Durham Truck Accident Lawyer

Durham Truck Accident Attorney

Commercial trucking is vital to the supply chain of North Carolina and the entire United States, and drivers in the Durham area regularly see large commercial trucks on local roads. While most of these trucks will reach their destinations without issue, truck accidents do happen for various reasons, often with devastating effects for those involved. If you or a member of your family recently sustained injuries in a truck accident that someone else caused, the legal proceedings ahead of you are likely to be more complex than what you would face after a standard passenger vehicle accident.

Skilled Legal Counsel for Truck Accident Claims in Durham, NC

Recovery from a truck accident will require similar legal efforts to what you would face after a typical passenger vehicle accident. However, commercial truck crashes tend to result in far worse damages and raise more complex questions of liability. An experienced Durham truck accident attorney is an invaluable asset in this situation, as you may face an automobile insurance claim followed by a difficult personal injury suit.

The attorneys at the Law Offices of Wade E. Byrd P.A. have years of experience helping clients in Durham and surrounding communities with their vehicle accident claims and other personal injury cases. We know the various legal issues you are likely to encounter as you seek recompense for the losses you suffered, and we know how to help our client maximize their recovery. You have a limited time to act following an accident if you want to secure as much compensation as the law allows, and the sooner you connect with our team, the more likely you are to amplify your recovery to the fullest possible extent.

How to Prove Liability for a Truck Accident in Durham

Before you will be able to recover any compensation for the damages you suffered in your recent commercial truck accident, you must prove the exact cause of the crash and identify the party or parties responsible for causing it. North Carolina’s fault rule dictates that the at-fault driver is liable for any damages they inflict on others; the state also enforces a contributory fault statute. This means that if a plaintiff is found even slightly to blame for their claimed damages, they lose the ability to seek compensation from the defendant.

Your Durham truck accident attorney can be a crucial asset not only for gathering the evidence you will need to firmly establish liability for your damages but also for quelling any claims of contributory negligence from the defendant. It’s common for at-fault drivers in the state to attempt to use contributory negligence as a defense and deflect blame for the harm they’ve done, but a seasoned attorney will know how to prevent this from happening in your case.

Truck accidents happen for many of the same reasons that all other motor vehicle crashes occur, but they tend to result in far more substantial damage. A few of the most commonly reported causes of truck accidents in the Durham area include:

• Distracted driving. This is a leading cause of vehicle crashes throughout the United States. Whenever a driver becomes distracted behind the wheel, they can easily harm themselves and others around them.
• Speeding. This is a major contributing factor to the number of fatal car accidents in the United States each year, and speeding is especially dangerous for truck drivers. Large commercial trucks require more time and stopping distance to avoid collisions in some situations, and accidents are more likely to cause catastrophic or fatal injuries when they happen at high speeds.
• Driving under the influence (DUI) of drugs or alcohol. This is illegal for any driver, but it is especially dangerous for a truck driver to operate their vehicle while intoxicated. Penalties for DUI conviction can include driver’s license suspension, fines, and jail time, and a truck driver may lose their commercial driver’s license (CDL) if they cause an accident because of DUI. This will force them to find a new job along with their other penalties and civil liability for the victim’s damages.
• Improperly loaded cargo. Every commercial truck needs to be packed correctly, otherwise, the vehicle can become unbalanced and tip or roll over. The party responsible for loading a truck could face liability for resulting damages if they failed to follow proper procedures in loading the vehicle’s cargo, especially when it comes to special types of oversized cargo like smaller vehicles, lumber, and construction materials.

These are only a few examples of potential causes of truck accidents, and ultimately, every truck accident case will raise different questions and complexities for a plaintiff. When you have a seasoned Durham truck accident attorney representing your case, you will be better prepared to address any unexpected legal challenges you might encounter as you seek recompense for your damages, and this process will likely begin with filing an automobile insurance claim against the at-fault driver.

Dealing With Insurance Companies After a Truck Accident in Durham

The state’s fault rule for accidents means that every driver is legally obligated to have personal auto insurance that meets the state’s minimum coverage requirements. These requirements include at least $30,000 for bodily injuries to one person, at least $60,000 for bodily injuries to multiple people, and at least $25,000 for property damage. These coverage amounts might seem sufficient to cover an accident, and many trucking companies and their drivers have more insurance coverage than the minimum required by state law, but this does not mean you should expect to fully recover through insurance alone or that dealing with insurance company representatives will be easy.

Your Durham truck accident attorney can help file your insurance claim and verify that the at-fault driver’s insurance carrier handles your claim in good faith. If the insurance company pushes back unfairly against your claim, your attorney can be ready to address the problem and ensure you receive a fair settlement for your claim. Once you recover as much compensation as possible through auto insurance, the next phase of your recovery will be to file a personal injury suit against the driver who caused your truck accident.

Claiming Compensation in a Personal Injury Case

The truck accident you recently experienced in Durham may have not only physically injured you but also imposed various economic problems for you and your family. The goal of any personal injury suit is for the plaintiff to hold the defendant accountable for the damages they inflicted and secure the compensation needed to recover as fully as possible. Any truck accident has the potential to cause devastating physical injuries, including broken bones, traumatic brain injuries, and more, and the victim could face months or even years of difficult recovery time. These injuries, in turn, generate expensive medical bills, and the victim may be unable to work while they recover, leading to loss of income and even more significant financial strain for their household.

A personal injury plaintiff in Durham has the right to seek recompense for all economic losses they suffered because of the defendant’s actions. These are likely to include property damage, medical expenses, and lost wages. However, the victim can not only claim compensation for their immediate losses but also the future financial impact of their accident. For example, you may require immediate medical care following your truck accident but also need ongoing rehabilitative treatment for months. The defendant would be liable for all related medical expenses. Similarly, you can not only claim compensation for your lost wages but also your lost future earning power if your accident has left you permanently disabled.

When you have an experienced Durham truck accident attorney representing you, you are more likely to maximize the compensation you receive for your economic losses. However, you also have the right to seek pain and suffering compensation from the defendant. You are allowed to claim as much as you deem appropriate to reflect the severity of the physical pain and psychological trauma inflicted by the defendant’s actions. For many personal injury victims, their pain and suffering compensation overshadows the total of their recovered economic losses.

The Law Offices of Wade E. Byrd P.A. can provide the compassionate and meticulous legal counsel you want on your side in the aftermath of a serious truck accident someone else caused. Our firm has years of experience helping Durham area clients with these claims, and we’re ready to put this experience to work for you.

FAQs

How Long Do I Have to File a Personal Injury Claim for a Truck Accident?

An automobile insurance claim is likely to be your first option for recovering from a truck accident in Durham, but a personal injury claim will be necessary when insurance cannot fully cover your damages. North Carolina upholds a three-year statute of limitations for personal injury suits, and the time limit begins on the date an injury occurs. For example, if your recent truck accident happened on June 1, 2023, you would have until June 1, 2026, to file your personal injury case. This time limit may seem more than sufficient, but it is always advisable to start the claim filing process as soon as possible to have the greatest chance of success.

How Much Compensation Can I Claim for a Truck Accident in Durham?

If you can prove that another driver directly caused your recent truck accident, you have the right to hold them responsible for the entire extent of the economic losses they inflicted, as well as the pain and suffering you experienced due to their actions. If you suffered catastrophic injuries from the accident, you could have grounds to claim a sizeable amount of compensation from the defendant. The total value of your claim can vary based on multiple factors, and a Wilmington truck accident attorney is the most valuable asset you have for maximizing your total compensation.

How Long Does It Take to Finish a Truck Accident Case?

The time it could take to finalize any vehicle accident claim depends largely on whether the defendant accepts liability for the damages. If the fault is clear, the defendant is likely to agree to negotiate a settlement. Private settlement negotiation enables the parties involved in a case to reach a mutually acceptable conclusion to the claim while avoiding the stress, expense, and time commitment of litigation. Settlement usually takes several weeks, whereas litigation can take several months.

Can I Claim Compensation for a Truck Accident That I Partially Caused?

No. If you bear any partial liability for causing your recent truck accident, you cannot claim compensation from any other liable party and will be fully responsible for your damages. The state upholds a contributory negligence rule that bars plaintiff recovery from a defendant if they share fault for the incident, no matter how slight. If you are worried that you share liability for your recent truck accident, it’s vital to consult a Durham truck accident attorney as soon as possible.

What Will It Cost to Hire a Durham Truck Accident Attorney?

It’s understandable to be worried about the potential cost of hiring legal counsel after a truck accident, but this is no cause for concern if you choose the Law Offices of Wade E. Byrd P.A. to represent you. We accept civil claims for damages on a contingency fee basis, meaning we do not charge upfront or ongoing fees to our clients and only take a fee if and when we win their case. Your contingency fee will be a percentage of the final case award we recover for you, and you will owe nothing if we are unsuccessful with your claim. This billing policy eliminates any financial risk to you by hiring legal counsel to represent your truck accident case.

The Law Offices of Wade E. Byrd P.A. has the professional experience necessary to address the most challenging truck accident cases in Durham and surrounding communities. Our firm offers more than 40 years of experience in personal injury law that we can leverage for you as you navigate your recovery. Get in touch with us today to set up a free consultation with a Durham truck accident attorney to learn more about how we can help with your truck accident case.