You can take immediate action to improve your situation after a collision with a commercial vehicle. Get medical treatment, report the crash, and then contact a Charlotte truck accident lawyer for step-by-step assistance with the legal process.
Truck accidents in North Carolina come with unique challenges when it comes to securing compensation. Our state can bar you from receiving compensation if you’re even 1% at fault for an accident, but that rule can be waived if your lawyer can prove that the truck driver exhibited gross negligence, which we have numerous times.
Therefore, it’s crucial that you get help from a Charlotte personal injury lawyer. Our team at Auger & Auger has served trucking accident victims in the Carolinas for over three decades. Keep reading to learn more about how an attorney can help.
Laws and Regulations that Can Affect Your Truck Accident Case
Trucking companies are regulated by the Federal Motor Carrier Safety Administration (FMCSA) and the Department of Transportation (DOT), which have implemented a litany of rules that Trucking companies must adhere to, although many do not.
The “Hours of Service” rule, for example, is in place to ensure drivers obtain adequate rest between road trips, but it is frequently ignored by trucking companies to the detriment of other drivers.
Truck accident victims will need to file claims against large trucking companies and their insurers, all while dealing with North Carolina’s contributory negligence rules which can prevent you from recovering any compensation if you are even 1% at fault.
The good news is that trucking companies are often at fault and typically have large insurance policies, meaning that if your lawyer can successfully prove the trucking company is at fault, the settlements are typically large enough to cover medical bills and provide victims with compensation for their pain and suffering.
A Truck Accident Lawyer in Charlotte, NC, Can Help You Get Compensation
An attorney can help you recover compensation for all the losses you sustain in an accident involving a commercial truck. You may receive funds to pay for your:
Medical Expenses
Your attorney may help you get fair compensation for any catastrophic injuries you sustain in a trucking accident. You may need payment for emergency medical care, medications, surgeries, time in a hospital, and other treatments.
A lawyer can explain how to navigate medical bills after an accident.
Lost Pay
The at-fault party may need to pay for any time you lose at work after a truck crash. In some cases, the injured party will also receive compensation for their reduced earning potential.
Pain and Suffering
Our law firm may help you secure payment for the non-economic damages associated with a truck crash. For example, the responsible party may have to pay for your:
- Emotional distress
- Mental anguish
- Pain that prevents you from enjoying your life
You can learn more about these losses with a Charlotte truck accident lawyer.
Property Damage
You may receive payment to cover the costs of repairing or replacing your vehicle after a commercial trucking accident.
Punitive Damages
North Carolina rarely awards punitive damages. However, in some cases, you may qualify for this form of compensation, which allows the legal system to punish the liable party with an extra financial burden. Your truck accident attorney in Charlotte, NC, can explain these damages in more detail.
We can also help you determine what your trucking case is worth.
Types of Truck Accidents in Charlotte
Our team knows how to handle many types of commercial vehicle accidents. Reach out to us when you need help from a:
- Charlotte Carriage Underride Accident Lawyer: Because a semi-truck is taller than a car, the smaller vehicle can hit the semi and slide underneath it, even becoming stuck in some cases. These crashes can be severe, often resulting in head, neck, or crush injuries for the car’s occupants.
- Charlotte Jackknifed Semi Accident Lawyer: Jackknife accidents happen because the driver slams the brakes or attempts a sharp turn. When this occurs, the trailer can go sideways, even toppling over in some cases. Poor truck loading can also be an issue here. If the trailer is excessively top-heavy, it’s more likely to topple.
- Charlotte Rollover Truck Accident Lawyer: Like jackknife crashes, these can cut a path of destruction as the truck turns over and rolls. Anyone in the path may suffer devastating injuries, and some may even die. Again, top-heavy trailers may play a role.
- Charlotte T–Bone Truck Accident Lawyer: Even side-impact airbags and seat belts may not prevent injury when a semi-truck crashes into a vehicle, especially for a driver or passenger on the side the truck hits. T-bone crashes frequently happen at intersections when one of the drivers fails to recognize the impending collision.
- Charlotte Rear–End Truck Accident Lawyer: Excessive driver distraction may also be a potential cause of rear-end collisions. Truckers may fail to check the blind spot in front of their vehicle. Additionally, sometimes, cars rear-end a large truck with devastating results.
- Charlotte Sideswipe Truck Accident Lawyer: Truck drivers get training to prevent sideswipe accidents by always checking their blind spots before changing lanes or turning. In other situations, a tire blowout, road hazards, extremely windy weather, or driver error can cause the trailer to swing into the smaller vehicle’s lane, striking it.
- Charlotte Intersection Truck Accident Lawyer: Accidents often happen at intersections, and truck crashes are no exception. Usually, someone runs a red light or gets confused about who has the right of way, leading to a collision. Semis have large blind spots, and sometimes they can miss a smaller vehicle.
- Charlotte Red Light Truck Accident Lawyer: The trucker may see an opportunity to save some time, think no one is coming, and blow through a red light or stop sign, unaware of a smaller vehicle approaching, resulting in a collision.
- Charlotte Bobtail Truck Accident Lawyer: What’s a bobtail truck? It’s an 18-wheeler that doesn’t have a trailer attached. Even though these rigs are much smaller, they are still dangerous. Bobtail trucks are difficult to maneuver and harder to brake. These trucks become especially difficult to drive in inclement weather.
- Charlotte Deadhead Trucking Accident Lawyer: What is deadhead trucking? This kind of trucking involves carrying empty trailers. Manufacturers design large rigs to pull heavy loads. Trucks can become difficult to maneuver when hauling an empty trailer due to the lack of weight. The trailer may swerve, slide, or even overturn.
A Charlotte truck accident lawyer can assist after any commercial vehicle crash and explain what to do after a truck accident.
We Can Find the Liable Party for Your Accident
Who is liable in a truck accident? Several parties may hold liability for truck crashes in North Carolina. Depending on your circumstances, an attorney may need to file a claim against:
The Trucking Company
The trucking company has a responsibility to keep its commercial vehicles in good condition and to responsibly hire drivers. If the company fails in these duties, it may have to cover your losses after a collision.
Additionally, the company may hold liability if the commercial driver works as a direct employee and the accident occurred during work hours.
The Commercial Truck Driver
Some truckers in North Carolina work as contracted employees. They may own their trucks and simply haul loads for big companies. In these situations, the trucker may have to provide you with financial compensation for economic and non-economic damages.
Other Motorists Involved in the Crash
Other people on the road can contribute to trucking accidents. We can track down all responsible parties and provide legal counsel about the most effective ways to get compensation for your losses.
The Truck Manufacturer
Your truck accident lawyer in Charlotte, NC, may bring a legal claim against a truck manufacturer in some cases. For example, you may take this action if a collision occurs because of a defect in the truck.
You Can Get Help After a Hit-and-Run Truck Accident
Unfortunately, even well-trained semi-truck drivers will sometimes hit a vehicle or pedestrian and just keep going. Again, there are a few cases where the driver doesn’t notice they’ve hit someone, but in most of these accidents, they fear losing their job and possibly their CDL.
If you can get the plate number or a truck description, we can try to track it down. Even if the police cannot locate the driver, we can conduct our own investigation and find them ourselves in some circumstances.
However, in other cases, this is simply impossible, but we can still make a claim on your own uninsured or underinsured motorist coverage. We will always make every effort to find available insurance coverage for your damages.
Common Causes of Charlotte Truck Accidents
Accidents with tractor-trailers often happen due to the very nature of those vehicles: their size and weight prohibit them from accelerating, steering, and stopping the way a car does. Other frequent causes of truck accidents include:
Inadequate Truck Driver Training
Trucking companies should ensure their drivers have all the proper training and certifications. In some cases, they may need additional training to drive certain types of trucks, like those containing hazardous materials.
Sometimes, the company may fail to adequately check out the driver’s qualifications.
Distraction
Distractions like texting and driving or using a cell phone are dangerous enough in a car. In an 80,000-lb vehicle, they can have terrible consequences, often for other people on the road.
Alcohol or Drug Use
Most trucking companies require drug testing before hiring a driver, and some periodically test current drivers. However, even these measures can’t prevent all possible issues, and sometimes drivers are behind the wheel when they shouldn’t be.
Exhaustion
Driving while overtired can be just as dangerous as driving while intoxicated. According to federal law, truck drivers can operate a truck for a maximum of 11 continuous hours but then must rest for 10 hours before getting back behind the wheel. That means a truck can be on the road for 60-77 hours in a seven-day week.
Truckers can start their week at zero hours after two and a half days of rest. The government established these laws because driver fatigue is one of the leading causes of serious truck wrecks. Many truckers will break these rules to keep their jobs, make more money, or meet demanding delivery schedules.
A driver’s log may be the most critical evidence in your case. Today, most truckers who drive interstate must use electronic logs, which are more difficult to trick. However, some local drivers who don’t go out of state can use paper logs.
Improper Maintenance
Sometimes, this is due to driver negligence, but it can also be an issue where a driver reports a problem and the company fails to fix it. Other times, a repair person may make a mistake, leading to an unsafe condition.
Excessive Speed
Even going slightly over the speed limit can be a huge risk in a truck that can easily take the length of a football field to stop in an emergency. When drivers speed, others on the road are at increased risk.
Many trucks are outfitted with supplemental braking systems, such as Jake brakes, to help them slow down faster.
Inattention to Weather and Road Conditions
Because sudden, sharp braking is dangerous in a large truck, drivers should slow down when facing poor road conditions or the weather reduces visibility. Driving slowly helps prevent situations where they need to brake suddenly.
Why Choose Us After a Truck Accident?
The best way to protect your rights after an accident with a tractor-trailer truck is to get help from an experienced truck accident attorney. At Auger & Auger Accident and Injury Lawyers, our Charlotte truck accident attorneys have been helping injured victims and family members since 1995.
Our attorneys are here and ready to help you pursue a truck accident claim and recover your damages for medical costs, lost wages, and pain and suffering.
We Have Experience With Truck Crash Claims
Partner Herb Auger is the lead truck accident attorney at Auger & Auger. He has successfully handled personal injury claims against large trucking companies and their insurance carriers. He is well-versed in the Federal Motor Carrier Safety Administration regulations, which may affect your claim.
“If you or a loved one was injured due to a truck driver’s negligence, filing a claim with the truck’s insurance company can be difficult. Many of these trucks are self-insured or insured out of state. Locating adequate insurance coverage can be difficult. Sometimes just figuring out whose insurance company to contact–the driver’s, the trucking company’s, etc.–can be difficult.
“In addition, the commercial insurance companies or large self-insured haulers employ teams of investigators to cover their tracks. They will do everything they can to deny or delay the compensation you are entitled to. Do not hesitate to call my office for a free consultation,” said Attorney Herb Auger.
We Understand the Dangers of Truck Collisions
Large trucks and tractor-trailers are part of our local landscape on the interstate and local roads. Most of these big rigs go unnoticed until they are operated without proper maintenance by drivers who are inadequately trained, fatigued, or negligent and cause serious or fatal injuries to innocent motorists.
At Auger & Auger, the truck accident lawyers in our Charlotte offices understand the difficulties that can arise after a truck accident. When fully loaded, these semis and 18-wheelers are heavy, weighing up to 80,000 pounds, meaning trucks do not accelerate or brake as quickly as a car.
The semis and 18-wheelers are not the only trucks that Charlotte drivers need to worry about. Our local roads are full of garbage, local delivery, and mail trucks, which can cause devastating injury and damage when colliding with a passenger vehicle.
We Understand the Effects of Truck Crashes
Our Charlotte truck accident lawyers have witnessed the injuries and damages resulting from truck wrecks and understand the struggles victims may face in trying to recover compensation for their losses.
We focus on seeing that truck accident victims receive fair and adequate compensation. The insurance company for the truck that causes a wreck will immediately begin an investigation and come up with reasons why they should not pay. You need experience on your side. Our truck accident lawyers provide free consultations.
Once retained, we will investigate on your behalf and gather the evidence necessary to prove your case so that you can concentrate on your recovery.
Our Notable Truck Accident Results
Our team has a reputation for successfully handling truck crash cases. We recovered:
- $1,250,000 for a pedestrian struck by a semi-truck
- $1,000,000 for a motorcyclist struck by an 18-wheeler
- $1,000,000 for a car passenger injured in an 18-wheeler accident
You can discuss the specific funds available to you with a risk-free initial consultation.
Potential Injuries in Charlotte Truck Crashes
Because of their massive size and weight, trucks can do extraordinary damage to anyone or anything in their path. As a result, many of the injuries from these collisions can be very serious, and some are fatal.
In most accidents, the truck driver is usually okay or only has minor injuries, while people in a smaller vehicle may suffer severe injuries or death. You may qualify for compensation if you sustain:
Broken Bones and Dislocated Joints
In many cases, a person might have multiple broken bones, especially on the side of the vehicle hit by a semi in a side-impact crash. These can take months to recover from and may require multiple surgeries and weeks of physical therapy.
Sometimes, health insurance may not cover all these costs, leaving the victim with a large bill.
Traumatic Brain Injuries (TBIs)
Unfortunately, these head and traumatic brain injuries often have serious and permanent effects on the patient. Some people may continue to struggle with cognitive and memory problems for months or permanently.
Others may develop chronic headaches, mood or personality changes, and difficulty performing everyday tasks.
Neck, Back, and Spine Injuries
A spinal cord injury could lead to paralysis, while other back and neck injuries, such as dislocated discs, may result in lifelong back or neck pain.
These injuries can be tricky, and symptoms may not show up right away. As a result, you should not move too much until the paramedics arrive and go to the hospital for further evaluation.
Sometimes, the paramedics may be able to prevent permanent damage to your spine by stabilizing you on a stretcher until a doctor can examine you carefully.
Lacerations
Some lacerations can be quite deep and may cause serious scarring. Your medical records can establish the severity of your injuries. A commercial truck accident lawyer can help you get maximum compensation for these injuries.
Crush Injuries
The compression from being crushed under a semi-trailer can mean severe trauma to soft tissues, muscles, and nerves. These injuries can include damage to internal organs, and sometimes doctors must amputate limbs.
Rib and Torso Injuries
Your ribs protect your vital organs, but they can fracture in a serious crash, and this can be quite painful.
Burn Injuries
Truck accident victims in North Carolina may suffer serious burns and scarring if the crash results in a fire or involves certain corrosive chemicals.
We Can Help After a Fatal Trucking Accident
Your family can turn to a Charlotte wrongful death lawyer from our team for compassionate assistance after a fatal truck crash in North Carolina. We understand the legal steps you need to take after a fatal crash and North Carolina’s laws on wrongful death claims.
You can rely on us to handle all legal matters, allowing you to focus all of your energy on caring for the emotional needs of your family. We can help you take legal action against all liable parties, bringing you a sense of closure.
How Long do You Have to File a Trucking Accident Claim?
North Carolina’s personal injury statute of limitations generally gives you three years to seek compensation for economic and non-economic damages after a collision.
You can rely on us to help you understand the statute of limitations for accidents in North and South Carolina.
Our team can begin the legal process quickly and help you stay up-to-date on all upcoming deadlines. We provide comprehensive legal representation and stick with you until the resolution of your claim.
Get Help After a Truck Crash in Charlotte, NC
Call our team at Auger & Auger to speak with one of our dedicated and knowledgeable Charlotte truck accident lawyers to learn about your rights and options for your specific case. We understand that every case is different.
We will listen to the facts of your case and explain your rights based on the type of truck wreck and loss that you or a family member has suffered. Your consultation is free and confidential.
Many victims of truck wrecks are dealing with high medical bills, daily medical treatment, lost income, property damage, emotional distress, and pain and suffering. If you or someone you love was involved in a truck accident and the truck driver was at fault, we can help.
