What You Need to Know about Truck Accidents | Mike Lewis Attorneys

What is the difference between a car accident and a truck accident?

One of the main differences between a car and truck accident is the extent of the damages. Due to the discrepancy in size and weight between a large commercial truck and the average passenger vehicle, the aftereffects of a truck collision tend to be much worse than those of a car collision

Car accident and truck accident claims are handled differently. The truck driver as well as the trucking company that employs the driver can be held accountable for the crash. In addition, truck drivers have specific regulations regarding the operating and maintenance of the trucks.

Who can I sue if I am injured in a truck accident?

If you’ve been injured in truck accident at no fault of your own, there may number of people who are responsible for the crash. Accident victims may be able to file a lawsuit against the driver, the trucking company who employs the driver, the owner of the trailer, the shipper whose cargo was being shipped and any other party whose negligence may have contributed to the crash.

How long do I have to file a lawsuit?

The statute of limitations for filing a personal injury claim varies from state to state. In North Carolina, personal injury claims have a three year statute of limitations. However, in wrongful death cases you have to file the claim within two years of the date of the death. It is advised that accident victims file their injury claim sooner rather than later. The sooner you begin the legal process, the better chance that you have of receiving a favorable outcome.

If I feel fine after a truck accident, should I still go see a physician?

Even if you don’t have any visible injuries after a truck wreck, it’s important to see a medical professional to make sure that you don’t have any hidden injuries. Sometimes it takes a few days for accident victims to have symptoms of an injury. Additionally, if you have documentation of your injuries from a physician, you can prevent the defense from blaming the cause of your injury on anything else but the collision.

If I may have been partially at fault for the crash, can I still win the lawsuit?

The state of North Carolina practices contributory negligence, which means if you are partially to blame for the accident you are unable to recover damages. Even if the accident victim was only 1% negligent, you will not be able to collect any monetary damages. It’s important for an accident victim to seek legal consultation after a truck accident. An experienced North Carolina attorney will be able to tell the injured individual whether or not they are eligible to file a lawsuit. Accident victims should not make any presumptions about their legal rights before speaking with an attorney.

If I am involved in a truck collision where the truck jackknifed, is it automatically the truck driver’s fault?

You cannot automatically assume that the jackknife truck accident was the driver’s fault. Bad road conditions may have prevented the driver from stopping causing it to jackknife or the truck driver may have to jackknife in order to prevent another disaster, in these cases the driver will not be found at fault.

I was injured in a crash where a truck driver was at fault. Can I receive money for time I missed from work?

In a truck accident lawsuit, part of your damages may include lost income due to time off work. Additionally, you may be able to seek compensation for loss of earning capacity due to the collision.

I’ve heard that it’s dangerous to drive in a truck’s “No Zone.” What does that mean?

A “No Zone” refers to a truck’s blind spots. Typically, most trucks have blind spots at the left rear quarter, the right rear quarter and directly behind the truck. Numerous wrecks have been caused by passenger vehicles riding in a truck’s blind spots.

Why is it important to get a copy of the driver’s log after an accident?

Federal regulations require that truck drivers are only allowed to drive for certain number of hours before they are required to sleep. The driver’s log is crucial in determining if the trucker was violating the law which may have contributed to the truck collision.

If you have any questions that were not answered in the Truck Accident FAQ, fill out the Free Case Review form to schedule a consultation with a member of our staff.