Being a truck driver can be a stressful, tiring job. The rise in demand can mean long hours on the road. With more time behind the wheel comes more risk of accidents. An injury sustained in a crash or other incident can leave a driver severely injured or permanently disabled. A Statesville truck driver injury lawyer can examine the details of your case and advise you on what legal pathways you have available.
The Bollinger Law Firm, PC, has decades of experience providing legal services to Charlotte and the surrounding area. Our founding attorney has been selected for Super Lawyer magazine several years running, and also has the distinction of being a Certified Specialist in Workers’ Compensation Law.
Our seasoned legal team can confidently navigate the laws that come into play when dealing with a truck driver injury claim. We care about helping this community and supporting our residents when they need it most.
Commercial truck accidents can be caused by many different variables. In 2023, there were 114,552 crashes involving large trucks that resulted in injuries and 5,375 in death. From sleepy drivers to faulty equipment, the factors can vary. Determining the cause of an accident involves gathering and analyzing the evidence for your case and properly attributing liability. Some common sources of truck accidents include:
If you are injured while working as a truck driver in Statesville, you have two major legal options you can take
The first step is workers’ compensation. This can be a good choice if you believe that no other party was liable for the injury or accident. You must let your supervisor know within 30 days of the accident in order to claim workers’ compensation benefits. These claims can help pay for any medical bills as well as compensate for lost wages
The second major option is to file a personal injury claim. North Carolina allows for a claim to be filed within three years of the date of injury. These cases rely on proving that another party was negligent in a way that resulted in the accident. This could be another driver, your employer, or the manufacturer of the truck.
North Carolina can be an especially tricky state to file a personal injury claim, being one of four states with pure contributory negligence. This means that if the plaintiff has even a little bit of responsibility, then the case may be thrown out
Truck driver injury claims have a lot of complications. That is why you may want to hire a truck driver injury lawyer. A truck driver injury attorney can be crucial in building evidence that surpasses the pure contributory laws. They bring experience to the situation and know when to settle and how to prove liability. They are well-versed in battling insurance and truck companies that may not have your interests in mind. In the aftermath of an accident or injury, your main concern should be recovery
A: There are numerous types of common truck driver injuries that can range in severity depending on what caused the injury. Musculoskeletal injuries are common from prolonged sitting, repetitive movements, loading or unloading cargo, and getting in and out of a truck. Falls or overexertion can also lead to sprains, strains, or head injuries. An accident in a big truck can result in spine injuries, traumatic brain injuries, or broken bones.
A: Who you can pursue legal action against depends on the details of your case. If you were hit by a drunk driver on I-85, then you could likely file a claim against them. If the truck you were driving malfunctioned, your employer or the truck manufacturer could be found liable. One thing to note is that if you file for workers’ compensation benefits, you likely won’t be able to file a personal injury claim as well against your employer.
A: No, insurance companies do not want you to get a lawyer. If you are filing an insurance claim or pursuing legal action, they prefer dealing with unrepresented people. This is so they can control the proceedings and pay out a lower settlement. It also allows for them to use more pressure and confuse details, so you have lower chances of obtaining a maximized claim
A: Proving negligence in a truck accident case requires solid evidence. Witnesses, the truck’s black box, camera footage, and maintenance records are all examples of helpful evidence. Examples of this could be records of the truck having issues, or that your employer was irresponsible in some manner. It’s important to show you had no hand in the accident due to North Carolina’s pure contributory negligence laws
The Bollinger Law Firm, PC, can help you with your truck driver injury case. Located in the heart of Charlotte, we have a long history of serving the area and getting results. Contact us today or come by our office on East Morehead Street so we can learn the details of your case.