Truck companies and drivers have a responsibility to follow state and federal regulations as well as maintain excellent driving habits in order to keep other drivers safe. Unfortunately, too often, truck accidents occur resulting in serious injury, especially in high-traffic, high-speed areas around Interstate 95 and Interstate 295.
If you or a loved one has been injured due to a trucking accident, you may be entitled to compensation for medical bills, lost wages, and the pain and suffering you’ve experienced. When you need a Fayetteville truck accident lawyer to help you get the compensation you deserve, Irons & Irons P.A. is by your side to navigate the complexities of your case and work to secure the damages you need to help get your life back on track.
How Do Truck Accidents and Car Accidents Differ?
A truck accident is defined as a collision between a commercial truck, typically with a gross vehicle weight rating (GVWR) over 10,000 pounds, and a passenger vehicle. Commercial trucking accidents are more serious because when a vehicle of that weight and size collides with a vehicle that is only around 3,000 pounds, the smaller vehicle will take on much more damage, and passengers are more likely to sustain more significant injuries.
In addition to the seriousness of the accident, truck accident claims are significantly more complicated than traditional auto accidents.
- Truck drivers are responsible for knowing and following federal and state laws that don’t apply to regular vehicles and drivers, such as having to take 10 consecutive hours off after driving 11 hours in one day.
- Trucking companies are required to carry specific types of insurance and keep their vehicles at a higher level of maintenance.
- There are regulations related to cargo size, particularly for hazardous substances.
- Several defendants may be responsible for a truck accident, including the truck driver, trucking company, part manufacturer, and maintenance or repair company.
Types of Truck Accidents
North Carolina truck accidents are often caused by someone else’s negligence, including:
- Truck driver fatigue due to overworking;
- Failing to follow traffic laws like reckless driving or speeding to make deadlines;
- Distracted driving
- Improper training or lack of experience
- Driving while intoxicated
- Trucking companies not keeping up with truck maintenance
- Overloaded vehicles
Why You Need a Truck Accident Attorney
As we mentioned, a commercial truck accident is significantly more complex and has more “moving parts” than a passenger vehicle collision. Having legal counsel on your side to navigate these complexities can result in a much more favorable outcome because truck accident attorneys can offer the following:
- Determine how much your case is worth, factoring in non-economic damages like pain and suffering or punitive damages.
- Access records and information to determine a pattern of negligence by the truck drivers or trucking company to improve your outcome.
- Connect with medical experts and expert witnesses to better understand the severity of your injuries and what they mean for your long-term quality of life.
- Offer in-depth knowledge of federal and state truck regulations that can make it easier to navigate the case.
- Determine who the liable parties are and find the insurance company that should pay the proper damages to the accident victims.
- Bringing knowledge and experience from past truck accident cases to better understand your case.
Most of all, you need an experienced truck accident attorney who will act as your advocate and is dedicated to securing fair compensation for you or your loved ones, whether they can settle out of court for a fair amount or take the case to a jury.
Contributory Negligence in a Truck Accident
In North Carolina, if your case goes to trial, the jury must determine if any contributory negligence occurred, meaning if you were in any way responsible for the accident. For example, if the truck driver was speeding and driving recklessly and collided with your car, they would be at fault. However, if your brake light was out and they didn’t see you slowing down, the jury could determine that you are partially at fault for the collision with the tractor trailer or truck. If the jury finds you in any way at fault for the accident, they are unable to award damages.
Statute of Limitations for Truck Accident Victims
After being injured in an accident involving a commercial truck, you have three years from the date of the accident to file a claim in civil court. If you fail to meet the statute of limitations, the judge can refuse to hear the case. Often, trucking and insurance companies will drag their feet during negotiations in a personal injury case in order to run out the statute of limitations and avoid having to pay damages.
Why Choose Us As Your Truck Accident Attorney?
We understand that it can be hard to make a choice from the hundreds of truck accident attorneys all vying for your case. However, Attorney Harry H. Albritton is an experienced truck accident lawyer with Irons & Irons P.A. who has been practicing personal injury law in North Carolina for over 20 years and has a track record of excellence. He offers a combination of compassionate legal counsel and aggressive representation as he stands up to insurance and trucking companies to hold them accountable for their negligence.
Unlike other truck accident lawyers who take on as many cases as possible, we limit our cases in order to provide one-on-one attention and be more available to our clients, able to answer their questions and address their concerns as they happen. We also know that the negotiation process and court proceedings can be confusing and stressful, which is why will be there to guide you through the process and understand what you can expect at each stage. Most importantly, we have your well-being in mind. Our law firm will fight to secure fair compensation in your case so you can move forward with security and confidence.
Attorney Albritton represents clients who have sustained the following types of injuries:
- Spinal cord injuries
- Concussion and traumatic brain injuries
- Whiplash and neck injuries
- Broken bones
- Contusions and scarring
Frequently Asked Trucking Accident Questions
If you were injured in a tractor trailer accident, we understand you have questions. To help you better understand the process, we’re sharing some of our frequently asked questions regarding commercial trucks and tractor trailer accidents.
How Much Does It Cost to Hire a Fayetteville Truck Accident Lawyer?
Any fees collected are based on the settlement or damages awarded. Because we understand the strain you’re under, we don’t collect fees until you get paid.
Who Is Liable in a Trucking Accident?
While it depends on the circumstances, in a North Carolina truck accident, multiple parties can be held liable, including the driver, the trucking company, parts manufacturers, or third-party hiring companies may be held liable.
What Should I Do After a Truck Accident
- Assess yourself and anyone in the vehicle for injuries
- Call 911 to report the accident
- If possible, take pictures of the accident scene, including damage to your vehicle and any conditions that may have influenced the crash.
- Get witness information, including any names and phone numbers.
- Write down exactly what happened as soon as you can so it’s fresh in your mind.
- Don’t speak to an insurance company or other drivers to avoid inadvertently claiming fault.
- Seek medical treatment, even if you don’t believe you were injured. Often, victims won’t realize they’ve been injured for days after the collision.
- Contact Irons & Irons P.A., a personal injury law firm for a case consultation.
Schedule a Free Case Evaluation with a Fayetteville Truck Accident Attorney Today
If you were injured in a commercial truck or tractor trailer accident, Attorney Albritton and our team can help you get the compensation you deserve. To schedule a free case evaluation, call us at 252-215-3000 or fill out our contact form below.