You expect a commercial truck driver to take every possible precaution. Unfortunately, a trucker chooses to ignore the rules of the road. They cause an accident in which you suffer injuries due to their actions. Within days of the incident, get legal help. Hire a commercial truck accident lawyer in Charlotte to represent you as you try to get compensation for your losses.
For those in pain after a commercial trucking accident, call Shane! Shane Smith Law has recovered over $100 million in compensatory damages for our clients. We can help you deal with the aftermath of your truck crash. Speak to a Charlotte truck accident lawyer.
Why You Should Request Legal Help Immediately Following Your Commercial Truck Crash
Commercial truck companies and their insurers do everything they can to avoid compensating trucking accident victims and their families. Either could offer you a settlement just days after a truck crash. It may seem in your best interests to approve the proposal. Yet, you could get only a fraction of what you have suffered in losses if you accept the settlement.
A Charlotte commercial truck accident attorney knows all about the costs of trucking collisions. They explain how to determine liability for semi-truck accidents. In addition, your lawyer calculates your losses. From here, your attorney helps you get a fair deal.
Trust a Charlotte personal injury lawyer from Shane Smith Law to serve as your legal advocate and representative. We are dedicated to helping you obtain the commercial truck crash case results you want. Consult with us so we can evaluate your case and determine if you have grounds for a personal injury lawsuit.
Speak with a Charlotte commercial truck accident lawyer, and get a free consultation today.
Call (980) 294-4931Why Truck Accidents Happen in Charlotte
One of the ways our legal team helps you is by fully exploring the cause of your accident. We look at all factors contributing to your injuries and losses to determine who is at fault. In our experience, we have found the following are some of the most common causes of serious commercial truck accidents in the area:
- Fatigued drivers: Driving the 66 miles of the beltway around Charlotte along Interstate 485 is sure to make drivers tired. This route is very common for commercial vehicles. Often, hours-of-service violations contribute to this.
- Speeding drivers: A driver acting recklessly, especially on a busy highway like Interstate 77, can often cause serious accidents. Speeding often happens when drivers try to meet tight timelines.
- Poor maintenance and upkeep: Federal law makes it the responsibility of the truck owner and driver to inspect and maintain the vehicle. Faulty brakes, tire blowouts, and other failures that the driver fails to maintain or that a technician does not seek out can pose a serious risk to a person’s life.
- Mechanical failures of the truck: In some cases, the truck’s design may contribute to an accident, such as poorly designed components that fail. Manufacturers could be held accountable in these accidents.
- Driver impairment: Commercial vehicle drivers are held to the highest standard, meaning they cannot consume alcohol or drugs behind the wheel of the car, even if they are not intoxicated.
In each of these situations, our legal team will review what happened and seek evidence to back up our claims. Whether a driver was operating on one of the city’s restricted streets or on Interstate 85, which was backed up and created aggressive drivers, you have rights.
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When to File a Charlotte Commercial Truck Accident Lawsuit
North Carolina’s General Statutes (G.S.) detail how much time you have to sue after a commercial trucking collision. According to G.S. § 1-52, you have three years from the date of a truck crash to file a lawsuit. A commercial truck accident lawyer in Charlotte submits your compensation request in alignment with state law.
Just because you sue does not guarantee you will be compensated for your losses. Your lawyer considers the facts of your collision. They can explain how hours-of-service violations can lead to serious truck accidents. Your attorney finds out if any laws were broken and, if so, how you can prove that a liable party’s negligence led to your crash.
There may be opportunities to settle your case outside the courtroom. For instance, your attorney prepares a compelling argument backed by a wide range of evidence. The defendant has concerns about whether they will have to cover all of your losses. These concerns could prompt the defendant to propose a settlement that matches your expectations.
Compensation Available in a Commercial Truck Accident Lawsuit
A commercial truck accident attorney in Charlotte can teach you about the types of damages available in a personal injury lawsuit. You could receive economic damages for your quantifiable losses. Along with these, you may recover non-economic damages based on the subjective harm you have incurred. Reasons you could get damages include:
- Medical expenses: Including losses associated with emergency medical care, hospitalization, surgeries, specialist care, medications, rehabilitation, and additional care
- Future medical costs: Including losses for future surgeries and treatments expected due to complications or secondary procedure needs
- Health care support: In-home care if you cannot meet your daily needs on your own, modifications to your home and vehicle, and support for transportation to and from appointments
- Costs of repairing or replacing your car: Depending on the damage presented and the insurance company’s decision
- Pain and suffering: Compensation to help you become whole again after experiencing pain at the time of the accident and ongoing suffering through your recovery
- Lost wages: Loss of all earnings, including hours at work, benefits, vacation time, bonuses, or promotions you did not receive due to your injuries
- Loss of earning capacity: Costs representing the diminished earning capacity you have due to your ongoing or permanent injuries and limitations, such as loss of mobility
- Emotional turmoil: Compensation for the impact on your mental health and emotions, including due to the onset of post-traumatic stress disorder, depression, anxiety, or others
- Loss of enjoyment of life: Impact on your overall quality of life, such as not being able to engage in activities you once enjoyed or facing limitations to your future goals
Your attorney looks at your current and future medical bills and other costs relating to your trucking accident to find out how much your personal injury case is worth. They also collect evidence from a wide range of sources, as your body of proof can make it clear to a judge or jury why you should be awarded damages.
Evidence to Use in a Commercial Truck Accident Lawsuit
Your lawyer argues as to why the court should require the defendant to pay compensation. Meanwhile, the defendant’s attorney commits time and resources to contest your lawyer’s claims. Ultimately, your evidence can help your lawyer persuade a judge or jury to be on your side. Proof that could help you win your case or secure a reasonable settlement includes:
- Accident scene photos
- Witness statements
- Police report
- Truck driver log books
- Truck driver drug and alcohol test results
- Truck maintenance records
- Medical records
- Pay stubs
It is your responsibility to prove the defendant was negligent. To succeed, you must show that the defendant had a legal obligation to act in a cautious and reasonable manner and violated their duty of care to you. Also, you must verify that the defendant’s actions contributed to your accident and injuries and that you are dealing with losses as a result.
How to Take Legal Action After a Fatal Commercial Truck Accident
You and your loved ones are devastated after a family member is killed in an accident in which a commercial truck driver was operating their vehicle carelessly and recklessly. At this point, you may have the right to seek justice and compensation from the trucker or other parties liable for your family member’s fatal accident.
A Charlotte wrongful death lawyer can discuss your legal options with you. They are empathetic to you and your family during this emotionally taxing period. If you want to sue anyone liable for your loved one’s fatal truck accident, your attorney guides you through the legal process. They remain accessible during your case and help you make informed legal decisions at each stage.
Your commercial truck accident attorney in Charlotte encourages you and your loved ones to care for and support one another as you mourn the loss of your family member. They put you in a position to recover compensation for your late family member’s burial and funeral expenses and other losses. Your lawyer keeps you updated about your case proceedings and addresses your legal concerns and questions.
Who May Be Liable for Your Truck Accident Losses
It may seem obvious that the truck driver is at fault for causing an accident that led to your injuries, but these are cases often involving more than one party being at fault. One of the ways our commercial truck accident lawyer in Charlotte supports your long-term recovery and maximizes compensation is by demonstrating that other parties could also be responsible for the injuries you have.
Consider the following examples of who may be at fault for your injuries:
- The truck driver is at fault. In most cases, the driver maintains some level of fault. This is especially true in cases of reckless driving, intoxicated driving, or aggressive actions like tailgating.
- The trucking company employs the driver. If the driver is an employee, the trucking company could be responsible for the injuries and other losses you have. They may be responsible if they knew there was a risk and failed to act, such as by employing a driver with multiple violations on their record.
- The truck owner is at fault. The owner of the truck may be a third party that owns the vehicle and leases it to the company or driver. The owner could be at fault if they knew repairs were needed and failed to take action, or failed to document maintenance and upkeep on the commercial vehicle.
- The loading company may be responsible for spills. A third-party loading company maintains responsibility for the load, including how it is secured. If they fail to follow best practices and that results in injuries and losses, the loading company could be at fault.
- The vehicle maintenance team may hold some responsibility. Federal trucking regulations require that most vehicles undergo inspections and preventive maintenance at various intervals. If a mechanic deems the truck safe, and it is not, the technician may be at fault for the losses you incurred.
- The vehicle manufacturer may also be at fault. In some cases, the design or production of parts for the truck carries risk, leading to additional forms of liability. If a company designs a truck with risks, such as an unsafe center of gravity, they may be held accountable for the injuries caused.
Your commercial truck accident lawyer will gather as much evidence as possible to demonstrate every person’s role in your accident. This means that if you can show they are at fault, they may be paying for the losses you incurred. Set up some time to explore who may be at fault for your injuries.
More Than One Party is Likely
Insurance companies will never tell you that others are also to blame, or they may blame someone else entirely. However, it is possible for more than one party to be at fault in a trucking accident. In those cases, your attorney will seek damages from all parties involved, maximizing the amount of compensation you receive.
Contact a Charlotte Commercial Truck Accident Lawyer Today
Requesting compensation from anyone who caused your commercial truck accident is a lot to handle by yourself. Shane Smith Law puts your legal rights and best interests front and center.
We provide solutions to your legal issues and work hard to help you get the compensation you deserve. Schedule a free consultation with our Charlotte commercial truck accident attorney regarding your commercial trucking accident case.
