According to the Insurance Institute for Highway Safety (IIHS), car passengers generally receive the most severe impacts from truck accidents. Because of their difference in size and weight, trucks often take less damage than cars, and car drivers face a greater risk. Each year, many truck-related accidents leave victims with extensive medical expenses, property damage costs, and fatalities.
If you or a loved one were injured in a truck accident, you may be able to take legal action to recover financial compensation to help pay for your recovery. A Charlotte truck accident lawyer can help you investigate, plan, and file a lawsuit. Start by calling the offices of Ben Crump Law, PLLC at (844) 430-1030 for a free consultation about your case.
Determining Liability
When examining liability in truck accidents, several factors can change who is held liable. In the majority of accidents, truck drivers are held liable if they cause the accident. Although trucks are more difficult to drive, truck drivers are still expected to be able to handle them safely. When they fail to do so, they can become the target of a lawsuit.
The truck driver may not be the only person held liable. Since most trucks are owned and operated by companies, a trucking company may also be held liable in specific situations. For example, if the accident was due to a mechanical failure and the company failed to properly maintain the truck, the company may be sued since it can be held responsible. Liability depends on the specifics of your case, which a lawyer will look at in the pre-filing process.
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Understanding Your Rights
Many of the problems that can develop after a truck accident are covered by civil law. You can file claims for property damage, medical expenses, and other expenses that you have as a result of the accident. You have the right to sue for compensation to cover these expenses when another is at fault.
Civil law is designed to help victims take legal action to prevent long-term impacts of accidents. For example, the costs of medical treatment and getting your car repaired could have a major impact on your finances. Many people live paycheck to paycheck, which makes it impossible to handle surprise expenses. Rather than going deeper into debt and struggling to pay it off, you can claim compensation from the person that caused your accident. You can then pay off those debts early and avoid long-term financial struggles.
While you have the right to take legal action, not every case is viable. Before you make a final decision on taking legal action, discuss your case with a lawyer serving the Charlotte area for a better understanding of the legal process and what your legal options are.
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Auto Insurance Settlements
At some point in your lawsuit, you will likely be approached by an insurance company about a settlement agreement. Settlement agreements have become more common in the last few decades since they can be beneficial to both parties.
For you, it means a chance to settle your lawsuit early and collect compensation sooner. If you have extensive debts related to your accident, being able to pay that off early can be an attractive option. However, it is important that you thoroughly review any settlement agreement that you are offered before accepting.
One of the downsides of settlement agreements is that you may not be able to negotiate as much compensation as you would receive at trial. Insurance companies try to offer as little compensation as possible to keep their costs down. Fortunately, a Charlotte truck accident lawyer can renegotiate the agreement until it fits your needs. You are not obligated to accept any settlement agreements, so make sure that the one you do accept accurately reflects your expenses.
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Statute of Limitations
Truck accidents can be devastating both to your physical health and to your financial health. With medical bills, property damage, and other possible expenses piling up, you may find yourself in a position where you have to acquire a lot of income to pay bills. Instead of suffering through this alone, you may be able to take legal action to recover compensation for those expenses. However, there is a time limit to how long you have to take legal action.
Every state has a statute of limitations for personal injury, property damage, and other claims that you can file in a lawsuit. According to North Carolina General Statutes (GS) §1-52(16), you have three years to file a lawsuit with claims for personal injury and property damage in North Carolina. Take action as soon as possible by contacting a lawyer so that you do not miss your chance to file your lawsuit.
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Possible Recoverable Restitution
It is possible to recover multiple types of compensation in a lawsuit. Most accident victims are focused on medical expenses since they tend to be one of the biggest categories of expenses that someone can have. One of the problems victims face is forgetting to include the long-term costs of the recovery when claiming compensation. If a service like physical therapy is needed, you want to make sure that you project how long that physical therapy should last and what the cost should be.
Car repairs or replacement costs can be another focal point for victims. These are covered under property damage claims, but property damage can include far more than just vehicle costs. Any piece of property that is damaged in an accident, such as a cell phone, can be claimed in a lawsuit. Make sure that any item of value that was damaged in the accident is included in your lawsuit.
Aside from personal injury and property damage claims, you can file a claim for lost wages. Missing work can impact your finances greatly, and claiming lost wages compensation can help you get your finances back on track. Special types of compensation may also be offered in lawsuits, including pain and suffering awards and punitive damages. These are not common and may not be included in every lawsuit. However, they can provide additional financial compensation on top of other claims to help deal with different problem areas.
Speak to a Lawyer About Your Case
Recovering from a truck accident can be difficult, but your lawsuit does not have to be. Speak with a Charlotte truck accident lawyer to see if you have a viable case and can seek compensation. Call the offices of Ben Crump Law, PLLC at (844) 430-1030 for a free consultation today.
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