Did you get hurt in a truck accident? Was it the result of a truck driver who was tailgating you? If so, contact DeMayo Law Offices, and we will review your case to determine if you are entitled to financial compensation.
Following a car too closely is negligent behavior that can lead to a devastating crash and serious injuries. The truck driver is supposed to follow basic traffic laws and comply with federal and state laws. When they violate these laws, they could be held liable for any injured person’s medical bills, lost wages, and other expenses.
When a large truck collides with the rear of another vehicle, it can cause debilitating injuries and fatalities. You deserve to hold the truck driver accountable for their careless actions and pursue the compensation you need to cover your losses. At DeMayo Law Offices, we have over 150 years of combined legal experience helping accident victims with their cases. If you want to find out more about our services, call us at (704) 333-1000 for a free consultation.
How Tailgating Can Contribute to An Accident
Tailgating is an aggressive behavior that puts other people in danger. When this behavior accompanies other careless actions, it can increase the risk of an accident. Other factors coupled with tailgating that could cause a truck driver to lose control and lead to a crash include:
- Road rage
- Distracted driving
- Slow-moving vehicles
- Impaired driving
- Traffic congestion
North Carolina statute § 20-152 prohibits drivers from following someone more closely than is prudent and reasonable, accounting for road conditions, traffic, and the speed of other vehicles. There needs to be enough distance to stop or slow down if the car ahead stops or slows down. If someone is tailgating, there likely won’t be enough time to react and avoid a crash.
Many experts suggest following the three-second rule. Choose a stationary object and count how many seconds it takes to pass it after the vehicle in front does. If it is at least three seconds, the following distance is adequate.
Begin the Legal Process Immediately After the Tailgating Accident
If you get hurt in a truck accident, what you do next is crucial. You should begin collecting evidence at the scene if possible. Even if you don’t plan to pursue a claim or lawsuit, you should prepare for it just in case you change your mind. Even someone with a minor injury might be able to recover some compensation for their expenses.
- Step 1 – North Carolina law requires that you report an accident if it results in serious injury or death to anyone involved. Wait for the police to arrive and investigate. Do not leave the scene before they get there.
- Step 2 – Ask the truck driver for their name, contact information, insurance details, and employer information.
- Step 3 – Take photos of the crash scene, damage to all vehicles, and visible injuries you sustained.
- Step 4 – If anyone witnessed what happened, speak to them, and write down their names and phone numbers.
- Step 5 – Go to the hospital. Even if it seems that your injury is minor, it would be a good idea to seek immediate medical care. Sometimes, the shock of an accident can diminish some injuries, and others don’t cause any symptoms until days or weeks later.
- Step 6 – Bring your car to a repair shop for an estimate of the damage.
- Step 7 – Hire a Charlotte tailgating accident lawyer.
Compensation You Could Pursue from An Insurance Claim or Lawsuit
There’s a fault system in North Carolina when determining financial responsibility after a motor vehicle crash. That means the person at fault must compensate the victims for their injuries and associated costs. If you file an insurance claim, you could receive a settlement up to the limit listed on their policy.
Large trucks can cause significant damage to smaller vehicles and life-threatening injuries. That is why truck drivers are required to carry high coverage on their insurance policies. They must have at least $300,000 in liability for a commercial truck weighing under 10,001 pounds and transporting non-hazardous freight. If the vehicle is over 10,000 pounds, liability coverage must be $750,000. Coverage should be over $1 million if the driver is transporting hazardous materials.
Liability insurance should compensate for the damages you suffered. Damages are the losses associated with an accident and injury. They include:
- Emotional distress
- Loss of enjoyment of life
- Car repair or replacement
- Medical bills
- Out of pocket costs
- Pain and suffering
- Lost wages
- Lost earning capacity
- Loss of consortium
DeMayo Law Offices will review all the damages you incurred to determine a fair monetary value for your case. We will consider your total costs, the suffering you endured, and other factors to come up with the right number. Some of these factors might include:
- Type of injury and how severe it is
- Total past and future medical expenses
- Evidence proving the truck driver was at fault
- Impact of the accident on quality of life
- Length of the recovery period
- Disability or impairment caused by the injury
- Amount of available insurance coverage
- Emotional or psychological injuries, such as anxiety or post-traumatic stress disorder (PTSD)
Our Charlotte tailgating accident lawyers will maximize the value of your case, so you receive compensation for past and future damages. Insurance companies are known for not being fair to claimants, but we will aggressively pursue the maximum settlement available.
Injured In A Tailgating Accident? Contact DeMayo Law Offices
We have been providing legal services to injured individuals throughout North Carolina since 1992. When you hire us, we will be transparent in our communication and guide you through the entire process from start to finish. Our experienced team will advocate for your rights and seek the justice you rightfully deserve.
DeMayo Law Offices believes accident victims should have the opportunity to pursue legal action after a devastating accident. That is why we take cases on a contingency fee basis. You’ll pay no upfront fees or costs for us to represent you. We don’t get paid unless you do.
Call us at (704) 333-1000 for a free consultation if you got hurt in a tailgating truck accident. One of our Charlotte tailgating accident lawyers will meet with you to discuss your case and help you recover from this traumatic experience.