FAQ

The first thing that should be done, of course, is to get medical attention for anyone who is seriously injured. Beyond that, here are some key steps that can help you in a personal injury lawsuit:

• Report the accident to your insurance company
• Provide as many details as possible to police and file an accident report
• Take photos of the accident scene to record important details, including damage to vehicles and other property
• Do not speak with any other insurance company representatives or sign any reports
• Do not make any statements of who was at fault or the extent of your injuries
• Contact an experienced personal injury attorney
• See a doctor as soon as possible following an accident

In North Carolina, the statute of limitations for filing a personal injury claim, including a semi-truck accident claim, is typically three years from the date of the accident. It's crucial to act promptly and consult with a lawyer to ensure your legal rights are protected.

Personal injury lawsuits regarding semi truck accidents can become complex rather quickly. Often, it is possible to name more than one party in a lawsuit. Our experienced truck accident lawyers help victims maximize the amount they recover by naming all responsible parties. This may include:

• The driver of the truck
• The owner of the truck company
• The employer of the driver, which may be different than the truck owner
• The owner of the tractor-trailer, which can be different than the owner of the truck itself
• The manufacturer of the truck, tractor-trailer or any parts of the truck or cab
• A third-party maintenance company
• A municipality that contributed to the accident by creating dangerous road conditions or not properly marking dangerous conditions

Gathering evidence at the scene of a truck accident is crucial for building a strong claim. Documenting the accident scene can aid in establishing liability and fault.

• Start by taking clear photographs of the scene, including vehicle damage, skid marks, road signs, and any visible injuries. If possible, capture the positioning of the vehicles involved and the surrounding environment to give context to the accident.
• Collect contact information from all parties involved, including their names, phone numbers, and insurance details, as well as witness accounts and their contact information.
• Additionally, note down details like the time and date of the accident, weather conditions at the time, and any road hazards that may have contributed to the incident.
• Police reports are invaluable, so make sure law enforcement is called to the scene and a report is filed.
• The complexity of truck accidents involves factors unique to these vehicles, such as cargo logs and driver's rest schedules, which can significantly impact the determination of fault.

Consulting with a truck accident attorney can further guide you on what specific evidence will support your claim most effectively.

Determining whether you have a valid claim against a trucking company involves several critical considerations. Central to this determination is the identification of negligence or breach of duty that directly led to the accident and your resultant injuries. This negligence could be in various forms, including driver error, inadequate vehicle maintenance, or oversights in adhering to federal trucking regulations. A claim might also arise if the trucking company failed in its hiring, training, or supervision of the driver, implying a systemic problem contributing to the crash.

You'll also need to establish that the trucking company is legally responsible for the conduct of its employees—usually the case under employment law. Engaging the services of a knowledgeable truck accident lawyer is pivotal in assessing your situation comprehensively. The lawyer can help gather the necessary evidence, consult experts, and develop a strategic approach to prove the fault. Because truck accident claims are inherently complex, involving state and federal laws, having legal representation can significantly enhance the likelihood of a favorable outcome.

Federal, state and local laws that apply to commercial trucks and their drivers can play an important role in a personal injury lawsuit. The Federal Motor Carrier Safety Administration (FMCSA) regulates the commercial trucking industry. Laws apply to:

• The number of hours a driver can work in a given period of time
• The training a driver must have completed
• Drug and alcohol use by drivers (significantly lower blood alcohol concentration levels)
• The maintenance schedule of the truck and tractor-trailer
• The weight limit of the truck and its load

Federal regulations also require commercial trucks to carry certain levels of insurance coverage. This protects victims of truck accidents from truck owners or companies stating that they do not have the financial resources to pay damages.

Often, trucking companies will take elaborate steps to place their assets under a different entity in order to avoid paying damages in these cases. We work with forensic accountants and other specialists who are skilled at uncovering a company’s true assets in order to clear the way for our clients to collect the full amount they are owed.

If a truck accident was caused by a defective part, several parties might be held accountable, extending beyond just the driver involved. Determining liability in such scenarios often involves the manufacturer of the faulty component, distributors, and, in some cases, the maintenance service provider if the defect was due to poor maintenance or installation.

In a product liability claim, it's crucial to demonstrate that the defective part directly caused the accident and resulting injuries; this typically requires a thorough investigation and expert testimony.

These types of claims can become particularly complicated as they may involve multiple defendants across different jurisdictions, necessitating a coordinated legal strategy. Detailed product analysis, review of manufacturing processes, and tracing the chain of distribution might be necessary to build a compelling case.

Consulting with a truck accident attorney at Comerford Chilson & Moser ensures the necessary steps are taken to hold all responsible parties accountable, aiming to secure compensation for any damages sustained due to the defect.

Insurance coverage for truck accidents is often more complex than for standard vehicular accidents due to the commercial nature of the vehicles involved. Typically, trucking companies are required to carry higher liability limits given the potential for severe damage and catastrophic injuries in the event of an accident.

These policies are designed to cover extensive property damage, medical expenses, and even compensation for lost wages and pain and suffering. However, dealing with insurance companies can be challenging as they may attempt to minimize payouts or dispute claims.

It is crucial for victims to understand the nuances of commercial insurance and the coverage that might be available to them. Engaging a truck accident attorney can be invaluable in navigating this landscape, as an experienced lawyer can advocate on the victim's behalf, ensure all applicable policies are scrutinized, and negotiate effectively with insurers. This ensures that victims are not left struggling with out-of-pocket expenses or denied the compensation they are rightfully entitled to under their circumstances.

Legal representation following a truck accident is critical due to the complexity and magnitude of such cases. Truck accidents often involve multiple parties, including drivers, trucking companies, vehicle manufacturers, and insurance agencies, each bringing its own set of legal challenges.

An attorney experienced in trucking laws can navigate these complexities, identify liable parties, and enforce the victim's rights to fair compensation. Attorneys are skilled in negotiating with insurance companies to secure favorable settlements that reflect the true extent of a victim's damages.

Moreover, a lawyer can uncover evidence that may not be readily accessible to a layperson, such as black box data, maintenance logs, and driver's histories, each of which can significantly impact the case's trajectory.

Having legal counsel also provides peace of mind, allowing victims to focus on recovery while their legal affairs are managed professionally and thoroughly. At Comerford Chilson & Moser, our attorneys are committed to delivering comprehensive legal support, helping our clients through every step of their journey to justice.