Big truck accidents can be devastating, leading to serious injuries, extensive property damage, and complex legal challenges. At Kellum Law Firm, we understand the difficulties faced by victims of big truck accidents. At our office location in Jacksonville, NC, we have a team of auto accident attorneys with extensive experience in auto accidents involving collisions with semis and large trucking vehicles. Below, we have compiled answers to ten of the most frequently asked questions regarding big truck accident insurance claims to serve as a resource for our readers.

Truck accident lawsuits North Carolina

FAQ’s – 

1. What should I do immediately after a big truck accident?

Answer: After a big truck accident, your safety is the top priority. Here are the steps you should take:

  • Check for injuries: Ensure that you and any passengers are safe. Call 911 if there are any injuries.
  • Move to safety: If possible, move your vehicle out of traffic to prevent further accidents.
  • Call the police: Report the accident to law enforcement, and make sure to obtain a copy of the police report.
  • Gather information: Exchange contact and insurance information with the truck driver. Collect contact information from any witnesses.
  • Document the scene: Take photos and videos of the accident scene, including vehicle damage, road conditions, and any visible injuries.
  • Seek medical attention: Even if you feel fine, get a medical evaluation to check for any hidden injuries.
  • Contact a big truck accident attorney: Seek legal advice to protect your rights and start the claims process.

2. Who can be held liable in a big truck accident?

Answer: Liability in a big truck accident can extend beyond the truck driver. Potentially liable parties include:

  • The truck driver: If the driver was negligent, such as driving under the influence, speeding, or violating traffic laws.
  • The trucking company: If the company failed to maintain the truck, improperly trained the driver, or pressured the driver to violate hours-of-service regulations.
  • Manufacturers: If a vehicle defect or faulty part contributed to the accident.
  • Cargo loaders: If improper loading or securing of cargo caused the accident. Determining liability can be complex, and a big truck accident attorney can help identify responsible parties and build a strong case.

3. How does North Carolina’s Contributory Negligence Law affect my claim?

Answer: North Carolina follows the contributory negligence rule, which can significantly impact your claim. Under this law, if you are found to be even 1% at fault for the accident, you may be barred from recovering any compensation. Insurance companies often use this law to deny claims, making it crucial to have a skilled truck accident attorney to challenge such findings and advocate for your rights.

4. What types of compensation can I seek in a truck accident claim?

Answer: Victims of truck accidents can seek various types of compensation, including:

  • Medical expenses: Coverage for hospital bills, surgeries, rehabilitation, and ongoing medical care.
  • Lost wages: Compensation for income lost due to the inability to work.
  • Pain and suffering: Compensation for physical pain, emotional distress, and diminished quality of life.
  • Property damage: Coverage for vehicle repair or replacement costs.
  • Loss of earning capacity: If the injury affects your ability to work in the future. A big truck accident attorney can help you assess and pursue the full extent of your damages.

5. What evidence is important for a successful big truck accident claim?

Answer: Key evidence in a big truck accident claim includes:

  • Police reports: Official documentation of the accident and any citations issued.
  • Medical records: Detailed records of your injuries and treatment.
  • Witness statements: Testimonies from individuals who saw the accident.
  • Photographs and videos: Visual evidence of the accident scene, vehicle damage, and injuries.
  • Driver logs and records: Information about the truck driver’s hours of service, maintenance records, and training history.
  • Black box data: Electronic data from the truck’s onboard recorder, including speed, braking, and other critical information. A big truck accident attorney can assist in gathering and preserving this evidence to build a strong case.

6. How long do I have to file a big truck accident claim in North Carolina?

Answer: In North Carolina, the statute of limitations for filing a personal injury claim, including those involving big truck accidents, is generally three years from the date of the accident. However, specific circumstances may affect this timeline, so it’s important to consult with a big truck accident attorney as soon as possible to ensure your claim is filed within the appropriate period.

7. What should I do if the insurance company denies my claim?

Answer: If your claim is denied, don’t lose hope. Here are steps you can take:

  • Review the denial letter: Understand the reasons for the denial.
  • Gather additional evidence: Strengthen your case with more documentation and expert opinions.
  • File an appeal: Submit a formal appeal to the insurance company with the new evidence.
  • Consult a big truck accident attorney: An experienced attorney can help you challenge the denial and negotiate with the insurance company or take your case to court if necessary.

8. How can I afford a truck accident attorney?

Answer: Most auto and truck accident attorneys work on a contingency fee basis, meaning they only get paid if you win your case. There are no upfront costs, and the attorney’s fee is a percentage of the settlement or judgment. This arrangement allows you to access legal representation without worrying about immediate financial burdens.

9. How does Kellum Law Firm handle big truck accident cases?

Answer: At Kellum Law Firm, we handle big truck accident cases with a client-centered approach. Our process includes:

  • Initial consultation: We provide a free case evaluation to discuss your case and evaluate your legal options.
  • Thorough investigation: We gather evidence, interview witnesses, and work with experts to build a strong case.
  • Communication: We keep you informed and involved throughout the process.
  • Negotiation: We negotiate with insurance companies to seek a fair settlement.
  • Litigation: If necessary, we are prepared to take your case to court to ensure you receive the compensation you deserve.

10. Can you provide a success story involving a big truck accident claim?

Sarah, a school teacher in Jacksonville, NC, was driving home when a big truck ran a red light and collided with her vehicle. She sustained serious injuries, including a broken leg and a concussion. Using an inexperienced family law attorney recommended by a friend, Sarah filed an insurance claim, but it was denied on the grounds of North Carolina’s contributory negligence laws. The trucking company’s legal department alleged she was partially at fault for the accident.

Seeking Legal Help: Sarah consulted with a truck accident attorney at Kellum Law Firm. Our attorney reviewed her case, gathered additional evidence, including traffic camera footage and witness statements, and filed an appeal.

Successful Appeal: With the new evidence, our attorney challenged the contributory negligence finding. The insurance company reconsidered and eventually overturned the denial, approving Sarah’s claim. She received compensation for her medical expenses, lost wages, and pain and suffering, allowing her to focus on her recovery.

VIDEO – Big Rigs, Big Risks – Staying Safe Around Trucks: Insights from Kellum Law Firm

Understanding the Risks: Big trucks pose significant hazards due to their size and weight. Key points include stopping distances, maintaining safe distances, and avoiding blind spots. Additional risks arise from driver fatigue and adverse weather conditions. Watch the short video below on how to stay safe around trucks and semis on Jacksonville, North Carolina highways:

Dealing with the aftermath of a big truck accident can be challenging, but understanding the process and knowing your rights can make a significant difference. If you have questions or need assistance with a big truck accident claim, contact Kellum Law Firm. Our experienced big truck accident attorneys are dedicated to helping you secure the compensation you deserve.

Call 1-800-ACCIDENT today.

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