Charlotte Truck Accident Lawyers

Recovering Maximum Compensation for Commercial Vehicle Accident Victims

With the increase in industry and population in the Charlotte area, there has also been a rise in reported truck accidents. Truck crashes are some of the most dangerous and deadly road accidents. A smaller passenger vehicle is no match for the sheer size and weight of a commercial vehicle.

Large truck crashes can leave accident victims dealing with serious injuries, expensive medical bills, and emotional trauma. Sadly, many accident victims involved in collisions with commercial trucks find themselves fighting with insurance companies when trying to file claims to recover financial compensation.

Trucking companies and their insurance companies face countless lawsuits annually filed by accident victims. Insurance providers have well-experienced legal teams on their side whose only goal is to find ways to deny or reduce the amount the claim is worth.

For these reasons, anyone injured in an accident must hire a Charlotte truck accident lawyer who will fight to protect their legal rights.

If you or a loved one has suffered serious injuries in a truck accident, contact O’Malley Tunstall PC and ask to schedule a free initial consultation so that we may evaluate your case professionally.

What are the Legal Advantages of Hiring a Charlotte Truck Accident Attorney?

A trucking company often fights against claims to protect its profits and other financial interests. The more claims made against a trucking company, the greater the chance that its rates will rise.

As a result, trucking companies are well-known for contesting claims with aggressive legal representation in attempts to deny victims fair compensation.

For this reason, truck accident victims must hire experienced attorneys who will help them safeguard their legal rights. Some of the most significant advantages of hiring a Charlotte truck accident attorney include:

Determine liability: In many truck accident cases, an insurance company will try to blame the victim for causing or contributing to the accident to avoid paying claims. An attorney can review the case or, through accident reconstruction, determine who is liable.
Help accident victims complete and file insurance paperwork on time: One of the most common reasons a truck accident claim is denied is that it is filled out incorrectly or not filed before critical deadlines.
Gather and evaluate evidence: A truck accident lawyer can gather and evaluate evidence to build your case including a copy of the truck driver’s driving record, employment reports, vehicle maintenance reports, and a report from the truck’s electronic control module (ECM).
Identify what damages accident victims may be entitled to recover: A Charlotte trucking accident attorney can assess the facts of the case and identify appropriate damages. Often, truck accident victims who file claims independently do not recover all the money they may have received had they hired an attorney.

What are the Most Frequent Causes of Charlotte Truck Accidents?

Charlotte truck accidents may occur at any place or at any time. As our area grows, more tractor-trailer trucks operate on congested roadways alongside commuters, leading to accidents.

However, several other commonly reported factors contribute to trucking accidents, which include:

Distracted driving
Speeding/reckless driving
Failure to obey traffic laws
Driving while impaired.
Improper loading of cargo.
Poor vehicle maintenance.
Adverse weather conditions.
Inadequate driver training.

However, truck driver fatigue is typically the most frequently cited reason for accidents. Federal trucking regulations limit truck drivers to the hours they can legally drive. However, a trucking company often pushes their driver to operate their commercial truck over their Hours of Service (HOS), leading to driver fatigue.

Under federal law, large commercial motor vehicles are generally allowed up to 80,000 pounds gross vehicle weight. Commercial trucks that exceed specified weight limits can lead to victims suffering severe injuries and even wrongful death.

If you need further clarification on why truck accidents happen, contact O’Malley Tunstall PC to schedule a free case evaluation with a qualified Charlotte truck accident attorney who can answer your questions.

What Are Some Common Injuries Sustained in Tractor Trailer Accidents?

Some of the most regularly documented injuries attributed to truck accidents include:

Head, neck, and back injuries
Whiplash and other soft tissue injuries.
Broken or fractured bones
Internal injuries
Facial injuries
Burns
Post-traumatic stress disorder (PTSD)
Spinal cord injuries
Traumatic brain injuries
Amputations

Any injuries suffered in a tractor-trailer accident can be severe due to the difference in size compared to a smaller vehicle. You must seek medical attention immediately if you have sustained a minor injury or have been severely injured. In many instances, internal injuries do not immediately manifest themselves, and failure to seek treatment could result in life-threatening consequences.

Finally, those who have suffered catastrophic injuries such as amputation, spinal cord, or traumatic brain injuries may face future medical expenses that can quickly become cost-prohibitive for them and their families.

No matter what injuries you have sustained, you must hire a Charlotte truck accident attorney who will fight to help you recover maximum compensation for your injuries.

How Do I Seek Compensation for My Truck Accident Injuries?

If you have been involved in a tractor-trailer crash, you have most likely suffered severe injuries and property damage. In a typical truck accident case involving injuries, a victim files a claim to try and recover economic damages to be reimbursed for medical expenses and other related costs they have incurred.

In addition, those injured by commercial vehicles may qualify for non-economic damages depending on the accident. Finally, if your case meets specific qualifications, you can file a truck accident lawsuit to try to recover punitive damages.

Economic Damages

Economic damages awarded in a truck accident case may include:

Past and future medical bills.
Lost income due to the inability to work.
Loss of future earning potential.
Property damages

Finally, you may be able to seek compensation for medical costs such as physical therapy and rehabilitation.

Non Economic Damages

Additionally, individuals injured in semi-truck accidents may also be able to recover noneconomic damages, also called compensatory damages. Compensatory damages are awarded based on the distinctive facts of the case, which may include compensation for:

Pain and suffering
Loss of enjoyment of life.
Emotional trauma
Permanent disfigurement and scarring.

Punitive Damages

Finally, you may be able to recover punitive damages after being involved in a truck accident. However, punitive damages are not available for every case. A plaintiff must prove that the truck driver, trucking company, or other entity acted with willful and wanton conduct. Willful and wanton acts that are deemed to be more than those considered gross negligence or malice.

Qualifying will and wanton elements in truck accident claims include:

The truck driver is driving under the influence of drugs or alcohol
The truck driver operates their commercial vehicle in a reckless manner that is likely to result in someone being injured.

If you want to learn more about the type of damages you may be able to recover, contact our Charlotte truck accident lawyers to schedule an appointment so that we may assess your insurance claim.

Can Our Family File a Wrongful Death Claim if We Lost a Loved One in a Truck Accident?

A driver’s worst nightmare is being involved in a dangerous truck accident. Motorists and passengers traveling in smaller motor vehicles are no match for large trucks, which leads to serious accidents. Sadly, all too often, commercial vehicle accidents result in the death of those traveling in passenger vehicles.

Even box trucks can pose a significant danger to the public due to blind spots and inability to stop quickly. However, one of motorists’ most significant risks is truck drivers negligently operating their commercial motor vehicles.

North Carolina law stipulates that wrongful death occurs when someone’s reckless, negligent, or intentional actions result in another party’s death.

Families who have lost loved ones in commercial vehicle accidents may be able to file a wrongful death claim to recover compensation. However, state law dictates that only a personal representative named in the deceased’s will can file a wrongful death claim. A personal representative may include:

Surviving spouse
Adult Child
Parent

If the decedent died without leaving a will, the court will appoint a representative who can then file a claim on behalf of the estate.

If you have experienced the death of a loved one due to a truck driver who acted negligently, your family may be entitled to recover compensation, which includes:

Reasonable funeral and burial expenses.
Medical bills the decedent incurred due to their fatal accident.
Pain and suffering endured by the decedent before their death.
Loss of guidance and support.
Emotional distress.

However, anyone who is considering filing a North Carolina wrongful death lawsuit should be advised that you have two years from the date of death to file a claim. Failure to file a claim before the deadline will most likely result in the case being thrown out and losing all legal recourse to recover compensation.

O’Malley Tunstall PC of Charlotte, NC, has extensive experience handling wrongful death claims and would be honored to assist you with your legal needs.

Why is it Critical to Hire a Truck Accident Attorney to Help Me Deal With the Insurance Company?

Many truck accident victims are unsure what they should do after being injured in truck crashes. In some instances, accident victims suffer debilitating injuries that leave them unable to work and take weeks, months, or even years to recover.

Insurance companies who insure motor carriers typically look for ways to avoid paying truck accident claims, which are often costly and affect the company’s bottom line. Furthermore, North Carolina’s contributory negligence law makes it easy for insurers to try and accuse victims of causing or contributing to accidents. Under the state’s contributory negligence doctrine, a victim is barred from seeking compensation if it is determined they contributed to the accident in any way.

However, a truck accident lawyer can safeguard your rights. Some of the other reasons why it is critical to hire a truck accident attorney include:

Act as your legal advocate with the insurance company.
Evaluate the trucking company’s insurance coverage to help maximize the compensation you may recover.
Negotiate with the insurance provider to help you obtain a fair settlement for your insurance claim.
File a lawsuit on your behalf if the insurance company refuses to negotiate.
Provide quality legal representation should your case need to go to trial.

O’Malley Tunstall PC has in-depth experience dealing with the trucking industry and its legal representatives. It will fight to ensure you receive maximum compensation for your incurred damages.

What Makes Your Charlotte Truck Accident Lawyer the Right Choice to Help Me Recover Financial Compensation?

O’Malley Tunstall PC has Charlotte truck accident lawyers who understand what it takes to get results for injured clients. Where other personal injury lawyers often focus on profits, our law firm cares deeply about our clients and their well-being.

We recognize that victims injured by tractor-trailers need time to recover. For this reason, we take pride in acting as a legal liaison between truck accident victims and insurers. We thoroughly evaluate truck accident claims to ensure clients obtain full and fair compensation for their injuries.

Our dedicated team of legal professionals will provide the quality legal representation you need to help you obtain maximum compensation to hold the responsible parties liable for the harm you have suffered. We understand you want to resume your life and have the peace of mind you deserve.

Contact O’Malley Tunstall PC of Charlotte, North Carolina, at (919) 277-0150 and ask to schedule a free, no-obligation consultation to discuss your legal options.