Truck accident injury claims can be among the most complicated cases adjudicated in the North Carolina court system. The contributory negligence law in the state gives a distinct advantage to the truck driver and their employer as well as trucking insurance companies that may want to contest a claim. This especially applies to insurance providers that want to reduce payouts as much as possible and will use any technicality available to even establish any amount of fault for an injured claimant. Passengers typically do not face the difficulties that drivers face when filing a claim for a truck accident injury because they usually are not evaluated for personal contribution to causation. Every detail matters in a truck accident case because of the extent to which insurance companies and shipping companies will go when fighting a claim. [Truck Accidents On The Rise – Top 5 Reasons]
And there may be vicarious liability involved as well when shipment contractors fail to load cargo properly, which then results in causing an accident.
Establishing an Injury Claim
The first documentation needed to file an injury claim will be the official accident report establishing involvement. Everyone involved in a truck accident has access to the report and should be provided a copy. This paperwork connects the claimant to the incident. Of course, truck insurance companies already have this information, and in fact, they often attempt to influence compiling the report by dispatching an investigation team immediately to the crash site. Insurance companies work with law enforcement officers regularly, and especially reconstruction specialists who they may be able to sway regarding perceptive fault in a truck accident. It is important to make sure your name is included in the report as a victim. The first step truck accident lawyers will take is obtaining the accident report.
Providing Medical Evidence
Providing medical documentation to a respondent insurance company is necessary for any claim approval, but it is best to be cautious. Insurance company adjusters will request a HIPPA release if they think they can convince a claimant to authorize access. While they do need documentation to support special damage injury claims, they should never be authorized to view an entire medical file. They should only know what you want based on the specific claims because they can use any technicality available to deny a claim, which is exactly their goal in North Carolina due to the pure contributory negligence law used in state courts. Truck accident lawyers never advise a general information release. Always assemble all medical bills and diagnosis reports. Additionally, prognosis reports are also vital when general damage claims for long-term impact are negotiated.
Special Damages
Truck accident claims will have multiple elements of compensation. Financial remuneration for medical bills or anything associated with the accident that created exact expenses is “special” or pecuniary damages because they can be stated in exact dollars. Once liability is admitted by the responsible insurance company, these will be the first damages allowed. Courts will also make this distinction if a case goes to court along with the other damages that can also be claimed. This financial recovery portion of a claim is classified as economic compensatory damages, but non-economic compensatory demands can also be made.
General Damages
The element of a truck accident claim that makes a claimant financially whole after the fact is almost always general damages for long-term impact. This can include multiple medical issues such as difficulty living in the future, recovery from pain and suffering until the injury heals if at all possible, and mental anguish as a result of ongoing problems and even being involved in an accident in the first place. Insurance companies never want to pay these damages, and they will avoid them at all costs for victims with no legal representation who will take a quick low-ball settlement. They understand when an attorney is involved that general damages will be a central focus of financial recovery, if not additional punitive damages.
Punitive Damages
Some truck accidents are harrowing events, and they often result in fatalities. Wrongful death claims are common following an accident where people die due to the reckless abandon of a truck driver or a vicarious employer or a shipping contractor. Accidents, where evidence of gross negligence is obvious, can end up as a separate legal action for punitive damages as well as standard damages for injuries and pain and suffering before the victim succumbed to their medical issues. Wrongful death claims always require representation from experienced truck accident lawyers who understand how to craft a case for maximum award.
Going to Court
Many truck accident cases will find their way to court in North Carolina if a claim driver could be assigned any amount of fault for causation. Even 1% of personal fault in causing an accident can cause a driver to have their injury case dismissed. This law gives insurance providers ample incentive to deny a claim and force it to court using any technicality they can create to claim exemption from liability. It is the strictest comparative negligence law in the United States, and many times a truck accident attorney will become a defense attorney of sorts for a victim driver when an insurance provider is contesting the claim in court based on contributory negligence.
Contact Our North Carolina Truck Accident Lawyers
It is never a good decision to attempt handling your own truck accident injury claim. The odds are stacked against claimants in North Carolina without aggressive legal representation. Contact the North Carolina truck accident lawyers at our firm for a full case evaluation and comprehensive representation.
Additional Information on North Carolina Trucking Accidents:
Major Causes Of Trucking Accidents
Truck accidents are often unique in how they occur. However, they do fall into general categories in most situations. Even when the primarily responsible driver is operating a standard vehicle, truck drivers can also often contribute to causing the accident….
Accidents Occur When Truckers Break The Law
Professional truck drivers are supposedly the best drivers on the highways. They go through extensive training and certification before being issued a commercial classified driver’s license. Included in their training is knowing exactly what to expect when they…
