Getting into an accident with a large commercial truck is financially, emotionally, and physically traumatic. A serious accident takes an enormous toll on you and your entire family. If the truck driver or trucking company was negligent in causing the crash, you might be entitled to monetary compensation. The Hickory, NC, truck accident lawyers from DeMayo Law Offices can help.
We have decades of experience working on truck accident insurance claims and lawsuits. We understand the legal process and steps we need to take to secure the financial award you need to pay for your expenses. When you hire us, we will go above and beyond to ensure you get the justice you deserve by holding those responsible for your injuries accountable.
Our award-winning truck accident attorneys will advocate fiercely on your behalf and will be by your side throughout the case. To find out more about our services and how we can help you, call us at (828) 345-1111 today.
You Need to Perform a Thorough Investigation
Accidents involving large trucks require sufficient evidence to prove someone else was at fault and should pay for your losses. Unfortunately, most people don’t know where to look or how to obtain the necessary evidence. When you hire one of our Hickory, NC truck accident lawyers, we will do all the work for you.
You can depend on us to locate essential evidence, such as:
- Eyewitness statements
- Video footage
- Photos of the accident scene
- Vehicle damage estimates and reports
- Medical records and billing statements
- Auto insurance policies
- Police reports
- Driver hours and maintenance logs
- Cell phone records of the truck driver and their driving history
Sometimes the truck driver is at fault for the accident. Other times, it’s the trucking company or people responsible for repairing and maintaining commercial vehicles who are at fault. When we’re looking for the cause of the crash, we’ll review every piece of evidence we can find and consider various contributing factors, such as:
- Driver fatigue
- Improperly trained or inexperienced driver
- Driver under the influence of drugs or alcohol
- Aggressive driving
- Driver with a history of dangerous or reckless driving
- Speeding or driving too fast for road conditions
- An oversized or overloaded vehicle
- Rollover accident
- Jackknife accident
- Underride accident
Common Types of Truck Accidents
A tractor-trailer truck is a commercial vehicle with a front semi-truck and trailer attached to the back. It’s also known as an 18-wheeler, which refers to the number of wheels the entire unit has. Due to the size and weight of these large trucks, as well as the presence of a cargo load, various types of crashes can happen.
The most common are:
- Jackknife accidents: When the semi-truck and trailer fold into each other.
- Rollover accidents: When the truck and/or trailer roll onto its side.
- Tire blowout: When the tires explode, causing the driver to lose control of the vehicle.
- Underride: When a small car ends up under the trailer of the truck.
- Head-on: When the commercial vehicle collides with the front of another car.
- T-bone: When the truck crashes into the side of a car.
- Lost cargo: When the cargo falls off the truck, creating hazardous road conditions.
- Rear-end: When the front of the truck collides with the rear of another vehicle.
- Blind spot: When the trucker merges or turns into a smaller vehicle that they can’t see in their blind spot.
You Deserve Compensation for Your Damages
Once your Hickory, NC truck accident lawyer from DeMayo Law Offices establishes the cause of the crash, we will pursue compensation from the at-fault party. All commercial truck drivers must carry liability insurance. Typically, auto insurance for truckers contains higher coverages than someone driving a passenger vehicle. That’s because the bodily harm and property damage is usually more severe than a crash between two smaller cars.
We will file an insurance claim on your behalf and submit the evidence we find to the insurance company for review. We will also send our demand letter, which is documentation detailing the facts of the accident and how much compensation we believe you deserve based on your damages.
Compensatory damages are the total losses that result from an accident or injury. When you collide with a truck, you’re likely to sustain a severe injury that ends up costing you money in medical expenses and vehicle damage. But you can also suffer intangible damages that deserve compensation, such as pain and suffering.
The types of damages available in a truck accident case include:
- Hospital, physician, physical therapy, surgery, and other treatment costs
- Out of pocket expenses
- Prescription medications
- Car repairs or replacement
- Damage to personal property
- Lost wages
- Lost future earning capacity
- Physical pain
- Emotional distress
- Permanent scarring, disfigurement, or disability
- Loss of companionship, consortium, household services, love, affection, or other services
The insurance adjuster will consider your total damages and the factors below to determine how much money you deserve:
- Type and severity of the injury
- Type and duration of necessary medical treatment
- Whether or not you recover from your injury
- Amount of insurance coverage available
- Relevant evidence submitted with the claim
- Cause of the crash
- Length of time your injury prevents you from working
Can I File a Lawsuit?
Yes, if you believe an insurance claim won’t cover your total damages, you can pursue a lawsuit against the truck driver or trucking company. To do so, you have to understand the legal procedure and follow a strict statute of limitations, the deadline for bringing a civil action against another party.
North Carolina law issues a three-year statute of limitations when it comes to truck accidents. That means you only have three years from the crash date to file suit against the negligent party.
When you pursue a lawsuit, you are not limited to only seeking compensation for your compensatory damages. In certain limited situations, you can also seek punitive damages. Punitive damages don’t reimburse you for your losses. Instead, they punish the party that caused the accident and try to prevent them from similar negligent actions in the future.
Why You Need an Experienced Hickory, NC, Truck Accident Lawyer By Your Side
A majority of accident victims don’t understand what their rights are or how to pursue financial compensation. Insurance companies don’t care about injured individuals and will do whatever it takes to spend as little money as possible when paying out an insurance claim.
DeMayo Law Offices knows how to aggressively fight against insurance companies and ensure they treat our clients fairly. You deserve the maximum settlement available and we’ll work hard to get that for you. When you hire us, we’ll use our extensive resources, experience, knowledge, and skills to ensure the insurance company pays what they owe you for the injuries you sustained.
We will also do all the work so you can focus on your recovery. You probably don’t want to deal with the legal aspects of a case when you get hurt in a truck accident. It’s a stressful process that can become overwhelming and add more burden to your life. We’ll take the responsibility off your shoulders by handling each step on your behalf so you can take care of yourself and your family.
The following are answers to frequently asked questions we receive about truck accidents. However, your attorney can answer all your questions about your own personal truck accident case.
What if I can’t afford to hire a lawyer?
Most people who choose not to seek legal representation do so because they don’t think they can afford to hire a truck accident lawyer. Unfortunately, those people don’t realize most personal injury attorneys work on contingency. At DeMayo Law Offices we don’t require upfront legal fees to take on your case. We don’t recover our fees and costs unless we secure a settlement or favorable jury verdict. If you don’t get paid, we don’t get paid.
How do I begin the process of pursuing a truck accident case?
The first thing you need to do is schedule an appointment with DeMayo Law Offices. We offer a free initial consultation to review the details of your crash and explore all available options. We’ll outline a plan so you know how we’re going to pursue compensation. There’s no risk in speaking with us, and if you decide you’re not ready to move forward with legal action, you won’t have to pay us anything for our time.
Are there trucking industry regulations?
The Federal Motor Carrier Safety Administration enforces regulations to ensure those in the trucking industry follow safe operating procedures. Failure to comply with any of these regulations can result in negligence, and the driver or their employer could be held liable for an accident and resulting injuries.
Can I file a lawsuit if a loved one died in a truck accident?
Yes. The statute of limitations for a wrongful death suit is two years. To pursue compensation on behalf of your deceased family member, you have to do so within two years from the date they died as a result of their fatal injury. Qualifying individuals include the personal representative of the deceased’s estate or a surviving spouse, adult child, or parent.
Choose DeMayo Law Offices
Our Hickory, NC, personal injury lawyers have a combined experience of over 150 years. We help victims and their families recover after the devastation of a truck crash in Hickory. If you suffered an injury and required medical treatment, you deserve compensation from the negligent party.