, if you can prove that the dispatcher “encouraged” the driver to ignore the hours of service regulations or other safety regulations.
- The person or company that loaded the freight, if someone other than the driver, and if the freight was not loaded evenly to prevent tip-overs. In some cases, such as on flatbed trailers, the company or person loading the freight is responsible to make sure the load is strapped properly, but it is also the driver’s responsibility to make sure the straps and chains remain tight throughout the trip.
- The trucking company.
- The parent company of the trucking company.
- The tractor manufacturer.
- The trailer manufacturer.
- A third-party defendant, such as a company responsible for the maintenance and repair of the truck and/or trailer.
- A part manufacturer if a defective part caused the accident.
- Another vehicle driver that caused the truck driver to lock up his brakes, switch lanes or otherwise caused the truck driver to wreck.
When you discuss the accident with your North Carolina truck accident lawyer, give the lawyer as much detail of the time just before the accident, during the accident and just after the accident that you can. For example, did you notice the load shifting? Was the truck making a strange noise just before the accident? Did the truck spin out just before the accident? Was the accident on a curve? The truck might have been on the correct side of the road, but the trailer could have drifted into your lane.
North Carolina Compensation for Injured Accident Victims
North Carolina insurance works under the tort system. If you are in an accident and are not at fault, the other driver’s insurance covers your injuries and other damages. If you are at fault, your insurance covers the other driver’s injuries and other damages. Damages you could recover include economic damages, non-economic damages and punitive damages.
Special damages, or economic damages, are those that you come out-of-pocket for, including:
- Initial medical expenses as a result of the accident, including a ride in an ambulance or LifeFlight.
- Medical expenses that you expect to arise in the future, including additional surgeries, follow-up appointments, physical therapy, cognitive therapy and psychological therapy.
- Past and future lost wages. If you are able to return to work, but if your injuries prevent you from returning to your old job or a job that pays similar, you might still collect lost future lost wages.
- Medical equipment, including wheelchairs, shower chairs, canes, crutches and other mobility aids.
Household services, in some cases.
- Replacement or repair of property damaged in the accident, including your vehicle and personal property on your person or in your vehicle.
Funeral and burial expenses.
General damages, or non-economic damages, are those you cannot put a price on, including:
- Pain and suffering.
- Loss of use of a body part or function.
- Loss of companionship.
- Loss of consortium, if you cannot enjoy a physical relationship with your spouse.
- Loss of enjoyment of life.
- Inconvenience, if you are not able to do chores you would normally do, such as grocery shopping, housework, lawn maintenance and home maintenance.
Non-economic damages are usually awarded if you lost a loved one or if you suffer from long-term injuries. While insurance companies might have their own definition for long-term injuries, the Social Security Administration defines a long-term disability as one that is expected to last more than 12 months or to result in death.
North Carolina allows plaintiffs to sue defendants for punitive damages. However, the plaintiff must prove that the defendant’s actions were “willful or wanton.” The court orders punitive damages to punish the defendant for his or her gross negligence or intentional acts that caused the accident. While not every court might agree that certain behaviors are grossly negligent, many believe that driving under the influence, excessive speeding or texting while driving is willful or wanton — gross negligence.
The evidence showing that the defendant’s actions were willful or wanton must be clear and convincing. Additionally, a plaintiff may only receive punitive damages if he or she receives compensatory damages.
Justice with a North Carolina Truck Accident Law Firm
When you are involved in a big truck accident, Isaacs and Isaacs will assemble an experienced team of North Carolina truck accident lawyers to fight for the justice and compensation you deserve.
Reach out as soon as possible for a free consultation while the accident is still fresh in your mind. If the accident was bad enough, you could repress memories soon after the accident. Additionally, you have a limited amount of time to file a claim with the insurance companies. North Carolina’s statute of limitations for vehicle accidents is three years, which allows time to attempt a fair and reasonable settlement with the insurance companies.
Contact Isaacs & Isaacs for a free consultation if you suffer from injuries due to a truck accident or if you lost a loved one in a truck accident.
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