Truck Accidents
Trucks and tractor-trailers are monsters that can cause significant damage or death on impact.
Truck and tractor-trailer accidents can often be fatal or cause serious physical injury to others on the road. If you or a family member has been injured in an accident involving a truck, you are likely suffering physically, mentally, emotionally and financially. We may be able to help.
Whether you or a family member has been injured by an 18-wheeler or a commercial delivery truck, if the truck driver or trucking company was at fault, you may have a claim. Because trucking companies and insurance companies will do almost anything to avoid responsibility, you will need a serious lawyer for your serious claim.
While we have spent the majority of our careers representing those who have been injured, including in truck accidents, we also have experience representing truckers and trucking companies. This behind-the-scenes knowledge — including knowing how to read driver logs, the ins and outs of federal regulations and the importance of immediately downloading black box data — helps us to hold truckers and trucking companies accountable when they injure someone. If you believe you or a family member has been injured in a truck accident and it was the truck driver or his or her company’s fault, we may be able to help.
Did the trucking company cause your truck accident?
Many times, truck accidents are caused by the trucking company’s negligence, when they put profit above safety. Common mistakes by a trucking company include:
Failing to safely hire, train or supervise its drivers
Pushing drivers to spend too many hours on the road without enough sleep, causing them to be dangerous to others
Not safely maintaining their trucks or tractor-trailers
Failing to fully inspect trucks or tractor-trailers for signs of safety issues before deploying them
Permitting their drivers to use drugs or medication that may make them drowsy or may help them stay awake to drive longer hours
Not regulating or monitoring drivers’ use of cell phones or other distracting devices while driving
“Kristen was wonderful during my mom’s suit against a trucking company. She not only had a great grasp of the law and how to utilize it on my mom’s behalf, she also had a warmth that set our whole family at ease. We knew we were in good hands with Kristen.”
What damages can you claim?
It depends on the state what damages you may claim.
When you or a family member has been injured or killed by the unsafe acts of a truck driver or trucking company, you may have a personal injury or wrongful death claim. While the law cannot undo the injury or bring back your loved one, it may provide monetary compensation for you or your family. While it depends on the state, in general, you or your family may have claims for the following under the law.
PERSONAL INJURY DAMAGES
For those who have suffered physical or emotional injuries because of the unsafe actions of a truck driver or trucking company, the law may permit you to recover past and future medical expenses and lost wages as well as amounts for physical and mental pain and suffering, loss of a body part or use of a body part, permanent injury, scars and disfigurement. If you or your loved one was married at your time of injury, your or their spouse may be able to recover losses, including their lost services, society, affection, companionship and sexual relations.
WRONGFUL DEATH DAMAGES
If your family member was killed by the unsafe actions or inactions of a truck driver or trucking company, the law may permit recovery for medical expenses, funeral expenses, physical and emotional pain and suffering and the loss of the value of the life. Depending on the state, the value of the life may be measured from the perspective of the person who died or the family that lost the person who died. In North Carolina, wrongful death damages are measured by the loss to the person’s next of kin, including loss of society, companionship, advice and kindly offices, as well as lost future wages and the value of the decedent’s support for his or her next of kin.
What do you need for a successful claim?
In order to make a successful claim for personal injury resulting from an incident involving a truck or tractor-trailer, you must prove three things: (1) negligence on the part of the truck or tractor-trailer driver or truck or tractor-trailer company, (2) injury and (3) that the negligence caused the injury. In other words, the driver or company must have done something wrong and that something wrong must have caused injury.
In truck accident cases, you need to show that the driver of the truck or trucking company was at fault. Depending on the state, you may also need to show that you did not contribute to the accident or the severity of your injury.
Why contact an attorney immediately?
It is important that you contact an attorney immediately if you believe you may have a truck accident claim. There are deadlines within which claims must be filed or the right to file them is lost forever. Evidence can also disappear if you do not have an attorney to help you preserve it. For instance, the vehicles may be fixed or the black box data may not be downloaded, causing evidence necessary to your claim to be unavailable. For these reasons, contacting an attorney today to review your claim is critical. Waiting even one day can be the difference between having a claim that you can pursue and being barred from pursuing that very same claim.