Filing a truck accident injury claim can be much more complicated than a standard auto accident in North Carolina. Trucking companies and their insurance providers often defend accident claims strongly in the state because they know that any driver who was even remotely responsible for causing the accident could have their injury claim denied.
The truck driver is not always totally at fault in a truck accident situation, so details of how the incident occurred matter significantly when and if the case goes to court. This is a common event in North Carolina because the insurance companies could have their financial responsibility level lowered or even dismissed altogether without an experienced truck / car accident attorney representing the case.
Contacting the Respondent Insurance Company
Truck accident insurance companies can be ruthless when attempting to reduce or avoid paying a claim. They are more concerned with avoiding a claim payment than the health of the claimant, and no technicality is too small when it can be used to suggest a claimant driver was at fault for causing an accident. Passengers usually do not face this scrutiny, but the insurance company may still want additional documentation regarding the extent of the injury. It is important to be cautious when discussing the claim with any company representative because anything that indicates personal fault can and will be used in a claim denial. Communication with the trucking insurance company is a primary benefit of having aggressive legal representation.
Assemble All Documentation and Call an Attorney
Injury claims are based on medical records and ongoing difficulty dealing with injuries in the future. It is not only important to have a personal copy of the official accident report and all medical bills, including hospital stays, but also documentation regarding injury diagnosis and prognosis. And, never give an insurance company a general HIPPA release to view an entire medical file. Insurance providers typically attempt to settle the case based on initial medical reports and billing with a quick low-ball settlement offer when they know they will be required to pay a claimant some amount. A signed settlement complete with a release from future medical coverage could result in the company avoiding paying general damages and dealing with an attorney in the case. Get all documentation together for any medical issues and call a car accident attorney immediately. [Accidents Occur When Truckers Break The Law]
Why an Attorney is Needed
North Carolina has the strictest comparative negligence law in the United States, and it is clearly written to the advantage of insurance companies. They use every technicality available to deny truck accident injury claims because trucking companies and their drivers are required to carry significantly more liability insurance than a standard driver. Accidents that can be attributed to a standard driver could only have minimal insurance policies to use as coverage, but the trucking company policy could result in whole damage payment. Additionally, fatal accidents could result in wrongful death legal actions demanding punitive damages for gross negligence when sufficient evidence exists to support the claim. Many truck accident cases go to court, and it is vital to have strong legal representation when seeking whole damages for serious injuries or wrongful death. [Determining Fault and Liability In A Car Accident Involving A Tractor-Trailer.] Highly Contested Cases and Vicarious Liability – Truck accidents can be very complicated and highly-contested legal claims because shipping companies are notorious for strongly defending claims as are their truck insurance providers. No detail is too small for a shipping carrier if they think they can prove fault on any level in a North Carolina trucking accident.
Contact Our North Carolina Car Accident Law Firm
It is never a good decision for an injured party to attempt handling a truck accident injury claim personally. The process is fraught with legal technicalities and the potential for claim denial, and having an experienced truck accident attorney can mean the difference between being properly compensated or receiving no compensation at all for injuries that often last a lifetime due to severity. Kellum Law Firm has multiple office locations around the state of North Carolina, including New Bern, Jacksonville, Wilmington, Goldsboro, and Greenville NC.
With over 40 years of representing North Carolina residents in car accident claims, our team of attorneys is on your doorstep and ready to act on your behalf. Always remember that time is of the essence when filing an accident claim.
Call our firm today and let us conduct a full investigation into your truck accident injury case – 1-800-ACCIDENT
ADDITIONAL RESOURCES TO HELP WITH NORTH CAROLINA TRUCK ACCIDENT CASES:
- Accident Involving A Heavy Goods Vehicle – What Is A Spoliation Letter?
- North Carolina Truck Accident Lawyers Explain How To Get Compensation After an Accident with a Truck
- Truck Accidents On The Rise – Top 5 Reasons
- Major Causes Of Trucking Accidents
