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June 15, 2023
Clarke Speaks

An Experienced Wilmington Truck Accident Lawyer Explains What You Need to Know About Truck Accidents

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If you or a loved one has been involved in a truck accident in Wilmington, you may have already discovered that navigating a truck accident's aftermath is no simple task. It’s often a complex and challenging process that requires the experience of a skilled Wilmington truck accident lawyer to ensure you receive fair compensation for your injuries and pain and suffering.

But why are truck accidents so complex, and how can an experienced truck injury lawyer help? Read on to find out the answers to these questions and more.

If you have any questions or need help with your personal injury claim, don't hesitate to contact a member of our legal team now. Call Speaks Law Firm at (910) 341-7570 for a FREE case review. Who speaks for you? We do!

Wilmington truck accident lawyer

Defining a Truck

Before we dive into the details of truck accidents and the injuries they can cause, let's ensure we're all on the same page about what we mean when we say "truck."

A truck is a motor vehicle designed and constructed primarily for transporting goods or materials rather than people. Trucks are characterized by their large size and capacity, with the ability to carry heavy loads over short and long distances.

Trucks can vary significantly in size, structure, and purpose. They range from smaller light-duty trucks like pickup trucks, often used for personal use or small-scale commercial activities, to heavy-duty commercial trucks like semi-trucks or tractor-trailers, designed to haul large quantities of goods across long distances.

The Complexities of Truck Accidents in Wilmington

Truck accidents in Wilmington present a unique set of challenges compared to standard car accidents, mainly due to factors such as:

  • Size and weight of commercial trucks
  • Parties involved
  • Potential for severe injuries and damages

In the aftermath of such an accident, victims and their families often find themselves burdened with crippling medical expenses, loss of income, and the emotional distress the incident caused.

Pinpointing the party at fault and demonstrating their negligence or misconduct becomes paramount to succeeding in a personal injury claim. It's not uncommon for trucking companies and their insurance providers to evade liability by shifting blame or underplaying the accident’s severity.

This makes securing legal representation after a truck accident crucial. An attorney can collect the necessary evidence, establish liability, navigate the intricacies of the case proceedings, and hold the defendant accountable for any damages incurred.

Factors Contributing to Truck Accident Complexity

Factors Contributing

In 2021, North Carolina experienced 4,920 accidents involving semi-trailers. This resulted in  68 fatalities and 1,142 injuries. These alarming statistics from the North Carolina Department of Motor Vehicles highlight the need to be aware of the risks associated with passenger vehicles sharing the roads and highways with large trucks, which can cause significant damage in an accident.

As mentioned, one reason for the complexity of truck accidents is the size and weight of commercial trucks. A loaded tractor-trailer can weigh almost 20 times more than most cars, requiring a 20-40% greater distance to come to a halt than cars.

Trucks also have a higher ground clearance and center of gravity, making them more prone to rollovers. The types of trucks involved in accidents in North Carolina in 2021 included the following:

  • Truck trailers
  • Double tractors
  • Single-unit trucks with three or more axles
  • Single-unit trucks with two axles and six tires

Another layer of complexity in truck accidents is the involvement of multiple parties. Besides the truck driver, the trucking company and the vehicle's manufacturer may also bear responsibility for the accident.

This multifaceted aspect of liability in commercial truck accidents accentuates the necessity for an experienced Wilmington truck accident attorney capable of navigating these challenging cases.

Injuries and Damages

Injuries and Damages

Truck accidents can result in severe injuries and damages, further complicating the process of seeking compensation.

Common Injuries

Injuries can range from physical to psychological. Both are equally debilitating and can profoundly impact your life.

  • Head and Brain Injuries: One of the most severe injuries suffered in truck accidents is traumatic brain injury (TBI). A TBI can lead to cognitive issues, behavioral changes, and even physical disabilities.
  • Spinal Cord and Back Injuries: These can result in chronic pain, limited mobility, or in severe cases, paralysis.
  • Broken Bones: Truck accidents often result in fractures due to the force of the collision. These injuries require extensive medical care and recovery time.
  • Burns: Fuel tank explosions or leaks can cause severe burns, leading to long-term scarring and requiring substantial medical treatment.
  • Post-Traumatic Stress Disorder (PTSD): The emotional trauma of a truck accident can lead to PTSD, causing flashbacks, nightmares, and severe anxiety.
  • Anxiety and Depression: The aftermath of a truck accident can induce significant emotional stress leading to conditions like anxiety and depression.

Property Damage

Wilmington truck accident lawyer

Property damage is another factor that adds to the complexity of truck accident cases, as trucks can cause significant property damage in an accident due to their size and weight.

Identifying Common Causes of Truck Accidents in Wilmington

Understanding the common causes of truck accidents in Wilmington can help you when seeking compensation for your injuries. These truck accidents can be attributed to various factors, including driver negligence, vehicle and equipment issues, and external factors like weather or road conditions.

In this section, we'll discuss each of these causes in more detail, highlighting the importance of identifying the root cause of an accident to hold the responsible party accountable and secure the best possible outcome for you and your family.

Driver-Related Causes

Driving a large truck isn't easy, and sometimes, things go wrong on the road. Accidents happen, and often, it's because of mistakes the driver makes.

One big problem we see in Wilmington is driver negligence. It could be anything from driving too fast, getting too close to the car in front, or making illegal turns.

Distractions are another big issue. Whether it's a phone call, a text message, a quick bite to eat, or even changing radio stations, anything that takes a driver's focus off the road can lead to accidents.

Fatigue is also a serious concern, particularly for truck drivers with long routes and tight schedules. An overly tired driver can be as dangerous as a distracted or impaired one.

Speaking of impairment, driving under the influence of drugs or alcohol is another contributing factor. It doesn't just affect a driver's judgment and reaction times – it makes controlling a massive truck incredibly difficult, putting everyone on the road in danger.

Vehicle and Equipment Issues

We can't always blame the driver when a truck accident happens. Sometimes, the truck itself is the problem. Faulty equipment or mechanical issues can cause serious accidents. Let's break down some of the main vehicle and equipment issues that can lead to accidents:

Vehicle and Equipment Issue Potential Consequence
Faulty brakes Can lead to inability to stop, resulting in severe accidents
Tire blowouts May cause the driver to lose control, leading to severe accidents
Defective steering components and suspension systems Makes the truck unmanageable, increasing the likelihood of accidents
Improper trailer attachment Trailer can detach while the truck is in motion, causing widespread damage and catastrophic injuries
Inadequate lighting and reflectors Decreases visibility of the truck, particularly in poor weather or at night

This is why it's critical for trucking companies to regularly check their trucks and fix any issues to ensure their trucks are safe to be on the road. If a trucking company fails to do this and an accident happens, they can be held responsible.

External Factors

W ilmington truck accident attorney

Weather conditions like icy roads, heavy rain, fog, and strong winds can cause truck accidents. Inadequately secured cargo can include heavy loads, loose items, and hazardous materials. Tire blowouts can be attributed to potholes, debris, or other obstacles present in the road.

Determining Liability in Wilmington Truck Accidents

Figuring out who's responsible for a truck accident isn't always straightforward. Multiple parties are usually involved, and any one could be at fault. Here are some key players and their responsibilities:
Determining Liability in Wilmington Truck Accidents

The Truck Driver

These professionals truck drivers are responsible for:

  • Adhering to all traffic laws
  • Possessing a valid commercial driver's license
  • Taking regular rest periods as mandated to ward off fatigue
  • Abstaining from any alcohol or drug use while operating their vehicle

The Trucking Company

The trucking companies are responsible for:

  • Regular inspection and proper maintenance of their trucks
  • Adequate training and supervision for their drivers
  • Compliance with regulations concerning driving hours, weight limits, and cargo security is a must
  • Obtaining insurance coverage to handle potential claims from accidents

The Manufacturer

Sometimes, the fault lies not with the driver or the company but with the truck itself:

truck accident lawyer

  • If a defect in the truck or one of its components causes an accident, the injured party may file a claim against the designer, manufacturer, or seller
  • This claim could involve issues in the design or production of the truck or its parts that contributed to the accident

As you can see, determining who's to blame in a truck accident involves multiple factors. That's where a proficient truck accident lawyer becomes essential. They can help navigate this complex process to ensure accountability.

Types of Compensation Available in a North Carolina Lawsuit

Types of Compensation Available in a North Carolina Lawsuit

If you're the victim of a truck accident in North Carolina, you may be entitled to several types of compensation to help you recover from your accident. The primary categories of compensation, also known as "damages," are:

Economic Damages

These are quantifiable costs resulting from the accident. They include the following:

  • Medical Expenses: This covers past, present, and future medical costs related to your injuries, including surgery, rehabilitation, medication, and any necessary medical equipment.
  • Lost Wages: If your injuries prevent you from working, temporarily or permanently, you can be compensated for your lost income.
  • Property Damage: If your vehicle or other property was damaged in the accident, you can seek compensation for repairs or replacement.

Non-Economic Damages

These damages are harder to quantify as they deal with the intangible effects of the accident on your life. They include:

  • Pain and Suffering: This covers the physical pain and emotional distress you've endured due to the accident.
  • Loss of Consortium: If the accident negatively impacts your relationship with your spouse, you may be entitled to compensation.
  • Loss of Enjoyment of Life: If your injuries have affected your ability to enjoy hobbies, activities, or other aspects of life, you may receive compensation.

Punitive Damages

In cases where the truck driver’s behavior was particularly egregious or reckless, the court may award punitive damages. These are designed to punish the wrongdoer and deter similar conduct in the future.

Navigating these different categories of compensation can be complex. With the help of an experienced Wilmington truck accident attorney, you can better understand what you're entitled to and work to secure the maximum compensation possible for your injuries.

Statute of Limitations and Contributory Negligence Laws

North Carolina has specific laws that can impact truck accident cases, including the statute of limitations for filing a lawsuit and the state's contributory negligence laws.

Statute of Limitations

The statute of limitations for filing a truck accident lawsuit in Wilmington is three years from the date of the wreck. Adhering to the statute of limitations is essential when seeking compensation through an insurance settlement or lawsuit, as failing to do so can result in lost leverage and the potential to obtain restitution.

If the statute of limitations expires, your ability to recover compensation is forfeited. Consult with an attorney as soon as possible after an accident to ensure your claim is filed within the required time frame.

Contributory Negligence

North Carolina's contributory negligence laws can significantly impact truck accident victims seeking compensation. Under these laws, if you are found to be even 1% at fault for your injury, you are precluded from obtaining any compensation.

The legal principle of contributory negligence in North Carolina is more of a common law doctrine established through court rulings rather than a specific statute. It has been reaffirmed in many court cases.

For example, in the 2018 case of Davis v. Hulsing Enterprises, the North Carolina Supreme Court reaffirmed the doctrine of contributory negligence. In this case, the plaintiff was injured when she tripped over a speed bump in a hotel parking lot.

Even though the defendant was found to have been negligent in their duty to provide safe premises, the plaintiff was found to be contributorily negligent and thus barred from recovering damages.

A Wilmington truck accident attorney can assist by gathering evidence to demonstrate that  you were not partially liable for the accident and by negotiating with the other party to attempt to reach an agreement.

How a Wilmington Truck Accident Attorney Can Help

 

When you find yourself at the center of a truck accident, navigating the journey to recovery can be overwhelming. This is where a Wilmington truck accident attorney proves invaluable, providing the guidance and support you need during this difficult time. Here's how your attorney can help:

Investigation and Gathering Evidence

Your attorney can thoroughly investigate your accident, gathering critical evidence such as accident reports, witness testimonies, and information from the truck's electronic control module.

Navigating Complex Laws

Truck accident laws can be intricate, especially with aspects like contributory negligence in play. An experienced attorney understands these complexities and can navigate them effectively.

Identifying Liable Parties

Determining liability in a truck accident can be challenging due to the involvement of multiple parties. Your attorney can help pinpoint all liable parties, from the truck driver to the manufacturer of faulty truck parts.

Negotiating with Insurance Companies

W ilmington truck
Insurance companies often aim to minimize the payout. An experienced attorney can advocate for your interests and negotiate a fair settlement.

Representing You in Court

If a fair settlement isn't possible through negotiations, your attorney is prepared to represent you in court to fight for the compensation you rightfully are entitled to.

Having a skilled truck accident attorney by your side can make a significant difference in your recovery journey. Their knowledge, experience, and dedicated advocacy can ease your burden and help you focus on healing while they handle the legal complexities.

Final Thoughts

Truck accidents in Wilmington can lead to severe injuries, massive damages, and a substantial financial toll on victims and their families. The situation post-accident can be overwhelming and complex, demanding the experience of a skilled Wilmington truck accident lawyer.

With a dedicated attorney by your side, you can effectively navigate the truck accident aftermath, identify responsible parties, and pursue the compensation for your injuries and suffering.

Your lawyer will ensure your rights are protected while striving for maximum compensation. You'll find strong advocacy and the compassion and guidance you need during this challenging phase.

Frequently Asked Questions

Q: What should I do immediately after a truck accident?

A: Seek immediate medical attention and then contact an experienced truck accident lawyer. For a more detailed response, see our blog here.

Q: What kind of compensation can I expect after a truck accident?

A: Compensation can cover medical expenses, lost wages, property damage, and pain and suffering.

Q: Who can be held responsible in a truck accident?

A: The truck driver, trucking company, truck manufacturer, or cargo loader can potentially be held liable.

Q: Do I need a lawyer after a truck accident?

A: Yes, a lawyer can help navigate the complexities of truck accident cases and help you receive fair compensation.

Q: Can I afford a truck accident lawyer in Wilmington, NC?

A: Many lawyers operate on a contingency fee basis, meaning they only get paid if they win your case.

Let the North Carolina Truck Accident Lawyers from Speaks Law Firm Advocate for You

When facing the aftermath of a truck accident, you might feel overwhelmed by medical bills, insurance negotiations, and the complexity of the legal system. But remember, you don't have to navigate this challenging time alone. The Speaks Law Firm is here to help.

Recognized by national organizations for our experience, professionalism, and results, we’re known for advocating for good people who have suffered personal injuries. We're passionate about helping victims seek fair compensation to aid their recovery and restore their lives.

We understand the emotional turmoil and financial strain that truck accidents can bring. Our North Carolina truck accident lawyer team, armed with years of experience and empathy, will advocate for you. Your fight becomes our fight, and we won't rest until we've done everything we can to help you secure compensation for your injuries and pain and suffering.

Don't let the complexities of a personal injury lawsuit overwhelm you. Reach out to Speaks Law Firm today. Call us at (910) 341-7570 or complete our online form to schedule your FREE case review. Remember when you ask, "Who speaks for me?" The answer is Speaks Law Firm!

Copyright © 2024. Speaks Law Firm. All Rights Reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
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Speaks Law Firm is recognized by National Attorney ranking services for excellence in the fields of auto injury and workers’ compensation in North Carolina.
Copyright © 2024. Speaks Law Firm. All Rights Reserved.
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