Charlotte Truck Accident Lawyer

Charlotte, NC Truck Accident Attorney

Auto accidents happen frequently and have the potential to cause severe harm. When a commercial truck, semi-truck, or other large vehicle is involved, it is much more likely to involve more cars, cause catastrophic injuries and fatalities, and result in severe and expensive damages. When these accidents are not the fault of an injured party, a Charlotte truck accident lawyer can help victims file claims against the driver or party who was at fault.

If you or a member of your family has been involved in a semi-truck accident, you need exceptional legal care. You need a Charlotte truck accident lawyer who takes the necessary time with each personal injury case to give you and your family the compassion and representation you need.

A Truck Accident Attorney You Can Count On

An accident involving a tractor-trailer is capable of unimaginable damage to property and people. Yet, these accidents happen every day because there are so many trucks on the road and because of carelessness. These accidents can cause catastrophic injuries and the deaths of those in passenger cars, altering a family’s entire lives. If you have been involved in a truck accident, you could recover financial compensation for your pain, loss, and financial costs.

Contact us to speak to a Charlotte truck accident lawyer and share the details of what happened to you.

Trucking accident cases are different from car accident cases for several reasons, including:

• A variety of state and federal regulations attempt to make the trucking industry safer. This can also make it more complex to manage your own personal injury claim. We are familiar with these rules and how they may affect your claim. A failure to comply with them will play a part in establishing fault in the accident.
• The damage is typically greater when a semi-truck weighing as much as 80,000 pounds has collided with anything. Injuries are more severe, requiring greater compensation.
• Various parties are involved in the transportation of goods, including the manufacturer of the truck, the parties who may have loaded it unsafely and the company that hired a driver with a poor record. One or more of these parties may be liable for the harm you suffered.

The qualified attorneys at Elam & Rousseaux, PLLC, have more than 90 years of collective legal experience, and we work hard as we use our knowledge to help your case. We focus on your family and your needs. Our team devotes their energy to careful legal service that could maximize the financial benefits in your trucking accident claim.

What Are Common Injuries in Truck Accident Claims?

Truck accident claims typically result in higher compensation because the injuries caused by commercial trucks are more likely to be life-altering, disfiguring, disabling, or fatal. Semi-trucks and other commercial vehicles are larger, heavier, and more dangerous than most passenger cars. The cost of injuries in a truck accident is more likely to exceed the coverage in a car insurance claim. Common injuries after a truck accident include:

• Traumatic brain injuries
• Severe lacerations
• Head, mouth, and eye trauma
• Fractured and broken bones
• Soft tissue damage
• Internal organ damage
• Burns and electrocution
• Road rash
• Neck and back injuries
• Spinal cord injuries
• Partial or total paralysis
• Loss of limbs
• Crushing injuries
• Wrongful death

A car insurance and personal injury claim can reflect the damages you or your loved one suffered in a truck accident. These may include medical bills for surgeries and medication, future rehabilitative care, and future potential complications.

Who Could Be Held Liable for a Truck Accident?

To file an insurance or civil claim, you must first determine who is at fault for the accident. Once the at-fault party is determined, they can be held legally and financially liable for the damages caused by the accident. Truck accidents are more likely to have multiple at-fault parties involved. A thorough investigation is necessary to determine if parties acted negligently, recklessly, or maliciously to cause the accident. At-fault parties often include:

The Truck Driver

Truck drivers can make any of the same negligent or reckless actions as any driver on the road. These may include:

• Speeding
• Driving too fast for weather conditions
• Distracted driving
• Driving under the influence of drugs or alcohol

If there is evidence that a truck driver was breaking the law or driving recklessly, they could be held liable.

The Trucking Company or the Driver’s Employer

Employers are responsible for their employees’ actions. Additionally, trucking employers are responsible for screening their employees, ensuring proper training, and encouraging safe driving habits. If a truck driver is at fault for the accident, their employer may be held liable.

If the trucking company creates impossible schedules that require drivers to drive fatigued or faster than the speed limit to make a deadline, the company is liable. Trucking companies may also provide maintenance and upkeep on trucks, so a mechanical failure could be the fault of the company’s negligence.

Other parties that may be liable for a truck accident include:

• A Third-Party Maintenance Company: Some trucking companies hire a third-party company to inspect, maintain, and perform repairs on their commercial trucks. If this company was negligent and let a truck onto the road that was not safe, they could be held liable.
• A Shipping or Loading Company: Certain accidents can be caused by improper loading of a truck trailer, causing the trailer to overturn or the truck to jackknife. If a third-party company was responsible for loading the trailer and did so incorrectly, they could be liable.
• A Manufacturer, Seller, or Distributor: If the accident is caused by a defective part of a car or truck, the manufacturer, seller, or distributor of that part may be liable for the accident. Injured parties could file a product liability claim against the company.
• Another Driver in the Accident: Other drivers on the road can behave negligently and recklessly, causing crashes. Injured drivers can file insurance claims with this driver, but the damages in a truck accident are typically more severe than an insurance claim can cover. This is when a civil personal injury claim is necessary.

Truck accidents may result in insurance claims against several parties as well as civil claims against one or more parties. It can be an incredibly complicated situation, particularly at a time when you are trying to recover from injuries and support your family. Trucking company insurance providers can use their significant resources to try to discredit your claim. Working with an attorney can improve your chances of getting the compensation you need to cover bills and maintain financial certainty.

Liability for Truck Accidents in Charlotte

The at-fault party for the accident is held legally and financially responsible for damages. North Carolina is an at-fault car accident state, so insurance claims are filed with the at-fault driver’s insurance provider. If an injured party’s damages are not covered by the insurance claim, they can file a civil claim for the remainder of the damages.

To prove that a party is at fault, you must demonstrate that:

1. They owed you a duty of care.
2. They acted negligently or recklessly and breached that duty of care.
3. The breach directly caused the accident.

State laws make it difficult for injured parties to recover compensation, as any responsibility can prevent you from covering any damages. North Carolina has contributory negligence laws, so any party who is even partly responsible for the accident is barred from filing a claim. If the party you are filing against can prove that you were at all responsible, you may receive nothing.

This is why it is so important to work with an attorney. They can determine the at-fault parties and how to prove that you were not at fault.

How Does a Truck Accident Lawyer Help Me?

Both of your claims can benefit from a qualified Charlotte truck accident attorney. When you have an attorney managing your insurance and civil claims, they are more likely to succeed, and you’re also more likely to receive greater compensation than you would have earned without an attorney. Your lawyer can investigate the accident, review evidence, and determine what party or parties may be at fault. They can also help prove that you were not at fault.

Determine the Maximum Amount of Damages

As your attorney builds your claim against other parties, they can also calculate your damages. These damages may be different in a car insurance claim and a personal injury claim, depending on the type of coverage the at-fault driver has. Your attorney can determine the cost of your economic and non-economic damages in a way that is fair while maximizing the financial support you receive.

Negotiate With Insurance Companies

Knowing the damages you deserve also helps when negotiating with an insurance company. The goal of these companies is to limit their liability, but an attorney has experience in negotiating with these companies, and they can do so until you receive fair compensation. Many people don’t realize the value of their damages and accept an insurance settlement that does not cover the harm they suffered. An attorney also knows when taking a claim to court is necessary.

Give You Time to Heal

When you have an attorney managing your insurance and civil claims, you can also take the time to rest, recover, and be with your family. These claims need to be filed very soon after an accident, and it’s not easy to do when you are dealing with severe pain and injury. A qualified attorney can handle your claims on your behalf while keeping you informed along the way.

What Are Common Causes of Truck Accidents?

There are many causes of truck accidents, including:

• Fatigued and distracted drivers
• Unrealistic shipping schedules and deadlines
• Reckless and aggressive drivers, including actions like speeding and tailgating
• Failure to properly maintain commercial trucks
• Driving under the influence
• Improperly loaded truck trailers
• Bad truck design that causes rollovers or jackknifing
• Bad weather or road conditions
• Failure to check blind spots

Not all causes of these accidents are rooted in negligence. When there are poor driving conditions, however, drivers must react accordingly and slow their speed to drive safely. Failure to do so may put them at fault. Unsafe roads may be the fault of the government or private agency that maintains them. If you are not sure who is at fault for your accident, you should work with a qualified attorney.

Evidence in a Truck Claim

To establish the at-fault party, an attorney can review important evidence from a crash, including:

• Driver and trucking company logs
• Black boxes, if available
• Dash cams, traffic footage, and other CCTV recordings
• Maintenance records
• Eyewitness testimony
• Photos of the accident
• The truck company’s hiring practices
• The truck company’s safety policies

This information can help you hold the responsible parties liable.

Experience and Passion

Elam & Rousseaux, PLLC, is a law firm with attorneys who have more than 90 years of combined experience. We are a high-value rather than high-volume firm. From our offices in Charlotte, we help clients throughout North Carolina get the proper medical care that they need and the financial compensation that they deserve.

Offering evening and weekend hours in addition to our weekly hours, we are also available to make in-home and hospital visits. Contact our firm today for a free initial consultation about your case.

If you or a loved one has been injured because of negligence on the part of a driver, trucking company or any other related party, call 704-343-0000 to discuss your case and your options with a Charlotte truck accident lawyer at Elam & Rousseaux, PLLC.