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You may be able to hold the truck driver who caused your Polk County crash responsible for their negligence. You could also have a case against their employer under the state’s respondeat superior doctrine. Farmer & Morris Law, PLLC handles these cases for victims in Columbus, Tryon, Saluda, and nearby areas.
A Polk County truck accident lawyer from our team provides free consultations to victims. We are available to speak to those who suffered injuries and losses or the families of those who passed away in these incidents today.
Our Attorneys Seek Financial Recovery for Victims in Polk County
Injured victims of truck accidents can get justice in their case by filing an insurance claim or lawsuit against the at-fault parties and recovering compensation for the harm they suffered. This includes:
- Financial costs and losses
- Physical injuries
- Psychological harm
Some common examples of these include:
- Medical bills
- Future treatment and care for your personal injuries
- Lost income and diminished earning ability
- Vehicle damage repair or replacement
- Rental car costs
- Pain and suffering damages
Wrongful Death Losses in Truck Crashes
When a family member dies from their injuries in a truck accident, you may be able to recover compensation for some of your damages, as well. A wrongful death claim could entitle you to receive money for:
- Your loved one’s medical treatment before their death
- Their conscious pain and suffering as a result of the accident
- Reasonable funeral and burial expenses
- The income lost because of their death
- “Services, protection, care, and assistance” lost to your household when they passed away
- Your intangible losses, including “society, companionship, comfort, guidance, kindly offices, and advice.”
Our team tries these cases and fights for the justice your family deserves after losing your loved one. If there is evidence to prove the trucker caused the crash and the trucking company is vicariously liable, we will develop a case against both of them and seek compensation for you to the extent allowed by North Carolina law.
How an Attorney From Our Team Can Help With Your Truck Accident Claim
A truck accident attorney can help you understand your legal options for pursuing compensation based on the facts of your case. Our team will review your case for free and explain how we will prove negligence against the truck driver and/or trucking company.
We work based on contingency fees. This means that we do not charge an hourly fee or ask for a retainer. We do not ask you to pay anything upfront. Unless we secure compensation for you, you will not pay any attorney fees. Our fees come from the settlement or award we obtain in your case. This allows any accident victim to cover the cost of working with our legal team on their case.
Determining Liability for Your Accident With a Commercial Truck
Our truck accident attorneys know how to prove what happened in a crash and hold those at fault responsible. This includes:
- Obtaining and analyzing the police accident report
- Interviewing witnesses
- Gathering evidence
- Conducting accident reconstruction
- Working with experts as needed
North Carolina, like other states, recognizes the legal doctrine of respondeat superior.
When a driver is behind the wheel of a large truck, they are likely “within the scope of employment.” Under legal doctrine and numerous case law examples, the driver’s employer is also legally liable for their negligence. This is known as vicarious liability.
In Troxler v. Charter Mandala Center, Inc. and Charter Medical Executive Corporation (1988), the court’s decision states:
“To be within the scope of employment, an employee, at the time of the incident, must be acting in furtherance of the principal’s business and for the purpose of accomplishing the duties of his employment.”
What Can I Do To Recover Damages?
Recovering damages for your truck accident injuries and expenses is possible through one of two actions:
- Filing an insurance claim based on the liable parties’ insurance coverage
- Suing the responsible parties in a Polk County civil court or another appropriate jurisdiction
We will navigate both of these processes for our clients. While most cases settle outside of court, we investigate, develop, and handle each case like it might go to trial. We want to have a strong enough argument to convince a judge and jury to award you just compensation even if we never file a lawsuit.
North Carolina Law Limits Your Time To Take Legal Action Against the At-Fault Party
We sometimes need to take a case to trial if the insurer denies a claim, refuses to negotiate in good faith, or will not accept responsibility for their policyholder. There are deadlines we must meet if we need to sue in your case. They generally include:
- Three years in an injury case under G.S. § 1-52
- Two years in a wrongful death case under G.S. § 1-53
Under some circumstances, there may be exceptions to the statute of limitations that alters the deadline in your truck accident case. We encourage you to act as quickly as your injuries allow to ensure we can identify and address any concerns about this during your consultation.
Contact a Truck Accident Attorney From Our Firm To Get Started Today
Farmer & Morris Law, PLLC has team members ready to evaluate your legal options and next steps today for free. We will assess the strength of your truck accident case and explain how we can help. We are here for you and will fight for justice on your behalf.
Call (828) 286-3866 to speak with a member of our legal team today.
