Why Commercial Truck Accident Claims Can Be Complicated in North Carolina

Did you know that accidents involving motor vehicles are the most common cause of many types of catastrophic injuries? Did you also know that area courts handle lawsuits regarding car accidents on a routine basis? Many lawyers are familiar with such cases as well. However, when it comes to issues stemming from commercial truck accidents, such cases are much more complex, and for that reason, it can be very easy for the victim of a truck accident to be denied a full damage award even when their injuries are extensive.

To succeed in recovering compensation in a truck accident case, accident victims need to work with a legal team that understands the factors that complicate truck accident claims in North Carolina and how to overcome these challenges. While every case may pose unique problems, here are some critical issues you must be prepared to handle if you or a loved one have been injured in a collision with a commercial truck.

Many Parties May Be Involved in the Case

In a standard car accident case, the only people usually involved in the lawsuit are those who were part of the accident (and their insurance companies). The driver of the car is usually the owner and that same person is responsible for maintenance and other issues that can contribute to the cause of the accident.

However, commercial trucks may be inspected by one company, serviced by a second company, and loaded by a third company. The driver might work for the owner as an employee or independent contractor. There are simply many more parties that could potentially be liable for causing the accident, and that means many more people and companies involved in the claim for damages.

A commercial truck accident claim might include:

• The company that owns the truck
• The company that provided maintenance service on the truck
• The driver of the truck
• The company that trained the driver
• The company that loaded the truck
• The manufacturer of the truck or component parts of the truck

To know which companies potentially have a share in liability for a truck accident, it is necessary to investigate thoroughly, knowing where to look and what to look for. Many attorneys are not experienced or knowledgeable enough to catch everything, so it is vitally important to work with a legal team that knows how to ascertain the parties that should be involved and how to combat the defense tactics of those parties. Martin & Jones has that team, and we stand ready to assist you with your case.

Corporate Legal Teams

When a commercial truck is involved in a collision, corporate lawyers often seem to appear on the scene as if by magic. Companies keep attorneys on the payroll to minimize their potential losses in all types of situations, particularly when the company could potentially be held liable for serious injuries. These attorneys are skilled, motivated, and prepared to show why the company they represent should not be held liable for the truck accident.

Corporate trucking companies have insurance policies with higher limits than the policies carried by most private individuals, so the insurance companies will also be sending out their best legal teams to defend the case. If an accident victim does not have an equally experienced and dedicated legal team working on their behalf, they may find their case dismissed in a hurry. To combat the strategies of corporate legal teams and succeed in obtaining full damages in a commercial truck accident case, you need to be prepared to beat those teams at their own game.

Complex Evidence

In any accident case, the person injured needs evidence to show why others are responsible for causing their injuries. No matter how badly someone is injured, even if the injuries lead to a wrongful death, it is vital to have evidence and present persuasive arguments showing why that evidence proves the defending party should be held legally liable and required to pay compensation.

The evidence involved in a commercial trucking accident can be unusually complex and difficult to obtain. Records showing vital information such as maintenance performed, the driver’s record, and other operational data will be available to the companies trying to deny liability but hard for the victim to access. There may be electronic data recorded in a black box, dashcam, electronic log, or other device that trucking companies know how to interpret to their advantage. If you want to recover compensation in a commercial truck accident case, It is important to be aware that this information exists, know how to obtain it, and know how it will be used by the corporate legal teams so that you can counter their arguments effectively and potentially use their evidence against them.

Regulatory Issues

While all drivers must obey the rules of the road in North Carolina, commercial trucks are subject to additional federal and state requirements, and these are another factor that complicates truck accident cases. Federal regulations cover a variety of issues, from establishing maintenance obligations to setting limits on the amount of time drivers may operate without taking substantial breaks. In addition, North Carolina has a number of regulatory requirements for commercial truck operations. If a trucking company involved in an accident case violated any of these regulations and the violation posed a safety hazard that could be connected with the causation of injuries, then it is vital to understand the regulatory requirements and apply them to enforce claims for liability. This adds another layer of complexity to the case.

Injuries Are Often More Severe

When a private passenger vehicle collides with a tractor-trailer or even a smaller truck like a garbage truck(LINK) or cement mixer(LINK), the passenger vehicle is at a severe disadvantage in terms of weight and size. That means the people inside the passenger vehicle will suffer much more from the impact, and their injuries are likely to be substantially more severe than they would be in an ordinary car accident.

Severe injuries often have life-changing impacts, and that complicates an accident claim in numerous ways. The attorney working to support the accident victim must know which effects to anticipate and how to calculate the victim’s future needs for medical care, assistance, modifications to the home, and other necessary arrangements. Pain, suffering, and other intangible effects will be substantial when the victim is facing a lifetime of disability, so it is vital to know how to properly assess the value of each impact of the accident to enable the victim to gain full and fair compensation for their losses. In many cases, evidence regarding medical needs and the long-term effects of the injuries will be quite complex, and it may be necessary to bring in expert witnesses, such as occupational therapists, to demonstrate the full impact the injuries are likely to have on the victim’s life.

Experienced Legal Representation Makes All the Difference in a Commercial Truck Accident Case

With injuries so severe and claims so intensely defended, the stakes are very high in a commercial truck accident case. It is very sad to see an accident victim with devastating injuries sent away with little or no compensation because a corporate attorney succeeded in denying liability or because an insurance company pressured the victim into accepting a small settlement far below the value of the claim.

At Martin & Jones, we know how to stand up to corporate legal teams and insurance companies in commercial truck accident cases to ensure that our clients receive the compensation they deserve for their injuries. We know that you deserve compassion and respect from us during this difficult time, but we will fight tenaciously against those who want to deny or unfairly limit the compensation you receive.

To learn what may be possible in your case after a truck accident, we invite you to contact us today to schedule a free, no-obligation consultation.