Truck accidents in North Carolina can lead to severe injuries and complex legal battles. Due to the size and weight of commercial trucks, these accidents often result in significant damage and complicated claims. Understanding the intricacies of truck accident claims is essential for ensuring you receive the compensation you deserve. Here’s what you need to know about handling a truck accident claim in North Carolina.
Multiple Parties May Be Involved
One of the complexities of truck accident claims is the potential involvement of multiple parties. Unlike a typical car accident, where fault is usually limited to the drivers involved, truck accidents can implicate various parties, including:
- The truck driver
- The truck driver’s employer
- The truck’s manufacturer
- The truck’s maintenance providers
- The truck’s cargo loaders
Each of these parties may share liability, making it crucial to identify all potential parties responsible for the wreck.
Federal and State Regulations
Truck accidents are governed by both federal and state regulations, adding another layer of complexity. The Federal Motor Carrier Safety Administration (FMCSA) sets rules regarding hours of service, vehicle maintenance, and driver qualifications. North Carolina also has specific regulations that truck driver and trucking companies must follow.
Understanding these regulations is key to proving negligence. For example, if a truck driver violated hours-of-service rules and caused an accident due to fatigue, this violation is important evidence.
Gathering Evidence
Evidence collection is more complex in truck accident claims compared to standard car accidents. For example, essential evidence may include:
- Driver logs and electronic logging device (ELD) data
- Truck driver employment records
- Maintenance records
- The truck’s black box (event data recorder)
- Surveillance footage
- Witness statements
- Expert testimony
It is crucial to gather and preserve this evidence in a timely manner. Trucking companies often have their own legal teams working to minimize their liability, so it is important to act quickly to secure your evidence.
Severe Injuries and High Stakes
Truck accidents often result in more severe injuries than car accidents, leading to higher medical costs, longer recovery times, and a greater impact on your life. The stakes in these claims are high, as the recoverable compensation for medical expenses, lost wages, and pain and suffering is typically substantial. Therefore, having a thorough understanding of the long-term impact of your injuries and damages is essential to your claim.
Insurance Complications
Trucking companies typically carry large insurance policies, which means substantial funds may be available for an injured truck accident victim. However, these insurance companies typically fight harder to decrease payouts, including through tactics like disputing liability or minimizing your injuries.
Navigating these insurance complications requires a strategic approach and a deep understanding of both the legal and insurance landscapes involved in truck accident claims.
Conclusion
Handling a truck accident claim in North Carolina is a complex process. These wrecks involve multiple parties, federal and state regulations, and intricate evidence collection. Understanding these complexities is crucial for securing the compensation you deserve for your injuries. If you’ve been involved in a truck accident, Ward and Smith is here to help. Contact us today to discuss your case and explore your options for securing the compensation you deserve.
On September 6, 2023, the Department of the Navy ("Navy") announced a framework for evaluating and potentially settling a limited number of claims brought under the Camp Lejeune Justice Act.
Article
Camp Lejeune Water Contamination
Personal Injury and Wrongful Death
Ready to get started?
Contact our team today.
