Recovery For Tragic Truck Wreck Injuries And Deaths
Most drivers in the Asheville area are accustomed to seeing large commercial trucks on the road, and while accidents involving commercial trucks aren’t as common as passenger vehicle accidents, they can happen unexpectedly in many different ways, resulting in catastrophic damage to those involved. If you have experienced such an incident, it is vital to consult an Asheville truck accident lawyer as soon as you can.
North Carolina serves as the crossroads for truck traffic moving along the U.S. eastern seaboard. Every day, tens of thousands of semi trucks, construction trucks, buses, delivery vans and commercial vehicles traverse Interstate 26 and I-95, as well as state highways and county roads. During a typical year, more than 2,000 commercial trucks and buses are involved in injury crashes on North Carolina roads and highways.*
The team at Ganly & Ramer, P.L.L.C., can provide the comprehensive legal support you need in the aftermath of a truck accident. We will help you make sense of your legal situation and assist you in developing a cohesive plan for recovering your losses. The recovery process may involve a complex insurance claim filing process and/or personal injury suit, and you can rely on our firm for support in any such legal efforts you must make to recover as fully as possible.
Do not talk to an insurance adjuster or a truck company representative until you know your rights. If you were injured or lost a loved one in an accident involving an 18-wheeler or other types of commercial vehicles on a road or highway in North Carolina, call an attorney at Ganly & Ramer, P.L.L.C.. Attorney Thomas Ramer has a 25-year record of successful personal injury trial verdicts and settlements, including many cases recovering in excess of $1 million for our clients. Our firm is proud to be AV Preeminent** peer-review rated, the highest rating, through Martindale-Hubbell for ethical standards and legal ability, and to be listed in Super Lawyers Magazine and Best Lawyers in America.
While it is technically possible for a truck accident victim to pursue compensation for their damages on their own, the reality is that successfully navigating this type of case is far more challenging than the average person may expect. You could encounter various legal obstacles that you will not know how to resolve on your own. Having an attorney assist you increases your chance of success and the likelihood that you will maximize your final recovery.
Our team can assist you with every phase of your case, from proving fault for the accident to determining the full range of damages you can potentially recover from the defendant responsible for harming you. We will guide you through the insurance claim filing process and resolve any disputes raised against your claim. If you have grounds for a personal injury suit, we will do everything we can to maximize your final case award as efficiently as possible.
Truck companies and licensed commercial drivers are under strict regulations governed by the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover every component of truck driver safety and trucking safety. Truckers are required to maintain strict logs registering their time behind the wheel, breaks, meals and sleep between driving shifts. Truck companies are required to follow laws regarding truck and trailer maintenance, trailer weight and load restrictions, driver training and licensing. Violating any regulation in the front office, in the maintenance garage, on the loading dock or on the road may mean the truck company faces liability for personal injury and/or wrongful death in the event of an accident.
Truck accidents may happen if truck drivers fail to follow trucking industry regulations, but they can also occur because of an employer’s failure to enforce these regulations. This is just one example of how determining liability for a truck accident in Asheville can be very challenging. Your Asheville truck accident lawyer can carefully review the evidence in play in your case so you can accurately determine fault for the incident.
It is also possible for the driver of another vehicle to have caused your accident with the truck in question, or liability may fall to multiple parties. Whether you are seeking compensation on your own behalf or on behalf of an injured loved one, the right attorney will be an invaluable asset when it comes to navigating the complex legal proceedings ahead of you.
Truck accidents may not only happen because of regulatory noncompliance but also for the same reasons that all other vehicle accidents happen. Due to the size of these vehicles, commercial trucks are harder to control in some situations, and when they crash they can easily impact multiple other vehicles very quickly.
Some of the most common examples of driver negligence that may result in truck accidents include distracted driving, driving too fast for conditions, fatigued driving, and moving violations. Truck accidents might also occur because of improperly secured cargo inside of the vehicle that leaves it off-balance, or because of faulty maintenance. It is also possible for a truck accident to happen due to illegal misconduct like intoxicated driving.
You will need to firmly establish liability for your recent truck accident before you will be able to recover any compensation for the damages you sustained. Once you have proven fault, your Asheville truck accident lawyer can guide you through the insurance claim filing process. Every driver in North Carolina must have insurance that meets the state’s minimum coverage requirements, and this applies to commercial truck drivers the same as private individual drivers.
Dealing with insurance companies can be difficult as they will almost always fight back against claims for compensation. Some will even engage in bad faith tactics in their efforts to avoid paying out fair settlement offers. However, an insurance company representative is less likely to attempt to take advantage of an injured claimant if they see that they have legal representation. Your attorney can ensure they handle your claim in good faith and make a fair settlement offer.
When insurance will not fully cover your losses, or if an at-fault driver does not have required insurance coverage, a personal injury claim can enable you to recover compensation for your remaining damages. The objective of a personal injury claim is for the plaintiff to be made “whole” again after being harmed by the defendant’s negligence or illegal misconduct. Having an attorney assist you will significantly increase your chances of success with your claim.
Under North Carolina’s personal injury laws, it is possible for a plaintiff to seek compensation for any economic damages they suffered because of the defendant’s actions, along with compensation for their pain and suffering. Economic damages are more straightforward and are proven with documentation showing they resulted from the accident in question. These damages may include loss of property, medical bills, and lost income.
Noneconomic damages are more variable and subjective. North Carolina does not require a plaintiff to use a specific formula to calculate pain and suffering, nor is there a cap on how much a plaintiff may claim in a truck accident case. The more serious your injuries and the greater the long-term harm you suffered, the more you are likely to secure in pain and suffering compensation.
Ganly & Ramer, P.L.L.C. will work closely with our client through all stages of their case, from helping them to prove fault for the accident to determining the full scope of damages they are legally entitled to claim. Our goal in every personal injury case we accept is maximum recovery for our client in the shortest possible timeframe.
You can trust our team to help you file your claim with an insurance carrier and resolve any disputes they might raise. Once you receive your settlement, we will determine if further legal recourse is necessary. If you must file a personal injury case, we have years of experience resolving all types of personal injury cases for our clients in Asheville and surrounding communities of North Carolina.
Ultimately, truck accident cases can be far more challenging to resolve than standard passenger vehicle accident cases. These claims will require a keen understanding of trucking industry regulations, the ability to confront large insurance carriers with confidence, and the ability to extract maximum compensation for the injured client. Our firm can provide the legal representation you need in this challenging situation.
A: The value of your truck accident claim in Asheville will depend on the overall severity of your damages and the scope of long-term or permanent harm you have experienced. North Carolina’s fault rule for vehicle accidents states that the party responsible for causing the accident is liable for all resulting damages, and your Asheville truck accident lawyer can help you maximize the total compensation you obtain.
A: If you were partially responsible for your accident, this will prevent you from seeking compensation from any other liable party. North Carolina enforces a pure contributory negligence rule, meaning that any fault on the part of the plaintiff negates their ability to claim compensation from the defendant. Your Asheville truck accident lawyer can help you dispel any allegations of contributory fault made against you by the defendant in your case.
A: It is possible for a trucking company to be liable for the actions of their driver under certain conditions. If the facts show that the company was negligent in their hiring, training, or managing of the driver, or if they failed to enforce industry regulations in a manner that contributed to the accident, they will likely be found vicariously liable for the driver’s actions. Your attorney can explain what implications this may have for your case.
A: You are likely to maximize your compensation if you hire an Asheville truck accident lawyer to represent you. They will know what forms of compensation you can seek from the defendant who injured you and how to accurately assess long-term economic damages and appropriate compensation for your pain and suffering. They are also likely to know how you can streamline your case, reducing the time it takes for you to secure repayment of your damages.
A: The cost for an Asheville truck accident lawyer will vary from attorney to attorney. When you choose Ganly & Ramer, P.L.L.C. to represent you, our cost will only be a percent of your compensation awarded that we secure on your behalf. However, we will only collect this fee if and when we win your case. There is no fee if we are unable to recover damages on your behalf, removing any economic risk in choosing our firm to represent you in a truck accident case.
NAP in Asheville knows that a serious accident not only affects the victim, but their family as well. Find out about your rights to compensation today. Call us at 828-844-5274 or use our convenient email contact form to arrange a free consultation. You will not pay attorneys’ fees or case preparation costs if you do not recover money in a settlement or jury verdict.
"*" indicates required fields