Vehicle accidents can happen for many reasons and cause tremendous harm to those involved, and commercial truck accidents are some of the most damaging. These accidents may be less common than standard passenger vehicle accidents in the Asheville area, but they tend to result in far more serious injuries, more expensive economic losses, and generate more difficult questions of liability.
If you or a loved one recently suffered injuries in a truck accident, you likely have grounds to pursue an automobile insurance claim against the driver who caused the accident. State law requires every driver to have car insurance, and filing a claim is typically the first step in recovering from any vehicle accident. However, there is no guarantee that insurance alone will fully cover the cost of your damages, and a personal injury claim is likely to be necessary to ensure the fullest recovery possible.
The Law Offices of Wade E. Byrd P.A. can provide the comprehensive legal representation you need after a truck accident in Asheville, whether you believe you can recover with an auto insurance claim, a personal injury suit, or both. Our firm has more than 40 years of professional experience we can leverage for you to help you recover as fully as the law allows. We take time to listen to each new client’s story and develop an individualized legal strategy on their behalf. If you believe another party is responsible for your recent truck accident, we can help hold them accountable for your damages.
Before you will be able to recover any compensation for the damages you suffered in a recent truck accident, you must prove the exact cause of the accident and identify the party responsible for causing it. While truck accidents often occur for the same reasons that all other vehicle accidents happen, they can present difficult issues like vicarious liability that can complicate a victim’s path to recovery.
The term “vicarious liability” applies to one party being liable for the actions of another party. This most commonly pertains to an employer who is liable for the actions of an employee. For example, the employer of the truck driver who caused your accident could be vicariously liable for the incident due to their handling of the employee, such as failure to ensure proper training or neglecting to perform an appropriate background check.
Your Asheville truck accident attorney can be crucial when it comes to firmly establishing liability for your accident. They can help obtain evidence like traffic camera footage, drivers’ cell phone records, vehicle computer data, and testimony from any witnesses who saw the accident happen firsthand. If vicarious liability applies, the driver’s employer could share fault for your damages.
One issue you must be prepared to address in your truck accident case is the state’s contributory negligence law. If a plaintiff shares fault with a defendant for causing a personal injury, this will negate the plaintiff’s ability to claim compensation for their damages, even if their fault is slight. Many defendants will attempt to assert contributory negligence to avoid liability for the damages they cause, and your Asheville truck accident attorney can help address any such issues that might arise during your case.
Once you have proven fault for your truck accident, the first step in your recovery process is likely to be an auto insurance claim. All drivers in the state, including commercial truck drivers, must have auto insurance that meets the state’s minimum coverage requirements. While many trucking companies and their drivers have greater insurance coverage than what is required of the average individual driver, this does not mean you should expect insurance alone to fully cover your damages, or that filing your insurance claim will be easy.
Your Asheville truck accident attorney can help file your claim, resolving any disputes the insurance company might raise against you. Insurance companies will typically look for justification to deny claims or offer the lowest possible settlement payouts, but they are less inclined to attempt any bad faith handling of a claim when the claimant has legal representation. After you receive your settlement check, any remaining losses that insurance can’t cover can be included in a personal injury claim.
The main objective of any personal injury suit is for the plaintiff to hold the defendant accountable for the damages they inflicted and recover the compensation they rightfully deserve for their damages. Under the state’s personal injury laws, the plaintiff has the right to claim full repayment of their economic losses, which may include:
The average personal injury plaintiff is likely able to account for immediately recognizable damages like their hospital bills and vehicle repair costs, but assessment of their long-term damages will be more challenging. If you suffered any catastrophic injuries that impose long-term medical treatment requirements and interfere with you being able to work and earn money, it’s vital to find an Asheville truck accident attorney who can accurately calculate these projected losses.
In addition to your economic damages, you also have the right to seek pain and suffering compensation from the defendant. North Carolina law puts no limits on the amount of pain and suffering compensation a plaintiff can claim for a truck accident, so you can seek as much as you believe to be appropriate to reflect the severity of your experience.
Beyond your economic and non-economic damages, other variables could also influence your total recovery. For example, if the defendant caused the accident through an illegal act, they are likely to face punitive damages and/or restitution that will be paid alongside your claimed damages. Every truck accident claim is unique, and every plaintiff will face different challenges as they seek the compensation they need to recover as fully as possible, and every plaintiff in this type of case benefits by hiring legal counsel they can trust to guide them through their proceedings efficiently.
Most personal injury claims filed are not resolved in trial. It benefits all parties involved to instead settle the case privately, but this is only possible if the defendant accepts liability for the damages and agrees to negotiate. Your Asheville truck accident attorney can guide you through the settlement negotiation process, but if litigation is required you will be able to rely on their guidance throughout your courtroom proceedings.
When you choose the Law Offices of Wade E. Byrd P.A. to represent you, you are investing in years of professional legal experience. Attorney Byrd has helped clients get over all types of personal injuries for more than 40 years and our firm is ready to leverage this experience in your truck accident case. You have a limited time in which to pursue compensation after another party has injured you, and the sooner you reach out to our team the more time we have to work on your case.
A: State law may not strictly require that you hire an attorney to help with your truck accident case, and you have the right to pursue your recovery on your own. However, you have a much greater chance of success with your case in Asheville if you have an attorney representing you. Your legal team can help maximize an automobile insurance claim payout, and if you have grounds to pursue further compensation with a personal injury suit they will help you with this as well. You are more likely to succeed with your recovery and more likely to secure maximum compensation for your damages if you have legal representation you can trust on your side.
A: Under the fault rule for vehicle accidents, the driver responsible for causing your recent truck accident is fully liable for all resulting damages. You have the right to claim compensation for vehicle repair costs, medical bills, lost income, and lost future earnings if you were disabled from the accident. You can also seek pain and suffering compensation, and there is no limit to this aspect of your case enforced by state law. If you want a more accurate prediction of your case’s total value it is vital that you consult an Asheville truck accident attorney as soon as possible after your accident.
A: Unfortunately, if you are found even slightly at fault for your truck accident you will be ineligible to claim compensation from any other liable party under the state’s contributory negligence rule. To succeed with any personal injury case in Asheville, the plaintiff must prove that a defendant was solely liable for their claimed damages. If you share fault you will be responsible for paying for your damages, and shared fault is also likely to prevent you from filing an auto insurance claim.
A: Whoever caused your recent truck accident will face full responsibility for all damages they inflicted with their actions. However, they would be unlikely to face criminal charges unless they caused the accident through illegal misconduct like DUI. If the defendant did cause your truck accident in an illegal way, they may owe you punitive damages or restitution alongside your other claimed losses. A good Asheville truck accident attorney can explain how the defendant’s illegal behavior may influence your recovery.
A: The Law Offices of Wade E. Byrd P.A. can provide the legal representation you need for your truck accident claim without adding to your financial worries with expensive attorneys’ fees. We take personal injury clients on contingency, meaning our firm only takes a fee if and when we win a client’s case. Our contingency fee will be a percentage of the total amount recovered, so there is no risk to the client of paying more for legal counsel than they win in compensation for their damages. If we cannot obtain compensation for a client, there is no fee at all.
The right attorney can have a tremendous positive influence on your experience with a truck accident case and help you reach the optimal outcome. When you choose the Law Offices of Wade E. Byrd P.A. to represent you, you will have more than 40 years of professional legal experience behind your case. Our goal is to help you recover as fully as possible in the shortest possible time, but you need to reach out to our firm as soon as you can to maximize your chances of success with your case. Contact us today to make an appointment for a free consultation with an experienced Asheville truck accident attorney to learn how we can empower your recovery.