After being hit by a DHL truck, you should make sure you are safe, check yourself for any injuries, and call for immediate medical assistance. Then, if no one else at the scene has called the police, reach out to law enforcement immediately and wait for them to arrive.
The aftermath of a crash with a commercial delivery truck can be chaotic, leaving you facing medical expenses, missed work, and uncertainty about who is responsible for your losses. A Charlotte DHL truck accident lawyer can protect your rights and explain your legal options.
At DeMayo Law Offices, we have decades of experience fighting for people injured in truck accidents. We’re committed to holding negligent companies accountable and securing fair compensation for victims like you.
Contributory Negligence in North Carolina
In North Carolina, one of the most important considerations in any personal injury case is the state’s contributory negligence rule. Under this rule, if the injured party is found to be even one percent at fault for the accident, they may be barred entirely from recovering damages.
This strict standard makes DHL truck accident cases particularly challenging, since insurers may attempt to shift blame to the victim by arguing they contributed to the collision. Even slight fault on the part of the injured driver could eliminate their ability to recover compensation.
The doctrine of last clear chance is one possible exception: if DHL’s driver had the final opportunity to avoid the collision but failed to act, the injured party may still recover despite contributory negligence.
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The Role of Federal and State Regulations
DHL trucks are subject to both federal and state regulations designed to ensure safe operation. These rules can play a significant role in determining liability after a crash.
Federal Motor Carrier Safety Administration (FMCSA) regulations apply to commercial delivery vehicles engaged in interstate commerce, which includes many DHL trucks. These rules address the following factors:
- Driver hours of service
- Vehicle inspections
- Maintenance
- Load securement
For example, drivers must comply with hours-of-service limitations that restrict how long they can operate before mandatory rest periods. Violations of these rules can lead to fatigue-related crashes. Similarly, DHL must maintain proper inspection and maintenance records for its fleet.
If evidence shows that the company failed to repair worn brakes or ignored defective equipment, those violations can become central to proving negligence. In addition to federal regulations, North Carolina imposes its own trucking laws.
Commercial drivers must meet state licensing requirements, and vehicles must comply with local weight restrictions and traffic safety laws. Violations of either federal or state rules can provide a foundation for establishing liability in a DHL truck accident case.
Statute of Limitations in North Carolina
Filing deadlines are another critical factor in DHL truck accident lawsuits. In North Carolina, personal injury claims generally must be filed within three years from the date of the accident. Property damage claims follow the same timeline.
If the accident results in a fatality, surviving family members have two years from the date of death to file a wrongful death lawsuit. Missing these deadlines can result in losing the right to pursue compensation entirely.
While three years may seem like ample time, investigating a commercial truck accident, gathering evidence, and preparing a strong case can take months or even years. Acting promptly is therefore essential to protect the right to recover damages.
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Potential Damages in DHL Truck Accident Cases
Victims of DHL truck accidents may be entitled to several types of damages under North Carolina law. These typically fall into two main categories: economic damages and non-economic damages.
Economic damages include tangible financial losses:
- Medical expenses
- Rehabilitation costs
- Lost wages
- Property damage
Meanwhile, non-economic damages compensate for intangible losses:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In wrongful death cases, damages may extend to funeral and burial expenses, loss of financial support, and loss of companionship for surviving family members. In rare cases involving egregious conduct, punitive damages may also be awarded.
In most cases, North Carolina caps punitive damages at either three times the amount of compensatory damages or $250,000, whichever is greater.
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Contact Our DHL Delivery Truck Accident Law Firm in Charlotte As Soon As Possible After Being Hit by a DHL Truck
If you or a loved one has been hurt in a collision involving a DHL truck, you don’t have to handle the aftermath on your own. These accidents often involve large corporations and insurers who will try to minimize your claim, but you don’t have to face them without support.
DeMayo Law Offices’ DHL truck accident attorneys have the knowledge and resources to take on tough cases. We’re dedicated to pursuing the financial recovery you need and holding negligent drivers and companies responsible for the harm they’ve caused.
Don’t wait to reach out for help. The sooner you contact our DHL truck accident law firm, the sooner we can get started on building your case and protecting your rights.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
