Approximately 4,136 people lost their lives in truck accidents in 2018 alone. Many others sustained severe injuries and had a long, expensive recovery process.
If you’ve never been in one, you may not realize a truck accident’s weightiness. You might even think a truck accident is the same as a typical car accident.
But this is far from the truth. Truck accidents are a wholly different type of traffic accident.
This post will explain how truck accidents are more severe than the average car crash and when to consult a Durham car accident attorney.
What to Expect During a North Carolina Truck Crash Case
Truck accident cases usually seem straightforward, mainly if you think the truck driver was evidently at fault. You may even be tempted to reach a hasty settlement with the insurance provider to end the ordeal.
However, truck accident claims are rarely as straightforward as injured people would wish.
There are a handful of differences that can make life extremely difficult and stressful for victims between a truck collision case and the kind of personal injury lawsuit you could face with a passenger car.
Truck crashes often cause more damage than car crashes
Large commercial trucks like 18-wheelers and tractor-trailers may weigh up to 80,000 pounds when loaded to capacity.
A 4,000-pound passenger car takes the brunt of the impact if it collides with one of these huge trucks, frequently causing serious injuries or fatalities for occupants.
Unfortunately, these fatal collisions occur much too often. According to the Insurance Institute for Highway Safety, 4,014 deaths resulted from truck accidents in 2020, an increase of more than 10% from 2014.
About 15% of these fatalities involved truck drivers, 68% involved passengers in typical cars, and 16% were motorcycle riders, cyclists, or pedestrians.
Determining liability in a truck crash case can be highly complicated
Finding the person(s) accountable for your injuries and property damage when a truck causes an accident may be time-consuming.
Trucking accidents may involve numerous contributing factors and at-fault parties, unlike ordinary vehicle accidents where one or both drivers are typically at fault.
Factors causing truck accidents include:
- Distracted driving, drunk driving, and other types of driver negligence
- Negligence by the trucking company (such as forcing drivers to work long hours, which is a breach of the law, or hiring unqualified drivers)
- Poor loading that results in the vehicle being unbalanced
- Poor truck maintenance
- Defective components
The purpose of truck logbooks, black boxes, and maintenance records is to paint a clear overview of the events and factors that contributed to a collision.
However, trucking companies don’t have to keep this data forever. These companies frequently destroy this data to cover up negligence.
It’s therefore advisable to speak with a knowledgeable Durham car accident attorney soon after a collision to determine who is responsible for your injuries and ensure that all the evidence is collected.
The system of laws and regulations that affect truck crash cases is vast and complicated
Various laws, regulations, and principles of the legal process may affect your truck accident claim. Federal trucking laws, restrictions on when to delete logs, and the protocol for filing claims with multiple parties are a few examples.
It needs familiarity with truck collision cases and an understanding of the regulations established by the Federal Motor Carrier Safety Administration (FMCSA). This federal body oversees commercial transportation to navigate these complex requirements.
Due to the complexity of commercial vehicle accident claims, the insurance provider in your case will likely reject your claim immediately, even if liability is apparent.
The insurer assumes that since it will be challenging to investigate the accident and develop your claim, you will become frustrated and give up. This is particularly true in North Carolina, where liability laws unfairly favor insurers over victims.
These strategies used by insurance providers make it crucial to choose a knowledgeable and experienced Durham car accident attorney familiar with every facet of these delicate cases.
With knowledge and an aggressive strategy, your lawyer can assist you in making the most of your opportunity of securing reasonable compensation.
What Factors Can Affect Compensation in a North Carolina Truck Accident Case?
You don’t have to pay for your hospital bills or property damage out of pocket if you were involved in a truck accident that wasn’t your fault- especially considering how these expenses may mount up rapidly after a catastrophic collision.
As a truck accident victim, you can pursue compensation for the following with the help of a personal injury attorney:
- Medical costs
- Lost wages
- Pain and suffering
- Physical therapy and rehabilitation
- Home modification to accommodate your disability
- Property damage, and
- Any other expenses depending on your case.
Contact a qualified truck accident lawyer if you have questions concerning your personal injury case or the damages for which you may pursue compensation.
A skilled Durham car accident attorney should help you fully understand the value of your case and your legal alternatives for seeking damages.
How Do You Determine the Amount of Compensation From a Semi Truck Accident?
Truck accident victims frequently wonder how much compensation they should receive for their injuries. This section will discuss a few factors that may affect the compensation amount in a truck accident case.
Truck accident settlement amounts depend on damages
Your damages—all the expenses and losses you’ve incurred—determine the dollar amount you can get from a personal injury claim. Every case has a different set of damages; hence, the settlement amount also differs.
Considering all that has unfolded after the collision, it may seem overwhelming or even difficult to quantify how much the accident cost or negatively impacted your life.
Fortunately, a skilled personal injury lawyer can help you accurately estimate your damages, even in complex truck accident cases. Your lawyer will divide your damages into three groups.
Economic damages: These are the costs directly associated with an injury that you can prove on paper. Monetary damages cover costs, including hospital stays, doctor appointments, surgeries, prescription drugs, and physical rehabilitation.
Lost wages, house and car modifications to accommodate an accident-related disability, and future loss of income are other examples of economic damages.
Non-economic losses: A medical bill or receipt may not include all expenses and damages associated with a vehicle accident. People injured in truck accidents frequently experience severe pain and suffering and are entitled to financial compensation for such costs.
While economic damages are more visible and easier to calculate, non-economic losses are equally important and can attract significant compensation. The following are a few examples of crash-related events that might cause non-economic losses:
- Physical pain from your injuries
- Emotional suffering such as anxiety, panic attacks, or post-traumatic stress disorder
- Loss of consortium or enjoyment
- The inconvenience of going to doctor appointments or dealing with the injuries
Punitive damages: Courts may impose punitive damages as a form of punishment to the defendant for their egregiously negligent actions and to discourage others from engaging in similar behavior.
Punitive damages are uncommon in truck accident lawsuits, but they may be applicable, for instance, in the case of an intoxicated motorist or poorly maintained truck by the trucking company.
Truck accident settlement amounts tend to be higher than in car crash cases
The severity of the injuries directly influences the amount of compensation in an injury claim. Truck accidents frequently result in higher victim compensation amounts than ordinary vehicle accidents.
There are two critical reasons for this. First of all, victims of truck accidents often sustain severe injuries that have a lifetime impact. Second, trucking businesses carry insurance plans with substantially higher coverage limits compared to most regular drivers.
Victims generally suffer significant damages, and insurance plans typically have higher payout limits to cover those damages.
However, truck accidents are not a get-rich-quick scheme for injured victims and their families- they’re only getting compensation for the crippling expenses resulting from someone else’s carelessness.
And remember, the insurance company won’t make a fair settlement offer, so you and your attorney have to battle hard to get this money.
Contact a Committed Durham Car Accident Attorney Today!
If you were a victim of a truck accident here in North Carolina, we could help.
At Legal Giant, we partner with the best Durham car accident attorneys who are familiar with state laws and experienced in handling personal injury claims.
Our partner attorneys will ensure your case receives the expert support and guidance needed to get the compensation you deserve. Contact us at (855) 740-5024 for a free case evaluation.
