Winston-Salem Delivery Truck Accident Lawyer
Everyone relies on efficient and timely delivery drivers to transport packages for both business and pleasure. Driving for long hours, through all sorts of inclement weather, these workers usually do solid work in a stressful job. The stressors placed upon these people can cause them to take unnecessary risks that place others in danger.
Despite the fact that many delivery drivers are required to obtain special licenses to drive their vehicles, they are still subject to the same rules of the road that we all must follow. This includes being held financially responsible when they are at-fault for an accident.
Winston-Salem delivery truck accident lawyers represent people who have been injured due to the negligence of delivery drivers. Speak to a qualified truck accident lawyer that can attempt to hold both the driver and their parent company responsible.
North Carolina Negligence Laws
Most collisions that occur between delivery trucks and other cars are accidental. Accidental and intentional collisions have legal consequences and the possibility of criminal prosecution for the driver. North Carolina law allows people injured in accidents to sue the responsible parties for negligence. The responsible party is, of course, the driver, but may also include the driver’s employer.
Elements the Plaintiff Must Prove
A Winston-Salem delivery truck accident attorney can determine all possible defendants in a person’s case to maximize the value of the case. Negligence is a civil cause of action known as a tort. Torts allow people to initiate civil lawsuits in court for monetary damages. When those cases are centered on negligence, there are five separate things that the plaintiff must prove:
- Duty – The law places a responsibility on certain people at certain times to care for the well-being of others. This is called the duty of care. All drivers of all vehicles have a duty to care for all other drivers, passengers, and pedestrians.
- Breach – When the driver fails in that duty to care, the duty is in breach. This usually happens as the result of a violation of a rule of the road, such as by speeding, or by driving in a careless way, such as driving without checking blind spots
- Cause – This element is satisfied when the breach of the duty of care causes the plaintiff’s injuries. The collision may break a pedestrian’s leg for example
- Scope – The injuries suffered need to have been foreseeable given the facts of the incident. Collisions between vehicles can often result in severe injury, so this is not usually in dispute.
- Damages – The plaintiff needs an actual physical harm. This can be either property damage or personal injury. Other damages, such as lost wages can be added on, but all claims need a foundation in a physical harm
Even if all of these elements are satisfied, a claim will still fail if the statute of limitations is violated. This is a time limit that a plaintiff must meet to win their case. Under N.C. Gen. Stat.1-52, plaintiffs must file a case in court no more than three years from the date of the accident.
Speaking with a Delivery Truck Accident Attorney
Getting injured in an accident with a delivery truck can be an intimidating experience. Not only do you need to make a full recovery, but you may be pushed into a quick, low-ball settlement by the defendant company’s insurance group.
A Winston-Salem delivery truck accident lawyer can protect your rights and fight to obtain the full value of their cases. By gathering the evidence, applying it to the law, and negotiating from a position of power, many cases settle without the need for a trial and for a fair sum. In the rare case of a trial, a litigation team can be prepared to argue before the jury. Time is limited to file a claim so do not delay, contact a lawyer today.