Truck Accident Lawyer Charlotte, NC

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When it comes to truck accidents in North Carolina (NC), the legal process and steps to take can be complex and overwhelming. If you or a loved one has been involved in a truck accident, it is essential to understand the necessary actions to protect your rights and seek fair compensation. The talented legal team at Ted A. Greve & Associates is ready to help, with offices in Charlotte and across North Carolina. Our Charlotte, NC truck accident lawyer can help.

Table of Contents

Steps To Take After A Truck Accident

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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. By understanding the legal process and having our knowledgeable Charlotte truck accident attorney on your side, you can navigate the complexities of your truck accident case. We will help you work towards obtaining the compensation you deserve for your injuries, damages, and other related losses.

Filing Insurance Claims For Truck Accidents

Seek Legal Assistance

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.

Identifying and Reporting

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.

Medical Evaluation and Records

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.

Building Your Case

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.

Key Steps for Effective Claims

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. Here are the most common truck accident injuries.

  • Traumatic brain injuries. 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.
  • Broken bones. 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.
  • Burns. 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. 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. 
  • Whiplash. 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. 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.

If you plan to pursue an injury claim after a truck accident, you should schedule a consultation with a Charlotte truck accident lawyer from Ted A Greve & Associates as soon as possible. 

 

Charlotte Truck Accident Infographic

COMMON TRUCK ACCIDENT INJURIES INFOGRAPHIC

Understanding Truck “Black Boxes”

In truck accident investigations, the “black box,” or Event Data Recorder (EDR), is paramount. It logs data such as speed, brake status, and engine performance, offering objective insights into the truck’s operation before an incident. This information can be pivotal when our Charlotte truck accident lawyer seeks to establish liability.

Speed and Performance Metrics

The black box’s speed log is crucial, especially considering commercial trucks’ longer stopping distances. Engine speed data further helps in assessing the driver’s behavior prior to a crash. These details can indicate whether speeding or aggressive driving contributed to the accident.

Brake Status and Maintenance Records

Brake data recorded by the EDR reveals whether the driver responded appropriately in an emergency and if the braking system was functioning correctly. Moreover, maintenance logs within the black box help ensure the truck was up to safety standards, often a critical factor in liability cases.

The Role of Black Boxes in Legal Claims

After a truck accident, data from the black box is key evidence. Our team of Charlotte truck accident lawyers, understand its significance in determining fault and piecing together the accident sequence. It’s evidence that provides a factual basis over subjective testimony.

Legal Advantage of Black Box Data

When the attorneys at Ted A. Greve & Associates handle a case, we rely on black box data to argue facts, not just witness accounts. This objective evidence is indispensable for a Charlotte truck accident lawyer to establish a strong case for liability and secure rightful compensation.

We Can Help Access and Interpret Black Box Data

We are seasoned professionals in truck accident litigation, we will meticulously analyze the black box findings to strengthen your case. Contact us to ensure every piece of evidence, including the invaluable black box data, is on your side.

Charlotte Truck Accident Statistics

According to National Highway Traffic Safety Administration, large trucks are involved in an average of 5,000 fatal crashes each year in the United States. The most common type of truck accident is a rear-end collision. Truck accidents are more likely to be fatal than car accidents.

Common Causes of Truck Accidents

Truck accidents often lead to catastrophic outcomes, and comprehending their causes is essential for prevention and safety. Various elements, ranging from human error to mechanical failure, play a role in these incidents. Here’s a closer look at some common contributing factors:

Driver Fatigue: Long hours and delivery pressures may cause truck drivers to operate while tired, leading to slower reactions and impaired judgment.

Distracted Driving: Activities like texting, eating, or adjusting in-cab electronics take the driver’s focus off the road, increasing accident risks.

Poor Vehicle Maintenance: Neglecting regular inspections and repairs can result in critical mechanical failures such as brake malfunctions and tire blowouts.

Inadequate Training: Drivers may lack essential skills and experience if training is compromised for quicker route commencement, leading to mishandling of the vehicle in demanding situations.

Preventive measures and strict compliance with safety protocols are crucial in mitigating these risks. At Ted A. Greve & Associates, we understand the complexity of truck accidents and the importance of identifying their causes. Should you find yourself affected by such an incident, we stand ready to offer our expertise. Let’s work together to ensure safety on the roads and support those impacted by truck accidents.

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.

1. Medical Expenses

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.

2. Future Medical Costs

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.

3. Lost Wages

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.

4. Potential Future Income Loss

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.

Documenting and Tracking Lost Income for Self-Employed Individuals

Self-employed individuals face unique challenges when it comes to documenting and tracking lost income after a truck accident. Unlike employees who receive regular paychecks, self-employed individuals may have fluctuating income that depends on the amount of work they are able to perform. It is crucial for self-employed truck accident victims to keep detailed records and documentation of their business income both before and after the accident to accurately calculate their lost income.

Here are some important steps for self-employed individuals to take in documenting their lost income:

  • Keep detailed records: Maintain records of all business-related income and expenses, including invoices, receipts, bank statements, and tax returns. These records will serve as evidence of your pre-accident income.
  • Document the impact of the accident: Record any missed business opportunities, canceled contracts, or contracts that were not renewed due to your injuries. Keep track of any potential income that was lost as a direct result of the accident.
  • Seek professional assistance: Consult with our experienced truck accident lawyer and consider hiring an accountant or financial expert who can help accurately calculate your lost income. These professionals can provide valuable guidance and testimony to support your claim for economic damages.
  • Provide clear and concise documentation: Present your records and documentation in a clear and organized manner, making it easier for insurance adjusters, lawyers, and juries to understand the impact of the accident on your financial situation.

A truck accident can have severe consequences, including significant economic damages for victims. Understanding the types of economic damages that can be claimed, such as medical expenses, future medical costs, lost wages, and potential future income loss, is essential for pursuing fair compensation. Documenting and tracking lost income, particularly for self-employed individuals, requires diligence and attention to detail. By seeking legal representation from our experienced Charlotte, NC truck accident lawyer and following the steps outlined above, victims can be better positioned to maximize their economic damages and receive the compensation they deserve.

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.

Pain and Suffering

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.

Psychological Trauma

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.

Loss of Activities and Enjoyment of 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.

Ongoing or Permanent Disability

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.

Vehicle Problems and Poor Maintenance

Truck accidents can have devastating consequences, often resulting in severe injuries, property damage, and even loss of life. While various factors can contribute to these accidents, one significant issue is vehicle problems and poor maintenance. Commercial trucks, like any other vehicle on the road, require regular maintenance and upkeep to ensure they are safe and roadworthy. Neglecting maintenance can lead to a host of problems, increasing the risk of accidents.

Brake Problems

Brakes are one of the most critical safety components of any vehicle, especially large commercial trucks. The weight and size of these trucks make them more challenging to slow down and stop. Therefore, any issues or malfunctions with the braking system can have catastrophic consequences. Some common brake problems that can contribute to truck accidents include:

Brake fade occurs when the brakes lose their effectiveness due to excessive heat build-up, typically caused by prolonged or repeated heavy braking. When a truck’s brakes fade, it significantly increases the stopping distance, making it difficult for the driver to bring the vehicle to a halt in a timely manner.

Brake failure can occur due to various reasons, including worn-out brake pads, leaking brake fluid, or malfunctioning brake lines. When a truck’s brakes fail, the driver may lose control of the vehicle, leading to a collision with other vehicles or objects on the road.

An imbalance in the braking system can cause uneven braking, resulting in unstable handling and increased stopping distances. This imbalance can occur when one set of brakes is worn or damaged more than the others, leading to reduced braking capacity.

Tire Problems

Tires play a crucial role in maintaining traction and stability on the road. However, when commercial truck tires are not properly maintained, they can contribute to accidents in several ways:

Tire blowouts occur when the tire suddenly bursts, usually due to issues such as underinflation, overloading, or worn-out treads. When a truck experiences a tire blowout, it can cause the driver to lose control of the vehicle, resulting in a potentially catastrophic accident.

Tread separation refers to the separation of the tire’s tread from the underlying layers. This can occur due to various factors, including manufacturing defects, inadequate maintenance, or driving on underinflated tires. Tread separation can lead to sudden loss of control, particularly at high speeds, increasing the risk of accidents.

Hydroplaning occurs when a thin layer of water separates the tires from the road surface, leading to loss of traction and control. Commercial trucks are especially susceptible to hydroplaning due to their weight and the large surface area of their tires. Inadequate tire maintenance, such as improper tire pressure or worn-out treads, can significantly increase the risk of hydroplaning, especially in wet weather conditions.

Cargo Shifts

Improperly loaded or secured cargo can also contribute to truck accidents. When cargo shifts or becomes unbalanced during transit, it can affect the truck’s stability and maneuverability, increasing the risk of rollovers, jackknifes, or sudden lane changes. Some common causes of cargo shifts include:

Overloading

Overloading a truck beyond its maximum weight limit can lead to an unbalanced load, shifting the center of gravity and compromising the vehicle’s stability. This can make it challenging for the driver to control the truck, especially during turns and sudden maneuvers.

Improper Loading and Securing

When cargo is not properly loaded and secured, it can shift or fall out of the truck during transit. This can distract the driver, obstruct visibility, or create obstacles for other vehicles on the road, potentially leading to accidents.

Hazardous Road Conditions and Truck Accidents

Understanding the role of road conditions in truck accidents is vital for safety and legal accountability. Here, we condense the key points concerning potholes and poor roadway maintenance, highlighting the government’s potential responsibility.

Potholes

  • Impact on Trucks: Hitting a pothole can lead to loss of vehicle control, especially under high speed or heavy load.
  • Consequences: The result can be tire blowouts or damage to the truck’s suspension and steering, increasing accident risks.

Poor Roadway Maintenance

  • Safety Compromise: Faded lane markings, inadequate drainage, and uneven pavement can lead to truck instability and collisions.
  • Governmental Responsibility: The government could be liable for neglecting road maintenance, leading to accidents.

Legal Considerations

  • Proving Liability: Evidence such as photos, reports, and expert testimony must link the condition to the accident and show governmental knowledge and inaction.
  • Complexities: Legal claims against the government involve navigating immunities and jurisdictional nuances.

If hazardous road conditions lead to an accident, contacting a Charlotte truck accident lawyer can be crucial. At Ted A. Greve & Associates, we’re committed to guiding you through the legal process, helping establish liability, and pursuing fair compensation. Let’s join forces to tackle the aftermath of such incidents effectively.

Charlotte Truck Accident Laws

If you have recently been injured in a truck accident, it is helpful to have a basic understanding of laws impacting these incidents, as a Charlotte, NC truck accident lawyer can explain. At Ted A. Greve & Associates, we specialize in providing experienced legal counsel in Charlotte for those affected by truck accidents, guiding them through the complex legal framework that governs such cases in the state.

Liability In A Truck Accident

In North Carolina, it can be complex to determine who is liable in an accident. Our Charlotte truck accident lawyers are well-versed in the state’s laws, which often involve several potentially responsible parties. These may include the truck driver, the trucking company, the cargo loaders, and even manufacturers in cases of defective equipment. North Carolina follows the “contributory negligence” rule, which means that if a victim is found even partially responsible for the accident, they may be barred from recovering damages. Our attorneys at Ted A. Greve & Associates work diligently to build strong cases that establish the fault of the other parties involved, ensuring that our clients have the best chance at receiving the compensation they deserve.

Statute Of Limitations

You should be aware of the principle of statute of limitations. Generally, victims have three years from the date of the accident to file a lawsuit for personal injuries. However, the specifics of each case can vary, and exceptions may apply. Consulting with a Charlotte truck accident lawyer from Ted A. Greve & Associates early in the process ensures you meet all the necessary deadlines to protect your legal rights.

Strictly Enforced Truck Regulations

North Carolina adheres to federal regulations established by the Federal Motor Carrier Safety Administration (FMCSA) for commercial trucks. These regulations cover various aspects of truck operations, including hours of service, vehicle maintenance, and cargo securement. If these regulations are violated, it can impact liability, as a skilled Charlotte truck accident lawyer can explain. Our team is well-versed in these federal regulations and conducts thorough investigations to determine if any violations occurred that may have contributed to the accident. This expertise is essential when pursuing compensation for our clients, as it can make a substantial difference in the outcome of a case.

Ted A Greve and Associates Charlotte Truck Accident Law Firm

1201 N Tryon St
Charlotte, NC 28206

Contact Ted A Greve & Associates Today

Navigating North Carolina’s truck accident laws can be daunting, but with the assistance of our skilled Charlotte, NC truck accident lawyer, you can protect your rights and seek the compensation you deserve. At Ted A Greve & Associates, our attorneys have extensive experience handling truck accident claims and can help you seek maximum compensation. We understand that these cases are complicated and time-sensitive. That’s why we take a personalized approach to each case, ensuring that your rights are fully protected at every stage of the legal process. Our team will work diligently to gather evidence, evaluate all potential sources.

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