Raleigh Truck Accident Lawyer
Truck accidents often involve more complicated legal and insurance issues than typical car accidents, and our Raleigh, NC truck accident lawyer is here to help you. The size and weight of trucks can result in more severe injuries and damage, making the claims more substantial. Furthermore, trucking companies have their own teams of lawyers and insurance adjustors who are skilled in minimizing these claims. Our experienced personal injury lawyer is familiar with these complexities and have the necessary skills to navigate them effectively. Our attorney Jason Burton is a fifth-generation attorney and has over a decade of experience helping his clients receive over $40 million in settlements. He has been named as a Top 10 Personal Injury Attorney Under 40 by the National Academy of Personal Injury Attorneys and one of America’s Top 100 Personal Injury Attorneys. He’s also a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum. If you have been in a truck accident, contact the Burton Law Firm today.
Determining Liability In Truck Accident Cases
Determining liability in a truck accident is challenging due to the numerous parties involved. Identifying the responsible party is imperative for victims seeking compensation for their injuries and damages.
- Truck Driver: If the accident resulted from the truck driver’s negligence, such as reckless driving, speeding, blind spots, distracted driving, driver fatigue, or driving under the influence, the driver can be held liable.
- Trucking Company: The company employing the driver can be held responsible, especially if they failed to adhere to regulations, neglected vehicle maintenance, or hired an unqualified driver.
- Truck Manufacturer: If a vehicle defect contributed to the accident, the manufacturer might be held liable for producing a faulty product.
- Cargo Loaders: Improperly loaded or secured cargo can lead to accidents. The party responsible for loading the truck could be held accountable.
- Maintenance Providers: If poor maintenance or faulty repairs contributed to the accident, the maintenance provider could be liable.
Dealing With Multiple Parties And Large Insurance Policies
Unlike typical auto accidents, truck collisions often involve multiple parties – from the truck driver to the trucking company, and possibly other entities like cargo loaders or vehicle manufacturers. Each party may have their own insurance and legal representation. This multiplicity can complicate the claims process. Our Raleigh truck accident lawyers are adept at dealing with multiple parties and large insurance policies, so that your claim addresses all possible avenues for compensation.
Securing Fair Compensation For Severe Injuries
The injuries sustained in truck accidents are often more severe due to the sheer size and weight of commercial trucks. This can lead to more significant medical bills, longer recovery periods, and greater pain and suffering. Our legal team is committed to securing our clients receive fair compensation that covers all aspects of their damages, including current and future medical expenses, lost wages, and emotional distress.
Statute of Limitations For Truck Accident Lawsuits
The statute of limitations is the time limit you have to file a lawsuit after an accident. It is important to be aware of this timeframe, as failing to file within the statute of limitations can result in losing your right to sue. In most states, the statute of limitations for personal injury cases, including truck accidents, is typically two to three years from the date of the accident. However, this can vary by state. There may be exceptions that could extend or shorten this timeframe. For example, if the victim is a minor or if the injuries were not discovered immediately.
Compensation For Truck Accident Victims
Truck accidents can be devastating, often leading to severe injuries, substantial medical bills, and a significant impact on victims’ lives. Understanding the complications of truck accident compensation is essential for anyone involved in such an incident in Raleigh, North Carolina. We specialize in dealing with these legal challenges and advocating for the rights and entitlements of our clients.
The first step towards securing fair compensation after a truck crash is to consult with our knowledgeable personal injury attorneys. Truck accident cases are typically more detailed than standard car accident claims due to the size of the vehicles involved and the regulations governing the trucking industry. We possess a deep understanding of both state and federal trucking regulations. Our experience allows us to effectively investigate your accident, identify all liable parties, and build a strong case on your behalf.
Victims of truck accidents may be entitled to various types of compensation, including, but not limited to, medical expenses, lost wages, pain and suffering, and property damage. In cases of wrongful death, families may also seek compensation for funeral expenses and loss of consortium. Our team works diligently so that every aspect of your loss is accounted for and that you receive the maximum compensation possible.
Determining The Value Of Your Claim
The value of a truck accident claim can vary significantly depending on the specific circumstances of the case. Several factors contribute to determining the value, and understanding these can provide insight into what you might expect from your claim.
Compensation typically includes the cost of medical treatment, including hospital stays, surgeries, medications, and any future medical care required as a result of the accident. If your injuries have resulted in time off work, you may be eligible for compensation for lost wages. This also includes potential future earnings if your ability to work has been permanently affected. Compensation for repair or replacement of your vehicle and any other personal property damaged in the accident is typically included. Non-economic damage compensates for the physical pain and emotional distress caused by the accident. The severity of your injuries and their impact on your life play a significant role in determining this amount. In cases where the at-fault party’s actions were particularly reckless or malicious, you might be awarded punitive damages as a form of punishment.
Common Injuries In Truck Accidents
Understanding the severity of your injuries sustained in truck accidents highlights the need for comprehensive legal and medical support. Our personal injury attorney recognizes the profound impact these injuries can have on an individual’s life and are dedicated to helping victims obtain the compensation they need for medical expenses, rehabilitation, and other damages. If you or a loved one has been involved in a truck crash resulting in any of these serious injuries, seeking legal counsel as soon as possible is essential in ensuring your rights are protected and you are adequately compensated for your losses. Truck accidents often result in severe injuries, given the size and weight of these vehicles. Some of the common injuries include:
Traumatic Brain Injuries (TBIs) are among the most serious consequences of truck accidents. These injuries occur when the head suffers a severe impact or jolt, a common occurrence in truck collisions. The aftermath of a TBI can range from mild concussions to severe brain damage, leading to long-term cognitive impairments, memory loss, and changes in personality or emotional functioning. Victims may require ongoing rehabilitation and may never fully regain their pre-accident abilities. TBIs are particularly insidious as they are not always immediately apparent post-accident, making early medical evaluation crucial.
- Spinal Cord Injuries
Spinal cord injuries are another devastating outcome of truck accidents, with the potential to cause partial or complete paralysis (paraplegia or quadriplegia). These injuries result from damage to the spinal cord itself or to the nerves at the end of the spinal canal. The impact of such injuries on a person’s life is profound, often requiring long-term medical care, physical therapy, and adjustments to living and working environments. The emotional and financial toll of these injuries is immense, not only for the victims but also for their families.
- Broken Bones
The sheer force involved in a truck accident can easily result in broken or fractured bones. These injuries can range from simple fractures, which may heal relatively quickly, to complex breaks that require surgical intervention and prolonged rehabilitation. Recovery times can be extensive, and in some cases, victims may experience long-term complications such as chronic pain or reduced mobility.
- Internal Injuries
Internal injuries are particularly treacherous because they may not be immediately obvious following an accident. These injuries can include damage to internal organs like the lungs, liver, kidneys, or spleen. Internal bleeding or ruptured organs can be life-threatening if not promptly diagnosed and treated. The symptoms of internal injuries may take time to manifest, emphasizing the importance of immediate medical attention after a truck accident, even if no external injuries are evident.
- Burns
Burn injuries can occur in truck accidents, especially if the collision leads to a fire or explosion. These injuries can range from first-degree burns (affecting only the outer layer of the skin) to third-degree burns (affecting deep layers of skin and underlying tissues). Severe burns require immediate medical attention and can lead to prolonged hospital stays, significant pain, and extensive rehabilitation. Burn victims may also suffer from scarring and disfigurement, leading to emotional and psychological trauma.
Raleigh Truck Accident Infographic
Trucking Company Responsibilities
Trucking companies have a legal obligation to ensure the safety of their vehicles and drivers. Their responsibilities include:
- Hiring Qualified Drivers: Companies must hire drivers who possess the necessary licenses and training to operate commercial trucks safely.
- Conducting Background Checks: Companies should conduct thorough background checks on drivers to ensure they have a clean driving record.
- Providing Proper Training: Drivers must receive adequate training, including safety procedures and regulations.
- Ensuring Vehicle Maintenance: Companies are responsible for confirming their trucks are in good condition and receive regular maintenance.
- Adhering To Regulations: Trucking companies must comply with all federal and state regulations, including hours-of-service regulations to prevent driver fatigue.
- Securing Cargo: Companies need to properly load and secure cargo to prevent accidents caused by shifting loads.
In the event of a truck crash, victims may feel overwhelmed and uncertain about the steps to take. At the Burton Law Firm we are here to help guide you through the legal process and aggressively protect your rights.
- Comprehensive Investigation: We conduct a thorough investigation to determine liability and gather evidence to support your claim.
- Skilled Negotiation: Our team negotiates with insurance companies and liable parties so you receive fair compensation.
- Aggressive Representation: If necessary, we are prepared to take your case to court to fight for your rights.
- Personalized Attention: We provide personalized attention to each case, make sure that your questions are answered, and keep you informed throughout the process
Truck Accident FAQs
Truck accidents are among the most devastating types of roadway collisions. Due to their massive size and weight, commercial trucks can cause catastrophic damage and life-altering injuries when accidents occur. Victims often face expensive medical treatment, emotional trauma, and uncertainty about how to move forward. Understanding your legal rights and the steps to take after a truck accident is essential. Below are some of the most frequently asked questions about truck accident claims and how our Raleigh, NC truck accident lawyer can help you seek justice and fair compensation.
Do I Need A Lawyer After A Truck Accident?
Yes. While it’s possible to file a claim on your own, truck accident cases are often more complicated than standard car accidents. Multiple parties may be involved, including the driver, trucking company, and insurance providers. We help clients gather evidence, handle communication with insurers, and determine who is legally responsible for your injuries and losses. Our attorney, Jason Michael Burton, has been representing clients since 2012.
Can I Still Recover Compensation If I Was Partly At Fault?
Yes, you may still be able to recover compensation depending on how fault is assigned. In many truck accident cases, both parties share some level of responsibility. For example, a driver might have been speeding while the truck operator failed to follow safety regulations. Even if you are partly at fault, you could still receive partial compensation for your medical bills, property damage, and lost wages. Our Raleigh truck accident lawyer can help establish liability and who’s at fault.
How Long Does It Take To Settle A Truck Accident Claim?
The time it takes to settle a truck accident claim varies depending on the details of the case. Factors such as the severity of injuries, insurance company negotiations, and the availability of evidence can all affect how quickly a case is resolved. Some claims may settle in a few months, while others could take longer if the case goes to court.
Can I File A Claim If A Family Member Died In A Truck Accident?
Yes. If a loved one was killed in a truck accident, certain family members may be able to file a wrongful death claim. This type of case can help recover financial support for medical costs, funeral expenses, and loss of income, as well as compensation for emotional suffering. Taking legal action can also help hold the responsible party accountable for their actions.
What Should I Do Immediately After A Truck Accident?
Your safety should be your top priority. If possible, move to a safe area away from traffic and call 911 to report the crash. Seek medical attention immediately, even if your injuries seem minor at first—some symptoms may take hours or days to appear. Gather as much evidence as you can, including photos of the vehicles, road conditions, and your injuries. Collect the truck driver’s name, company information, license number, and insurance details. Also, get the contact information of any witnesses. Contact our truck accident lawyer before speaking with insurance companies.
Who Can Be Held Liable For A Truck Accident?
Truck accident cases are often more complex than typical car accidents because multiple parties may share responsibility. The truck driver may be liable if they were fatigued, distracted, or impaired. The trucking company could also be held accountable for improper training, poor maintenance, or forcing drivers to exceed legal driving hours. In some cases, the manufacturer of a defective truck part or the company that loaded the cargo may also be responsible.
What Types Of Compensation Can I Recover After A Truck Accident?
Victims of truck accidents may be entitled to recover compensation for a wide range of losses. This can include medical expenses, rehabilitation costs, lost wages, loss of earning capacity, property damage, and pain and suffering. If the injuries are long-term or disabling, victims may also recover for future medical care and ongoing living expenses. In cases involving reckless or intentional misconduct, punitive damages may be available as well.
Why Do I Need A Truck Accident Lawyer?
Truck accident cases involve complex federal and state regulations, powerful insurance companies, and multiple potentially liable parties. Our lawyer experienced in truck accident claims understands these challenges and knows how to handle them effectively. They can obtain driver logs, maintenance records, black box data, and other crucial evidence to build a strong case. Having an attorney on your side ensures that your rights are protected, negotiations are fair, and you receive the compensation you deserve.
If you or someone you love has been injured in a truck accident, don’t face the trucking companies and insurers alone. Our Raleigh truck accident lawyers are dedicated to fighting for your rights and helping you rebuild your life. At Burton Law Firm, we are here to help you.
