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Even minor motor vehicle accidents can result in victims suffering severe injuries. However, truck accidents can result in devastating injuries and tragic consequences for victims and their families. North Carolina law allows truck accident victims to seek financial compensation for their injuries and pain and suffering.
North Carolina is an “at-fault” state, so the driver at fault for causing the accident is responsible for paying all of the victim’s damages.
However, the state also has a strict contributory negligence law that stipulates if the victim is even slightly to blame for the accident, they are prevented from seeking compensation. As a result, insurers often look for ways to blame injured victims for causing truck accidents.
Due to the complexities involved in filing an insurance claim, it is always wise to hire an experienced truck accident lawyer to protect your legal rights.
Contact O’Malley Tunstall PC of Fayetteville, NC, and ask to schedule a free case evaluation so that we may evaluate your case and determine what legal options suit your needs.
Why Do Most Fayetteville Truck Accidents Occur?
A commercial truck accident can occur for many reasons, such as adverse weather conditions or drivers operating their vehicles on old, worn-out tires. However, tractor-trailer accidents can negatively affect victims and their families.
All commercial truck drivers must undergo extensive training to obtain a commercial driver’s license. However, many commercial drivers fail to adhere to federal regulations regarding weight limits and the hours they can drive, known as hours of service (HOS).
Additionally, many trucking companies push drivers to operate their commercial vehicles past their HOS so they can deliver loads early and go on to their next pick-up. As a result, truck driver fatigue plays a significant role in commercial vehicle accidents that can have deadly consequences for other motorists.
Some of the other most frequently cited factors stated in Fayetteville truck accident reports include:
- Speeding
- Distracted driving
- Failure to obey traffic laws
- Lack of proper truck maintenance.
- Equipment failure.
- Trucking companies hire unqualified or poorly trained drivers.
- Improperly loaded or overweight trailer.
- Poorly maintained roads.
If you or a loved one have been injured in a tractor-trailer crash due to someone else’s negligence, contact our Fayetteville truck accident lawyer immediately.
What Types of Injuries are Commonly Sustained in Commercial Truck Accidents?
As with any type of motor vehicle collision, motorists involved in truck accidents can sustain various injuries. However, due to the overall size and weight of the tractor-trailer, victims typically suffer serious injuries in most truck accident cases.
Common Truck Accident Injuries
Common injuries in truck accidents include:
- Broken bones or bone fractures
- Head, neck, and back injuries.
- Soft tissue injuries, including whiplash.
- Bruised or broken limbs
- Facial trauma from broken glass.
- Internal injuries
- Cuts and lacerations
- Post-traumatic stress disorder (PTSD).
Even though accident victims may recover from physical injuries, even with health insurance, they may still incur medical expenses that are challenging to pay.
Catastrophic Injuries
Even though many semi-truck accident victims suffer serious injuries, many can recover with proper medical care or to the point they can resume their lives. Unfortunately, some commercial truck accident victims suffer catastrophic injuries that forever change their quality of life.
Catastrophic injuries include:
- Traumatic brain injuries can occur when a victim’s head suddenly hits a stationary object or if it pierces the skull.
- Spinal cord injuries occur when the victim suffers injuries that could leave them partially or fully paralyzed.
- Amputations or loss of limbs.
Accident victims who suffer catastrophic injuries typically require specialized nursing care and medical testing for the rest of their lives. However, necessary specialized care can quickly create a dire financial crisis for the victim and their families.
Regardless of whether you have suffered minor or extensive injuries in a truck accident, seek medical attention immediately to protect your health and well-being. Then, contact O’Malley Tunstall PC and ask how you can schedule a free case review with a personal injury lawyer who can determine your legal options and help you seek the maximum compensation you deserve.
Who Can Be Held Liable for Commercial Vehicle Accidents?
Multiple parties may be held liable for a truck accident injury, including:
Truck Driver
Truck drivers are typically the first individuals considered liable in trucking accidents. If it can be proven that the driver did not adhere to Federal Motor Carrier Safety Administration (FMCSA) regulations, injury victims can file a personal injury claim against their insurance. Commercial trucks are equipped with mandatory black boxes that record speed, hours of operation, or if the driver failed to obey safety regulations and can be reviewed by personal injury lawyers.
Trucking Company
A trucking company may be held liable if it is determined that it hired an unqualified driver responsible for causing the accident. Often, trucking companies are desperate for drivers and do not conduct thorough background checks or ensure that they have proper training to drive a commercial vehicle.
Additionally, if the trucking company fails to properly maintain its vehicles, such as failing to perform routine maintenance, it may be held liable for the victim’s injuries.
Loading Company
A loading company may be held liable if it can be proven that they failed to properly load a commercial truck according to safety regulations. Improperly loaded trailers can lead to rollover accidents that seriously injure motorists and passengers.
To learn more about who may be held liable in a truck accident, contact our law firm immediately and ask to schedule a consultation with a skilled Fayetteville personal injury lawyer who can determine liability.
How Can I Recover Compensation to Pay for Damages After Being Injured in a Tractor Trailer Accident?
Personal injury victims often worry about how they will pay for medical costs, lost income, or property damages. North Carolina law allows an accident victim to try and recover fair compensation for their personal injury case.
Economic Damages
Economic damages are compensation for out-of-pocket expenses individuals have incurred due to injury. Some of the most frequently awarded economic damages include:
- Medical bills and other related expenses.
- Lost wages
- Loss of earning capacity
- Property damage
Non Economic Damages
Non-economic damages are those that cannot be assigned to a dollar amount. Although every case differs varies based on the facts and circumstances involved, some common non-economic damages include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life.
- Permanent disfigurement and scarring.
Contact our law firm to speak with a legal professional who will evaluate your case and determine appropriate damages.
How Can a Truck Accident Lawyer Help Me With the Insurance Company?
If you have suffered a serious injury in a truck accident, it is wise to hire an experienced lawyer to help you deal with the insurance company. Trucking and insurance companies have legal teams whose only job is to find loopholes so that they can deny truck accident claims.
Some of the most considerable advantages of hiring a truck accident to assist you with a personal injury claim include:
- Truck accident lawyers understand complex truck regulations and the procedures that truck drivers and their companies must follow. Understanding how a driver or their company has violated federal regulations is often critical to pursuing a claim.
- Truck accident lawyers use their knowledge to assess cases and determine liability issues quickly. If there are multiple liability issues, a truck accident attorney can sort out the legalities involved in the case to ensure that all negligent parties are held responsible.
- Truck accident attorneys will gather evidence to prove who is the at-fault driver.
- Truck accident attorneys have experience dealing with trucking and insurance companies and are fearless in advocating for their clients to help them obtain maximum compensation for their injuries.
O’Malley Tunstall PC is a law firm passionately committed to helping clients seek full and fair compensation and will fight to ensure that you are treated fairly.
What Makes Your Fayetteville Truck Accident Attorney the Right Choice for My Legal Needs?
O’Malley Tunstall PC is a law firm that takes pride in helping injured victims receive the fair treatment and justice they deserve. Most trucking companies deal with numerous yearly lawsuits that threaten to hurt their profitability. As a result, if you have been injured in a truck accident, you can count on the fact that the other side will have a team of lawyers working hard to deny or devalue your claim.
Our truck accident attorneys are familiar with the unethical tactics that insurance and trucking companies often use to blame victims. They have extensive experience fighting insurance companies and are committed to providing clients with high-quality legal representation.
Our dedicated team of legal professionals will act as your legal advocate with the insurance company and work to negotiate a final recovery that is in your best interests.
However, suppose the insurer is unwilling to negotiate full and fair compensation. In that case, our law firm is prepared to file a truck accident lawsuit to ensure you are compensated for damages.
Contact O’Malley Tunstall PC today at (919) 277-0150 and ask to schedule a no-obligation consultation with a truck accident lawyer who will evaluate your case and answer your legal questions.
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