Durham Truck Accident Lawyer
Truck accidents cause some of the worst injuries in Durham. Few vehicles can stand up to the weight of a commercial truck. By sheer size alone, these vehicles pose inherent dangers. The Fatality Analysis Reporting System defines a truck as a vehicle with a gross vehicle weight rating of over 10,000 pounds. Commercial transportation companies are well-aware of the risks that come with operating such a large vehicle.
While trucking is highly regulated, thousands of road fatalities involving tractor trailers still occur every year. When this happens to you or someone you love, it is best to consult with a Durham truck accident lawyer as early as possible to ensure a strong injury claim is put forward. En Español.
What are the Common Causes for Truck Collisions?
Trucks form a major percentage of all vehicles on the road. It is nearly impossible to drive anywhere and not encounter these massive vehicles. As a result, the chances of experiencing a crash are already high.
However, there are specific characteristics of commercial vehicles that make them more prone to incidents. One of these is their size. Massive loads of cargo can create blind spots that even advanced mirrors cannot penetrate. In addition, heavy vehicles are slow to stop in an emergency or may jackknife with a sudden press on the brakes. Finally, truckers are often on the road for extended periods of time. This may contribute to drowsiness and an overall lack of attentiveness. A Durham truck accident attorney could help to investigate the cause of a person’s accident.
Common Truck Accident Injuries
In addition to the force they exert upon impact, operating a truck poses other inherent risks. Driving a truck means larger blind spots, and decreased visibility of the drivers around you. Additionally, truck drivers often work for long hours and may fall asleep behind the wheel.
As cars become increasingly compact, the chances of injury for those who collide with a tractor trailer become even greater. The catastrophic outcomes of a truck accident may include, but are not limited to:
- Wrongful death
- Traumatic Brain Injury
- Lost wages
- Pain and suffering
When this happens to an individual, it is important that the at-fault party is held responsible and that the individual affected receive adequate compensation to cover the extensive medical, therapy, and other costs that stem from a truck accident injury. A Durham truck accident lawyer can assist in ensuring these recoveries are made.
Determining Accountability in Durham
It can be difficult to determine fault in the case of a tractor trailer accident. Thus, it is important to consult with a Durham truck accident attorney as early as possible.
In some cases, an attorney may find the driver at fault, but often in these cases, the drivers are overworked because the employer failed to enforce a strict driving schedule. In other instances, it may be a vehicle defect, an issue overlooked in inspection, or the result of the truck being overloaded.
Whatever the reason, a lawyer will work to find it and see that their client receive justice. However, in order to do this, speaking to an attorney as early as possible is crucial. It is important that an attorney gathers all of the facts of the case as soon as they can. The fresher the memories, the better chance an attorney has of gathering useful information.
How Could Contributory Negligence Impact a Truck Accident Claim?
Durham is located in a state that still uses an old method of determining blame for accidents. According to North Carolina Statute §1-139, defendants may raise the defense of contributory negligence and bear the burden of proving this concept to a jury.
Contributory negligence means that if a plaintiff is even partially responsible for an incident that resulted in their injuries, they cannot receive compensation for their losses. Defendant truckers may argue that a plaintiff was rising in their blind spot, was tailgating, or was distracted from using a cell phone at the time of the collision. A Durham truck accident attorney could work to prove that a trucker was the only party responsible for the crash.
There is a Limited Time to Demand Compensation
It is no secret that truck collisions have the potential to change every part of a person’s life. However, these people will be powerless to demand compensation if they do not act quickly.
North Carolina Statute §1-52 is the State’s law that creates the statute of limitations for personal injury claims. In short, this law requires injured parties to demand compensation no more than three years following the incident that inflicted harm. This concept applies equally to cases seeking compensation from insurance companies and those that look to obtain payments from trials. A Durham truck accident attorney could help to pursue a claim within this strict time limit.
Benefits of a Durham Truck Accident Attorney
Tractor trailer accident cases are especially nuanced. Drivers obtain special licenses and are beholden to specific regulations, such as which lanes they can use, during what hours, and what materials they can transport for example. Thus, it takes the skills of a knowledgeable Durham truck accident attorney versed in state, local, and federal law to successfully navigate a truck accident case.