You lose a family member in a fatal accident involving a tractor-trailer, delivery truck, dump truck, or another large truck. The loss devastates you and your loved ones, and you have no idea what the future holds for your family. Following this incident, meet with an empathetic and caring fatal truck accident lawyer in Charlotte, and they can explain your legal options.
At Shane Smith Law, we want you and your family to focus on supporting one another as you cope with your tragic loss. Our team has over 100 years of combined experience. If you are interested in filing a wrongful death claim or lawsuit against anyone liable for your loved one’s fatal truck accident, we can help. Consult with a Charlotte truck accident lawyer from our team.
Why You Should File a Fatal Truck Accident Claim in Charlotte
You feel sad as you think about your family member’s fatal truck accident. This incident may have been preventable had a truck driver, trucking company, cargo loader, or another party taken the proper precautions. If any of these parties didn’t take reasonable precautions, they could be held liable for your loved one’s fatal truck accident.
A fatal truck accident attorney in Charlotte can’t change the past. However, they can advise you on whether to move forward with a wrongful death claim. Your lawyer can let you know if you have grounds for such a claim. If so, they can represent and advocate for you and help you pursue justice and damages from anyone at fault for your loved one’s fatal trucking accident.
If you are interested in speaking with a Charlotte personal injury lawyer, the team at Shane Smith Law is available. We can learn about your loved one’s fatal trucking collision and who may be responsible. From here, we may encourage you to submit a wrongful death claim in alignment with North Carolina law. For more information, schedule a free case consultation.
For a free legal consultation with a fatal truck accident lawyer serving Charlotte, call (980) 246-2656
What to Expect If You Submit a Fatal Truck Crash Claim
Per North Carolina General Statute (N.C.G.S.) § 28A-18-2, a personal representative of a deceased person (decedent) may be eligible to file a wrongful death claim. If you are eligible to file this type of claim, you may have up to two years from the date of your loved one’s fatal truck crash to do so.
Your Charlotte fatal truck accident lawyer can gather evidence for your wrongful death case. They may utilize statements from witnesses who saw your loved one’s fatal trucking collision, a truck’s black box data and electronic logging device (ELD) data, traffic camera footage of the accident, and other proof to support your request for compensation.
In some instances, a liable party’s insurance company may offer a fatal truck accident settlement. Your lawyer can keep you updated about settlement negotiations and if any proposals are made. If you don’t get a settlement that provides you with adequate compensation, your attorney may bring your case to trial.
Charlotte Fatal Truck Accident Lawyer Near Me (980) 246-2656
A Look at the Compensation That You Could Get in a Fatal Truck Crash Lawsuit
If you file a lawsuit based on a wrongful death from a truck crash, you could be awarded economic and non-economic damages. Some of the reasons why a judge or jury will order a defendant to pay damages to the families of fatal trucking accident victims include:
- Final medical expenses
- Lost wages
- Pain and suffering
- Burial and funeral expenses
- Loss of companionship
The defendant has the burden of proof for contributory negligence in North Carolina personal injury and wrongful death cases as defined by N.C.G.S. § 1-139. If a judge or jury rules that your family member was in any way liable for their accident with a truck, you may be barred from receiving damages. This can be the case even if your loved one was only 1% at fault.
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How to Prove Negligence in a Fatal Trucking Collision Case
Your wrongful death attorney can share FAQs and other resources regarding negligence and how it can dictate the outcome of your fatal trucking collision case. As your lawyer prepares their argument, they may focus on these elements of negligence:
Duty of Care
This is a legal obligation to avoid any acts that most people would classify as careless or reckless. For example, a trucker and a trucking company are both legally obligated to comply with hours of service (HOS) regulations and other truck industry mandates.
Breach of Duty of Care
If a trucker engages in distracted driving, speeding, or other careless or reckless acts, they can cause an accident, which would represent a violation of their duty of care toward others. Much in the same way, truck manufacturers and other parties can commit acts that cause harm to others, and they can be held liable for their decisions to do so.
Causation
Your lawyer wants a judge or jury to see that because a party breached their duty of care to your family member, they caused a truck accident, and you lost your loved one due to their actions. As such, they may provide the court with a timeline of your loved one’s fatal truck accident and various pieces of proof to highlight causation.
Damages
These are the losses that you face in the aftermath of your loved one’s fatal truck accident. Your lawyer may give the court copies of your loved one’s pay stubs, medical bills, and other financial documents. By doing so, a judge or jury can assess the financial impact of your loved one’s death on you and your family and use this information as they decide your case.
Remember, the process to prove someone acted negligently is incredibly difficult. Thankfully, you have access to legal help. Truck accident attorneys can put together an argument specifically for your case. Meanwhile, this argument could make it clear to a judge or jury why your damages request is warranted and lead to a favorable ruling.
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We Have Secured Millions of Dollars for Our Clients
At Shane Smith Law, we make it easy to connect with a Charlotte fatal truck accident attorney.
Our team can examine your case and, if you want to file a wrongful death claim or lawsuit, guide you through each stage of your legal proceedings. To get started, request a free case consultation.
Call or text (980) 246-2656 or complete a Free Case Evaluation form
