Charlotte Truck Accident Lawyer

Filing Insurance Claims For Truck Accidents

After a truck accident, hiring a skilled trucking accident attorney in Charlotte, NC is vital to manage the complex claims process and secure fair compensation for injuries and damages. Our attorneys are adept at dealing with the involved parties, including large insurance firms and commercial entities. Identify the responsible insurance company quickly after the accident, considering that trucking companies carry significant policies. Prompt reporting of the incident to the insurer is essential to start the claims process and get an adjuster on board.

Immediate medical attention post-accident is critical, even if injuries seem minor, as some conditions manifest later. Document all medical care meticulously, as these records are critical for substantiating your injury claim. A competent attorney will lead the process, gathering evidence, and dealing with insurance negotiations. They’ll ensure that all information, including accident details, photos, witness accounts, and other vital evidence is thoroughly compiled and presented to reinforce your claim.

Act swiftly to protect your rights and obtain maximum compensation. Promptly determining the insurance provider, reporting the incident, seeking medical evaluation, and engaging a specialized attorney are imperative for a favorable outcome in your truck accident claim.

Common Truck Accident Injuries

Although all vehicle accidents can result in injuries, truck accidents are more likely to cause catastrophic injuries. Commercial trucks are much larger and heavier than other vehicles on the road, so it stands to reason that they would cause more damage. The most common truck accident injuries include traumatic brain injuries, broken bones, burns, spinal cord injuries, whiplash, and amputation.

Traumatic brain injuries are one of the most serious injuries someone can sustain in a truck accident. These injuries can occur if you hit your head against an object or your head jolts back and forth violently. Initial symptoms of a traumatic brain injury may include dizziness, confusion, nausea and sensitivity to light and sound. These injuries can result in long-term cognitive, physical and behavioral problems. The sheer force of a truck accident can cause you to break bones in your legs, arms, ribs and other parts of your body. Broken bones can cause excruciating pain and take a long time to heal. If a bone is broken in more than one place, surgery may be necessary.

During a truck accident, the fuel tank can erupt and cause a fire. As our Charlotte truck accident lawyer can explain, this can cause severe burns all over the body. Besides being very painful, burns can lead to infection, nerve damage and even permanent scarring. If your burns are severe, you may need skin grafts. Spinal cord injuries can also occur during a truck accident and can dramatically change your life. Symptoms of these injuries include spasms, loss of muscle function, bladder and bowel problems and even paralysis. Early treatment is vital for the best chances of making a recovery. 

It’s also common for people to sustain whiplash in truck accidents. These neck injuries can occur when your head jerks back and forth suddenly during a collision. Whiplash can cause neck pain and stiffness, headaches and dizziness. However, some people do not experience any symptoms initially. That is why you should seek medical attention regardless of how you feel. Amputation can result directly from a truck accident or from the injuries sustained in the accident. If a limb is crushed very badly during the accident, it has to be removed by surgery. Amputation is one of the more catastrophic injuries you can sustain during a truck accident and can dramatically change your life. You will have to relearn how to perform basic tasks and may use prosthetics. Many accidents who suffer amputation experience emotional distress, like depression and post-traumatic stress disorder.

Compensation for Truck Accident Victims

Economic Damages

In the unfortunate event of a truck accident, victims often face significant physical, emotional, and financial challenges. Truck accidents can result in severe injuries, extensive medical expenses, and the loss of income due to time off work and possible long-term disabilities. It is important for individuals affected by truck accidents to understand their rights and the types of economic damages they can claim in order to seek fair compensation for their losses.

One of the primary economic damages in a truck accident case is medical expenses. These expenses can include emergency room visits, surgical procedures, hospital stays, prescription medications, physical therapy, and any other necessary medical treatment. It is vital to keep detailed records of all medical bills, receipts, and invoices related to the accident to accurately calculate the total amount of medical expenses incurred. In addition to current medical expenses, truck accident victims may also be entitled to compensation for future medical costs. Some injuries sustained in truck accidents may require ongoing medical care, such as rehabilitative therapies, follow-up surgeries, or specialized treatments. Proving the need for future medical expenses may require expert medical testimony and documentation, which an experienced truck accident lawyer can assist with.

Truck accidents can lead to significant time off work, resulting in lost wages. If a victim is unable to work due to their injuries, they may be entitled to seek compensation for their lost wages. This includes the income lost during the recovery period, as well as any future loss of earning capacity if the injuries prevent the victim from returning to their previous occupation or limit their ability to earn income in the future.

In some cases, truck accidents can cause permanent disabilities that impact the victim’s ability to work and earn a living. If the injuries sustained in the accident result in a long-term or permanent disability, the victim may be entitled to seek compensation for the potential loss of future income. Calculating potential future income loss often requires the expertise of economists or vocational experts who can assess the victim’s earning capacity before and after the accident. Our experienced truck accident lawyer can work with these experts to determine the appropriate amount of compensation to seek.

Non-Economic Damages

In addition to the economic damages, truck accident victims may also be entitled to seek non-economic damages. Unlike economic damages that are quantifiable and have a specific monetary value, non-economic damages are subjective and compensate victims for hardships that are not easily measurable in financial terms. These damages aim to provide compensation for the physical, emotional, and psychological toll that truck accidents can have on individuals and their quality of life.

One of the most common types of non-economic damages in a truck accident case is pain and suffering. Truck accidents can cause severe physical injuries, which result in significant pain and discomfort for the victims. Whether it is the immediate pain experienced at the time of the accident or chronic pain that persists long after the accident, victims are entitled to seek compensation for the physical suffering endured.

Truck accidents can have lasting psychological effects on victims. The sudden and traumatic nature of these accidents can lead to various psychological conditions, such as depression, anxiety disorders, and even post-traumatic stress disorder (PTSD). These conditions can significantly impact a person’s mental well-being and ability to function in their daily life.

Truck accidents can cause injuries that restrict a victim’s ability to engage in activities they once enjoyed. These injuries may limit or prevent victims from participating in hobbies, sports, social activities, and even everyday tasks. Non-economic damages for loss of activities and enjoyment of life aim to compensate victims for the loss of experiences and the diminished quality of life resulting from the accident.

Claiming non-economic damages for ongoing or permanent disability is complex and requires extensive evidence to support the impact of the disability on the victim’s life. Medical records, expert testimony from healthcare professionals, and assessments from occupational and physical therapists can help establish the extent of the disability and its effect on the victim’s daily activities, independence, and overall well-being.

While economic damages compensate for tangible financial losses, non-economic damages in a truck accident case aim to address the intangible hardships experienced by victims. Pain and suffering, psychological trauma, loss of activities and enjoyment of life, and ongoing or permanent disability are some of the non-economic damages that victims can seek to receive fair compensation for the physical, emotional, and psychological toll of a truck accident. It is crucial for victims to gather adequate evidence and seek experienced legal representation to strengthen their claim for non-economic damages and ensure they receive the compensation they deserve.

Steps to Take After a Truck Accident

• Seek Immediate Medical Attention

The first and most important step after a truck accident is to prioritize your health and well-being. Even if you don’t think your injuries are severe, it is crucial to seek immediate medical attention. Some injuries may not be immediately apparent, and early intervention is vital for your health and future legal claims. Additionally, seeking prompt medical attention ensures that your injuries are appropriately documented, which will strengthen your case during the legal process.

• Report the Accident

Once you have sought medical attention, the next step is to report the accident. In North Carolina, you are required to report any accident resulting in injury, death, or property damage exceeding $1,000 to local law enforcement or the North Carolina Division of Motor Vehicles (DMV) within a specific timeframe. Reporting the accident promptly helps ensure that law enforcement can create an accurate accident report, which will be crucial during the insurance claim and legal process.

• Document the Accident Scene

To strengthen your claim and facilitate the legal process, it is essential to document the accident scene. If you are physically able, gather evidence by taking photographs of the accident scene from multiple angles. Capture images of the vehicles involved, any skid marks, road conditions, traffic signs, and any other relevant factors that may have contributed to the accident. Additionally, gather contact information from witnesses who may have observed the accident.

• Preserve Evidence

Preserving evidence is crucial in truck accident cases as it helps establish liability and prove negligence. One of the most important pieces of evidence is the truck driver’s logbook. Commercial truck drivers are required to keep detailed records of their driving hours, rest breaks, and maintenance logs. These records can help determine if the driver violated federal regulations regarding hours of service, which can be a crucial factor in proving negligence. However, trucking companies are known to destroy or alter these records, so it is essential to act quickly in preserving evidence.

• Consult with a Truck Accident Lawyer

Navigating the legal process after a truck accident can be complex and challenging. Insurance companies and trucking companies have skilled adjusters and lawyers who will try to minimize your claim or deny liability altogether. To level the playing field and protect your rights, it is highly recommended to consult with a truck accident lawyer in Charlotte, NC. An experienced attorney will guide you through the legal process, handle communication and negotiations with insurance companies, gather evidence, and build a strong case on your behalf.

• Investigate the Cause of the Accident

Determining the cause of the truck accident is crucial in establishing liability. Common causes of truck accidents include driver negligence, lack of proper maintenance, defective truck parts, driver fatigue, distracted driving, and improper loading of cargo. A skilled truck accident attorney will conduct a thorough investigation to identify the cause of the accident and hold the responsible parties accountable. They will examine the truck driver’s qualifications, training, driving history, and compliance with federal regulations, as well as the trucking company’s hiring practices, maintenance records, and adherence to safety protocols.

• File an Insurance Claim

After receiving medical attention, reporting the accident, and consulting with a truck accident lawyer, the next step is to file an insurance claim. Truck accidents often involve multiple insurance policies, including the truck driver’s liability insurance, the trucking company’s insurance, and potentially other parties involved in the accident. Your attorney will assist you in determining the responsible insurance companies and help you navigate the claims process.

• Negotiate a Fair Settlement

Insurance companies often try to minimize settlements or deny liability altogether in truck accident cases. Having a skilled truck accident lawyer on your side is essential in negotiating a fair settlement. Your attorney will review all medical records, documentation of injuries, property damage, lost wages, and other related losses to calculate a fair amount for compensation. They will negotiate with the insurance company on your behalf, advocating for your rights and ensuring that you receive the maximum compensation you deserve.

• Pursue Legal Action if Necessary

If a fair settlement cannot be reached through negotiations, your truck accident lawyer may recommend pursuing legal action. In North Carolina, the statute of limitations for personal injury claims is generally three years from the date of the accident. However, it is crucial to consult with an attorney promptly, as there may be exceptions or shorter timeframes in certain situations. Filing a lawsuit allows you to present your case in court and seek compensation through a trial if a settlement cannot be reached through other means.

• Prepare for Trial

If your truck accident case proceeds to trial, your attorney will guide you through the preparation process. They will gather additional evidence, consult with expert witnesses, and build a compelling case to present to the jury. Going to trial can be a lengthy and challenging process, but with a skilled and experienced truck accident attorney by your side, you can have confidence in the pursuit of justice and fair compensation.

Seeking immediate medical attention, documenting the accident scene, preserving evidence, consulting with a truck accident lawyer, and filing an insurance claim are all crucial steps to protect your rights and seek fair compensation.