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Truck accidents that involve passenger vehicles carry a higher risk of severe and fatal injuries. Commercial vehicles often weigh several tons more than typical cars, meaning that the impact of an accident can be especially violent and destructive. While exercising caution and adhering to traffic laws can help avoid an accident, even the most careful drivers can sometimes find themselves in an accident.
If you suffered injuries related to a truck accident on U.S. 221, U.S. 74, or anywhere near Spindale, NC, contact Farmer & Morris Law, PLLC, for a free consultation. A Spindale truck accident attorney can investigate your accident, determine liability, and fight for the fair compensation you and your family need to recover. Call us today to learn more about your legal options and how a Spindale personal injury lawyer can help.
Common Causes of Truck Accidents
Most truck accidents can be the result of errors made by drivers, including:
- Distracted driving, such as using electronic devices
- Reckless driving, including speeding
- Impaired driving, as in having a BAC of 0.04% or greater
- Fatigue due to exceeding hours of service regulations
In addition to those errors, the cause of the accident could also be from the following:
- Mechanical failures, such as faulty parts
- Loose and falling cargo
- Lax hiring practices and poor training
All drivers have a responsibility to follow traffic laws to improve safety. When you sustain injuries from a truck accident, you may be entitled to collect financial compensation from the at-fault driver. However, the truck driver may not be the only liable party in your accident.
Determining Liability in Your Truck Accident
Following an accident that involves a commercial truck, there may be multiple parties at fault that you could pursue for compensation, such as:
- The other driver
- The other driver’s employer
- The truck or part manufacturer
- The maintenance crew
- Cargo loaders and shippers
Our legal team may even identify a local municipality at fault due to poor road maintenance.
Our Spindale Truck Accident Attorneys Will Identify All Liable Parties
What our Spindale truck accident lawyers do is work towards identifying:
- Who was at fault
- How the accident occurred
- Who is liable
The reason why liability matters is that North Carolina is an at-fault insurance state, meaning that the responsible parties’ insurance policy is the payor for your losses. However, with the trucking industry, there are multiple parties involved, and if our investigation uncovers multiple parties at fault, we will file personal injury claims with each.
Evidence From Your Truck Accident Will Be Crucial for Your Claim
Our investigators will search and collect such evidence as the following:
- Police report
- Medical records
- Eyewitness statements
- Photos and videos
- Blood and breathalyzer test results
- Electronic logging data (ELD)
- Driver’s truck logs
- Personnel files
- Dispatch records
- Training records
- Maintenance reports
Our Spindale truck accident lawyers will also speak with expert witnesses. Accident reconstruction specialists can add clarity into how the accident occurred, and your doctors can explain your prognosis.
Our Spindale Truck Accident Lawyers Can Explain How North Carolina Laws Could Affect Your Case
Be advised that there are certain laws that could influence your claim:
Minimum Insurance Coverage
N.C. Gen. Stat. § 20-279.21 requires all vehicle owners to carry auto insurance that has at least:
- $50,000 in property damage liability (PDL) coverage
- $50,000 in bodily injury liability (BIL) coverage for one injured person
- $100,000 in BIL coverage for two or more injured people
Commercial and business vehicles will have additional coverage and large insurance companies defending their clients, which is why you may want to retain a Spindale truck accident lawyer following an accident.
Contributory Negligence
North Carolina follows a strict contributory negligence doctrine. Under N.C. Gen. Stat. § 1-139, defendants must prove the plaintiff contributed to their own accident. This has been interpreted by the courts that you are prevented from recovering damages if you are partially responsible for the accident.
Whether you are 1% or 99% at fault, you could be barred from recovering damages against the other party. Insurance companies are aware of this law and may try to use it to deny your claim. However, our Spindale truck accident attorneys can often utilize evidence and testimony to prove the other motorist was fully responsible.
Statute of Limitations
Under N.C. Gen. Stat. § 1-52, personal injury lawsuits involving vehicle accidents must be filed within three years of the accident with the Rutherford County courts. The courts could bar your case if this deadline expires. In turn, the insurers will have no reason to negotiate any settlement with you without this right.
You should consider retaining a truck accident lawyer to ensure you comply with this and other procedural requirements. Plus, they can start collecting evidence before it can be lost.
To understand these laws and other aspects of your Spindale truck accident, call Farmer & Morris Law, PLLC, today for a free consultation.
Potentially Recoverable Damages in Your Spindale Truck Accident
When you sustain injuries from a car accident that cause financial and non-economic losses, you can pursue a personal injury claim against the other driver. North Carolina does not generally cap damages for personal injury claims involving car accidents.
Economic Damages You Could Collect
Economic damages encompass all financial costs associated with your accident. Certain injuries may leave you unable to work, which can make it difficult for you to pay your monthly expenses and medical bills. A Spindale truck accident lawyer can help you recover compensation for such economic damages as:
- Medical bills
- Prescription medications you need as a result of the accident
- Medical devices you need because of your injuries
- In-home nursing services
- Rehabilitation costs
- Property damage, such as repairs to your vehicle
- Lost wages while you recover
- Transportation costs while your vehicle is being repaired or replaced
- Future lost earnings
While medical insurance covers a portion of your medical bills, severe injuries that require hospitalization or extensive treatment may cause excessive medical debt. If your injuries preclude you from working or force you to take a lower-paying position, you can receive compensation for lost wages. You can receive lost wages if you can no longer do the work you performed before the accident.
Economic losses are actual damages you absorbed as a direct result of your accident, meaning they can be proven with receipts or bills. Therefore, it is important to keep records of your expenses.
Non-Economic Damages You May Be Able to Recover
Unlike actual costs, non-economic damages consider how the accident impacted all areas of your life, not just your finances. Examples of non-economic claims that a Spindale truck accident lawyer can pursue include:
- Loss of enjoyment of life
- Loss of consortium
- Pain and suffering
- Loss of affection
- Mental anguish, including anxiety and depression
- Disability
Serious accidents can cause trauma, especially if your injuries are debilitating. Losing the ability to work can cause you to rely on unemployment or even Social Security disability benefits, which can make it difficult to maintain your standard of living.
Losing the ability to walk or an important bodily function can impact your independence. If injuries result in the loss of bodily functions, it can negatively impact your personal and familial relationships.
Non-economic damages consider whether your injuries are permanent and require future medical care. They reflect a diminished quality of life, especially if you are unable to enjoy the same activities you engaged in before your accident.
Call Farmer & Morris Law, PLLC, for a Free Consultation Today
Truck accidents can not only be very traumatic, but they can also leave you with chronic injuries that limit your independence and happiness. Our Spindale truck accident lawyers recognize your needs and will fight to secure maximum compensation for you and your family.
Call Farmer & Morris Law, PLLC, today for a free consultation to discuss your legal options following a truck accident in Spindale.
