When a truck collides with a residential or commercial property, the resulting damage can indeed be devastating. Such incidents can have serious consequences, and property owners often find themselves dealing with various challenges and consequences in the aftermath.
If you were injured and your property was damaged in a crash with a commercial truck and the accident wasn’t your fault, you could be owed compensation. Call DeMayo Law Offices, the North Carolina truck accident law firm, at (877) 333-1000 now to schedule a free consultation about how to recover money for your losses.
From navigating insurance claims to advocating for fair compensation, we use our invaluable experience and guidance to help property owners rebuild and restore what they lost in an accident that was no fault of their own. In this article, we will explore the crucial role played by skilled attorneys in advocating for the rights of those affected by such incidents.
Consequences of Truck Collisions on Properties
Property Damage
Truck collisions can cause significant damage to residential or commercial properties. The size and weight of trucks, combined with the force of impact, can result in structural damage, collapsed walls, broken windows, and other forms of destruction. In severe cases, the entire property may become uninhabitable or unusable for business purposes.
Safety Concerns
When a truck collides with a property, it can pose immediate safety risks. Depending on the circumstances, there might be a risk of fire, gas leaks, or structural instability. People in the vicinity, including occupants of the property and neighboring buildings, may need to be evacuated to ensure their safety.
Financial Implications
The financial consequences of a truck colliding with a property can be significant. Property repairs or rebuilding costs can be substantial, and insurance coverage may vary depending on the specific policy and circumstances. Property owners may also face additional expenses, such as temporary relocation costs, loss of business revenue, and legal fees.
Legal Considerations
In many cases, a truck colliding with property leads to legal implications. Investigations are conducted to determine the cause of the accident, which can involve assessing the actions of the truck driver, any potential negligence on the property owner’s part, or even factors such as road conditions or mechanical failures. Legal processes may be necessary to seek compensation for the damages suffered.
Insurance and Claims
Property owners affected by a truck collison should promptly contact their insurance company to initiate the claims process. Documenting the damage thoroughly with photographs and providing all necessary information to the insurance adjuster is crucial. Insurance policies may cover property damage, loss of use, and liability claims against the trucking company or driver.
Recovery and Restoration
Recovering from the aftermath of a truck collision takes time and effort. Property owners may need to engage contractors, architects, and engineers to assess and repair the damage. Restoration work may involve structural repairs, electrical and plumbing systems, and cosmetic improvements. Working with professionals experienced in dealing with such situations can help streamline the recovery process.
Emotional Impact
Dealing with the aftermath of a devastating truck collision can also take an emotional toll on property owners. The stress, anxiety, and trauma resulting from the incident can be overwhelming. Seeking emotional support from friends, family, or counseling services can be beneficial in coping with the aftermath.
Types Of Property Damage Due to Trucks
Rather than wait for the insurance company to offer you repair, you should know the kind of property damage claim you are entitled to.
Types of property damage commonly associated with trucks or truck accidents include:
Vehicle Damage: Collisions with trucks can cause extensive damage to smaller vehicles involved in the accident, including dented panels, broken windows, or even total destruction.
Infrastructure Damage: Truck accidents can result in damage to road signs, guardrails, traffic lights, bridges, and other structures along the roadway.
Property Destruction: Accidents involving trucks can cause damage to fences, walls, buildings, and other private or commercial properties near the accident site.
Cargo Damage: When trucks carrying goods are involved in an accident, the cargo being transported can suffer damage, leading to financial losses for both the trucking company and the cargo owner.
Environmental Damage: Some truck accidents may result in spills of hazardous materials, fuel, or other substances, causing pollution and environmental damage to soil, water sources, and surrounding ecosystems.
Landscaping and Land Damage: Accidents involving trucks can lead to damage to landscaping, trees, lawns, or other vegetation in the vicinity of the crash.
Personal Belongings: In truck accidents, personal belongings of the involved parties may be damaged, including items inside the vehicles or in proximity to the accident.
If your vehicle sustains damage caused by a truck, you may experience personal and financial inconveniences such as:
- Repairs. The basic cost of repair is what most of us think of when we think of “insurance.” Repair includes replacement of parts, cosmetic damage, and restoration of the vehicle. Following an accident, the auto shop will provide an estimate to the insurance company for repairs. In cases where the cost of repairs exceeds the value of the vehicle, the insurer may declare your car “totaled.”
- Loss of Use. If the repairs will take more than a day or two, you can recover compensation for the expenses of the vehicle you had to rent for transportation, or for any alternate transportation you had to pay for out-of-pocket, such as Uber or Lyft.
- Loss of value. Assuming your car was not totaled but was still badly damaged, and depending on the degree and nature of the damage, you may be able to claim “diminution of value.” Because you must declare the vehicle was damaged in an accident if you wish to sell it, the value of the car is now less than it otherwise might have been. The lost value of your car could be included in the assessment of the value of your claim.
- Personal property. Anything within your car that was damaged in the crash should be replaced. In a semi-accident, you can expect that luggage, electronic devices, clothing, spectacles, and loose items inside your vehicle will be destroyed, and you have a right to have them replaced. Typically, the truck company will offer the current or depreciated value of the items; your attorney should include their replacement value in the assessment of the value of your claim.
When Your Car Is Totaled
Following a semi accident, it is very likely that your car will be declared a total loss. This means that the cost of repair exceeds the price of repairs. Unless a vehicle is rare, new, or otherwise special in some way, it is very difficult to talk an insurance company out of totaling a vehicle. If they believe it is not worth fixing, they probably will not approve it.
Your attorney can include the replacement value of the car in the value of your claim.
Other Property Damage
Semis don’t only hit cars on the road. They can hit vehicles in parking lots, or damage the parking lots themselves while backing into loading docks. An 80,000-pound truck will easily crush a planter or put a hole in a wall if the driver is not careful or if the brakes fail.
You should call DeMayo Law Offices, Your North Carolina Law Firm™, with this type of damage as well. The truck company’s insurer may tend to put the blame for this type of accident on the driver and attempt to avoid liability for the accident. Under the theory of vicarious liability, the company should not be able to avoid paying for the damage, and you should not wait to speak with an attorney.
If you have suffered this type of property damage due to a semi crashing into something, you will need an attorney just as much as if you were struck on the highway. Some of the things to look for are:
- Signs the driver was impaired
- Evidence of mechanical failure
- Evidence of driver distraction
- Proof of clear sightlines and unobstructed access
If your property was damaged by a truck driver, don’t wait to contact a law firm right away. At DeMayo Law Offices, our property damage lawyers can give you the guidance you need to file your property damage insurance claim and get your property repaired.
How Can an Attorney Help?
With bigger accidents come bigger issues. Semis will cause larger accidents because of the speed and size of the truck, and the sheer weight of the trailer behind them. Semis are also owned by trucking companies, are sometimes driven by contractors, and are subject to Federal and state rules and regulations regarding how long drivers may drive, how much cargo they can carry, etc.
Often, a vehicle accident leads to both personal injury and property damage cases. While these cases may originate from the same incident, it is important to note that their resolutions may not coincide. This is because insurance claims pertaining to bodily injuries are handled separately from those concerning damaged property.
When you face a loss or damage, your insurance company should be a reliable source of support. Considering the consistent payments you make into your homeowners’ insurance policy over months and years, it is disheartening that the reality often proves otherwise.
Insurance companies frequently engage in negotiation tactics and dispute even small amounts with policyholders, deny valid claims, or intentionally delay payment. In such instances, you require a resilient and committed property damage attorney by your side, unafraid to confront formidable insurance companies.
Additionally, the insurance policy limits for liability coverage vary between property damage and injury claims, allowing for a settlement on one claim while the other remains unresolved. There may be multiple insurance companies to deal with as well. The company may have its own insurance and a second insurance to cover its driver, or the driver may have his own insurance. To ensure a timely resolution, it is crucial to take immediate action as there is a prescribed time limit, known as the statute of limitations, for filing property damage claims.
At DeMayo Law Offices, our property damage attorneys know about the property insurance coverage rules and regulations and about the types of insurance that trucking companies carry. We can help you navigate through these rules and get the settlement you deserve following your accident.
We offer a free consultation to review your case and help you figure out the next best steps toward compensation. Contact DeMayo Law Offices, Your North Carolina Law Firm™, at (877) 333-1000 today to set up your free consultation with a legal professional. Your time is limited to filing a property damage lawsuit. We are prepared to help you.
Types of Covered Property Damage
Rather than wait for the insurance company to make you an offer for repairs, you should know what other types of damage you are entitled to.
- Repairs. The basic cost of repair is what most of us think of when we think of “insurance.” Repair includes replacement of parts, cosmetic damage, and restoration of the vehicle. Following an accident, the auto shop will provide an estimate to the insurance company for repairs. In cases where the cost of repairs exceeds the value of the vehicle, the insurer may declare your car “totaled.”
- Loss of Use. If the repairs will take more than a day or two, you can recover compensation for the expenses of the vehicle you had to rent for transportation, or for any alternate transportation you had to pay for out-of-pocket, such as Uber or Lyft.
- Loss of value. Assuming your car was not totaled but was still badly damaged, and depending on the degree and nature of the damage, you may be able to claim “diminution of value.” Because you must declare the vehicle was damaged in an accident if you wish to sell it, the value of the car is now less than it otherwise might have been. The lost value of your car could be included in the assessment of the value of your claim.
- Personal property. Anything within your car that was damaged in the crash should be replaced. In a semi accident, you can expect that luggage, electronic devices, clothing, spectacles, and loose items inside your vehicle will be destroyed, and you have a right to have them replaced. Typically, the truck company will offer the current or depreciated value of the items; your attorney should include their replacement value in the assessment of the value of your claim.
When Your Car Is Totaled
Following a semi accident, it is very likely that your car will be declared a total loss. This means that the cost of repair exceeds the price of repairs. Unless a vehicle is rare, new, or otherwise special in some way, it is very difficult to talk an insurance company out of totaling a vehicle. If they believe it is not worth fixing, they probably will not approve it.
Your attorney can include the replacement value of the car in the value of your claim.
Other Property Damage
Semis don’t only hit cars on the road. They can hit vehicles in parking lots, or damage the parking lots themselves while backing into loading docks. An 80,000-pound truck will easily crush a planter or put a hole in a wall if the driver is not careful or if the brakes fail.
You should call DeMayo Law Offices with this type of damage as well. The truck company’s insurer may tend to put the blame for this type of accident on the driver and attempt to avoid liability for the accident. Under the theory of vicarious liability, the company should not be able to avoid paying for the damage, and you should not wait to speak with an attorney.
If you have suffered this type of property damage due to a semi crashing into something, you will need an attorney just as much as if you were struck on the highway. Some of the things to look for are:
- Signs the driver was impaired
- Evidence of mechanical failure
- Evidence of driver distraction
- Proof of clear sightlines and unobstructed access
If your property was damaged by a truck driver, you will want to contact a law firm right away. At DeMayo Law Offices, we can give you the guidance you need to file your claim and get your property repaired.
How Can an Attorney Help?
With bigger accidents come bigger issues. Semis will cause larger accidents because of the speed and size of the truck, and the sheer weight of the trailer behind them. Semis are also owned by trucking companies, are sometimes driven by contractors, and are subject to Federal and state rules and regulations regarding how long drivers may drive, how much cargo they can carry, and so on.
There may be multiple insurance companies to deal with as well. The company may have their own insurance, and they may have a second insurance to cover their driver, or the driver may have his own insurance.
At DeMayo Law Offices our attorneys know about these rules and regulations, and about the types of insurance that trucking companies carry. We can help you navigate through these rules and get the settlement you deserve following your accident.
We offer a free consultation to review your case and help you figure out the next best steps toward compensation. Contact DeMayo Law Offices at (877) 333-1000 today to set up your free consultation now. Your time is limited to file a lawsuit. We are prepared to help you.
