When you have been involved in a trucking accident, it may seem like forever before the case is settled. These cases do have a tendency to take longer to complete than other personal injury cases, but there are very good reasons for this delay.
Federal and State Regulations
The trucking industry is regulated by federal and state laws. Additionally, the truck involved in the accident may be held under the laws of the state in which they are registered and the state in which the accident occurred. All of these laws must be reviewed by the truck accident attorneys to build the case.
Multiple Responsible Parties
When a semi-truck is involved in an accident, there is a potential for several parties to be responsible for the event. The driver, the trucking company, the shipping company, the party that loaded the trailer, the mechanics or the manufacturer could all have a part in why the accident occurred. Each area must be researched to determine who is at fault for the accident.
Most trucking accidents result in the passengers of the smaller vehicle suffering catastrophic or life-changing injuries. Many of these injuries do not heal quickly or require extensive care for long periods of time. Your attorney is not going to seek compensation from the negligent party until they know the extent of your injuries and damages you have received.
Insurance Companies Will Stall
Trucking accidents are high-cost events for insurance companies. Medical bills to cover catastrophic injuries can skyrocket very rapidly, and the insurance companies are going to do everything possible to delay payments, deny claims, or “forget” about benefits due. The insurance company that represents the negligent party is often the leading reason for the extensive-time period it takes to settle a trucking accident case.
North Carolina Is A Contributory Negligence State
North Carolina is one of the few states left that still have contributory negligence laws in place. Under this set of laws, if the victim of the accident is found to have even one percent fault – or contributed to the cause of the accident – they cannot make a claim for compensation. This is a brutal law for injury victims, but a skilled truck accident attorney can build a solid case.
Your accident attorney may need to bring in specialists to help recreate the accident or have other engineers determine the cause of the event. These professionals need time to do their work, but the results are worth the wait. If an accident reconstruction company can show that the injury victim was not at fault in any way, the case for compensation can proceed.