Your primary concern after any motor vehicle accident is your health and safety and that of the other occupants of your vehicle. Truck accidents have a high chance of resulting in devastating injuries. Do not move and risk making your injuries worse if you have been seriously hurt. Call 911 to report the accident and wait for first responders to arrive.
If you are able to move around safely after the accident, do so carefully and try to document as much as you can from the scene of the crash. This means taking photos of the accident site, your injuries, the damage to your vehicle, and the positions of the vehicles involved in the accident. These photos could prove crucial for establishing liability in your recovery efforts. If the police question you, answer truthfully, but do not say anything that implies you are partially at fault.
North Carolina law requires that you prove fault for your accident before you will be able to recover any compensation for your damages. You must identify the party who caused the accident, prove how they caused it, and then prove the full extent of the losses you suffered from the incident. Bear in mind that if you are partially responsible for causing the accident, you cannot claim compensation from any other liable party under the contributory fault rule.
If a truck driver is liable for your accident, it is possible for responsibility for your damages to fall solely on the truck driver, or their employer could share fault for the accident. Your North Carolina truck accident lawyer can help determine which parties are liable for your damages and then guide you through the process of recovering compensation for your damages. For most truck accident victims, it will entail an auto insurance claim followed by a personal injury suit.
Your North Carolina truck accident lawyer can help file your auto insurance claim and resolve any issues you encounter with the at-fault driver’s insurance carrier. Once you resolve this aspect of your recovery efforts, any outstanding losses you cannot recover through insurance must be claimed with a personal injury suit. The state’s personal injury laws enable you to seek compensation for all economic and non-economic losses you suffered from the accident.
When a truck driver causes an accident, it is possible for the incident to result in severe harm to the others involved, and both the driver and their employer could face substantial civil liability as well as criminal penalties for causing the accident. A North Carolina truck accident lawyer can explain what type of compensation you can seek from the at-fault parties and how to recover your damages as quickly as possible.
A: North Carolina enforces the fault rule for truck accidents the same as for passenger vehicle accidents. A truck accident lawyer can help their client prove fault for their recent accident by gathering various forms of evidence, such as traffic camera footage, witness statements, and different types of digital and physical evidence. You must prove liability for an accident before you can recover any compensation for your losses.
A: Recovering from your recent truck accident will likely require an auto insurance claim followed by a personal injury claim. You have only a few days in which to file an insurance claim after an accident, and you must meet a three-year statute of limitations for a personal injury claim. It is always advisable for the claimant to start these recovery efforts as soon as possible after their accident.
A: You have the right to seek full compensation for the extent of damages you suffered from the accident. The defendant who injured you is liable for all your medical treatment costs, missed income, and property damage, and you can also seek compensation for anticipated future losses, such as lost earning power. Additionally, you can claim as much pain and suffering compensation as you deem appropriate.
A: Vicarious liability comes into play when one party bears fault for the actions of another party. In most cases, it means an employer facing responsibility for their employee’s actions. For example, if a trucking company failed to enforce industry regulations and, in doing so, effectively enabled their driver to cause a serious accident, the company would face vicarious liability for their driver’s actions and shared responsibility for the resulting damages.
A: The Law Offices of Wade E. Byrd, P.A., can provide the legal representation you need for your truck accident claim on a contingency fee basis. This means you part with a percentage of your final case award as our firm’s fee, and only if and when we win your case. There are no upfront attorney fees, and you pay nothing if we are unable to secure compensation for you.
The right attorney can be invaluable to your recovery efforts following any truck accident. The team at the Law Offices of Wade E. Byrd, P.A., provides compassionate legal counsel to injured clients, and we have a strong reputation as a leading choice for personal injury counsel in truck accident claims. Contact us today to schedule a free consultation with a North Carolina truck accident lawyer to learn how we can assist with your recovery.
]]>A commercial truck accident can happen in many of the same ways that all other vehicle accidents occur. Most vehicle accidents happen because of negligence, or failure to exercise reasonable care in specific situations. Distracted driving, speeding, and moving violations are all common examples of this.
It is also possible for a truck accident to happen due to illegal misconduct. For example, driving under the influence of alcohol or drugs is illegal for all drivers in the state but is a leading cause of serious accidents throughout the state each year. Your Fayetteville truck accident attorney can explain the potential implications of a defendant’s illegal misconduct when it comes to your recovery efforts.
Aside from the standard forms of negligence and misconduct that can cause truck accidents, there are few types of accidents that are unique to large commercial trucks because of their size and shape:
Ultimately, no matter how a commercial truck accident happens, it can be incredibly damaging and traumatic for those involved. Victims of truck accidents not only suffer severe economic losses in the form of medical expenses, lost income, and property damage but also experience physical pain and psychological trauma that can last for a long time.
A North Carolina truck accident attorney is an invaluable asset for anyone who has recently experienced any kind of truck accident due to the negligence or illegal misconduct of another party. Your attorney can help prove liability for the accident, determine the full scope of your claimable damages, and guide you through the process of filing an auto insurance claim against the at-fault driver.
If insurance alone cannot fully compensate you for your losses, you will need to file a personal injury claim to recover the remainder. Your truck accident attorney can be invaluable to your case, and they can not only potentially uncover compensation you did not realize you could claim but also streamline your proceedings significantly.
A: While truck accidents happen for many of the same reasons that all other vehicle accidents happen, the large size of these vehicles presents the risk of unique types of accidents. The three most common types of collisions in North Carolina involving heavy trucks are rollover accidents, underride crashes, and jackknife accidents. Whatever type of accident you experience, a North Carolina truck accident attorney can help determine your most viable recovery options.
A: Proving fault is a vital first step in resolving any type of truck accident in the state of North Carolina. It’s possible for liability to fall on a single individual or multiple parties, depending on how the accident happened. Some of the most commonly cited defendants in truck accident cases include truck drivers, their employers, parties responsible for loading commercial trucks, and parties responsible for commercial truck maintenance.
A: North Carolina enforces a contributory negligence rule, meaning the plaintiff in the case cannot claim compensation for their damages if they are found to share fault for causing their damages in any measure. Even if the plaintiff is just slightly to blame for causing the accident, it will prevent them from securing compensation from any other liable party, and they will be personally responsible for their damages.
A: If you can prove another party is responsible for causing a personal injury, state law allows you to seek full compensation for all economic losses you suffered from their actions, as well as fair compensation for your pain and suffering. Economic damages are proven with the appropriate documentation, and a plaintiff has the right to claim as much pain and suffering compensation as they believe reflects the severity of the harm they experienced.
A: While you are not strictly required by law to hire an attorney for your impending truck accident case, an experienced truck accident attorney can be an invaluable asset for your recovery efforts in multiple ways. You are more likely to succeed with your case with their assistance and more likely to maximize your total compensation. You are also more likely to streamline these proceedings, shortening the time it takes for you to recover your damages.
The Law Offices of Wade E. Byrd P.A. can provide the compassionate and meticulous legal counsel you need on your side to recover from a recent truck accident as soon as possible. You have a short time in which to file a personal injury case and even less time in which to file an auto insurance claim. If you are ready to learn what an experienced North Carolina truck accident attorney can do for you, contact us today to schedule a free consultation.
]]>Interstate trucking traffic refers to trucks that move between different states, carrying goods across state lines, while intrastate trucking traffic refers to trucks that carry all cargo within one state’s border.
The U.S. Department of Transportation (DOT), specifically the Federal Motor Carrier Safety Administration (FMCSA), which is a branch of the DOT, is the primary federal agency responsible for trucking regulation. Federal rules apply to interstate trucking traffic and all other vehicles operating in the country. These regulations cover a vast number of requirements, including:
In North Carolina, both the state’s DOT and the state’s Department of Motor Vehicles (DMV) are responsible for regulating trucking oversight and accidents. When commercial trucks keep all their travel within North Carolina, these are the regulations that apply. Certain federal laws may take precedence over state laws, depending on the situation.
Many of the laws and regulations in North Carolina are the same as the FMCSA laws, but there are some differences. North Carolina observes FMCSA hours of service laws, which rely on whether a driver is carrying property or passengers. These laws state that:
There are some exceptions to these laws and regulations.
State guidelines for reporting truck accidents are the same as federal rules. They include:
After a truck accident, it is important to also contact a Fayetteville, NC, Truck Accident Attorney to effectively protect your rights.
In North Carolina, any motor vehicle accident could be subject to the state’s pure contributory negligence laws, including truck accidents. An injured party has the right to recover damages through a car insurance claim with the at-fault party’s insurance. However, under these laws, if the injured party is at all responsible or liable for the accident, they are unable to gain any compensation for damages.
If the insurance company can prove that an injured party is even 1% at fault for an accident, the injured party cannot recover any medical bills, lost income, or other damages. This makes it much harder for injured parties to get the coverage they deserve. It also makes it much easier for trucking companies to avoid being held accountable for negligence.
A: In motor vehicle accidents in North Carolina, the driver at fault for the accident is responsible for the damages. Injured parties in the accident can file against the driver’s insurance, or they can file a civil claim. However, if the filing party is determined to be even 1% responsible for the accident, they are barred from recovering compensation. This is because North Carolina has contributory negligence laws for claims. These laws make it difficult for victims of accidents to get the compensation they deserve.
A: No, North Carolina is not a no-fault state. North Carolina is an at-fault state for auto accidents, meaning that insurance claims are filed with the car insurance provider of the at-fault driver. Knowing who was at fault for the accident is incredibly important.
An injured party can file an insurance claim to cover property damage, medical bills, and even lost income. If insurance will not cover the total cost of their damages, they can file with their own insurance provider or file a civil personal injury claim. This is often necessary in serious accidents with a large amount of damage, such as trucking accidents.
A: A thorough investigation of an accident and a review of the evidence present is important for determining who was at fault. Fault is typically based on negligence, where one or more drivers failed to uphold the expected duty of care to others, and this failure led to the accident. A driver may be negligent by:
Useful evidence may include photos of the accident site, CCTV and traffic cam footage of the accident, and medical records of the injuries.
A: If someone else was at fault for your trucking accident in North Carolina, you may be able to file a claim against them. The first step is typically to file an insurance claim with a trucking company’s insurance provider. However, if your injuries and other damages have a higher value than even maximum coverage will recover, a civil personal injury claim may be the next option.
If the accident was caused by the malfunction or defect of a car component, you could file a product liability claim against the manufacturer or designer of the component. If poor road upkeep by a government agency is responsible for the accident, you can also file a claim against the agency.
When you need experienced legal representation for a trucking accident in Fayetteville, contact the Law Offices of Wade E. Byrd P.A.
]]>Understanding the common risks associated with fellow motorists at intersections is important for safe driving.
Red lights control the flow of traffic at intersections. Running a red light means entering an intersection when cross traffic has the right of way, increasing the likelihood of T-bone or broadside collisions.
These types of crashes can be extremely severe and result in serious injuries or fatalities. For example, in 2021, 1,109 people in the United States died in crashes relating to red light running. These types of crashes injured about 127,000 people in the same year.
Distracted driving is a widespread problem, and it becomes even more hazardous at intersections. Drivers using their phones, adjusting the radio or engaging in other distractions can easily miss traffic signals and signs.
Excessively speeding at intersections is a recipe for disaster. High speeds diminish a driver’s ability to maintain control over their vehicle. As speed increases, the vehicle becomes less stable, and the likelihood of skidding or losing control in a sharp turn or during evasive maneuvers rises significantly.
Aggressive driving behaviors, such as tailgating, weaving between lanes and road rage, are dangerous everywhere, but they can be especially risky at intersections. Aggressive drivers may ignore traffic signals or engage in risky maneuvers.
Drivers need to communicate properly. At intersections, the absence of turn signals can lead to confusion about whether a driver intends to turn or go straight. This confusion can result in dangerous right-of-way disputes and collisions.
For instance, when a driver at an intersection suddenly slows down or makes a turn without signaling, it can lead to rear-end collisions. The driver behind may not have enough time to react to the unexpected maneuver, resulting in a crash.
Intersections pose various risks for drivers. Stay vigilant, drive responsibly and reduce the common dangers posed by other drivers at these critical junctions.
]]>The repercussions of such accidents extend far beyond the visible damage.
When a truck collides with another vehicle, the immediate aftermath is often full of chaos and shock. The sheer force of such an impact can evoke a sense of helplessness and vulnerability, as individuals find themselves thrust into a sudden and violent event.
Experiencing this destruction can imprint haunting images on the mind that create massive amounts of stress.
In the wake of a truck crash, survivors often grapple with intrusive thoughts that replay the horrifying moments leading up to and during the collision. Nightmares become a recurring ordeal, with the subconscious mind unable to escape the clutches of the traumatic memories, perpetuating the cycle of mental distress.
These distressing flashbacks can occur unexpectedly, such as the sound of a horn or the sight of a similar vehicle on the road. With 902,000 truckers in America as of 2020, the chances of seeing another truck on the road and facing memories of the incident while traveling could be high.
The aftermath of a truck crash can cultivate a heightened state of arousal and anxiety among survivors. The mere act of stepping into a vehicle or navigating through traffic can become a daunting task, with the fear of another catastrophic collision looming large.
Hyperarousal, marked by increased heart rate, hypervigilance and a persistent sense of dread, transforms routine activities into anxiety-inducing endeavors and impacts the individual’s quality of life.
Survivors often find themselves withdrawing from social interactions. The emotional toll of the crash can create a barrier between the affected individuals and their support networks, as they struggle to articulate the depth of their suffering.
People may overlook mental trauma after a truck crash. Recovering is not only about physical healing but also making a concerted effort to address the psychological scars left by this traumatic event.
]]>This is where a wrongful death suit comes into play. A court awards different kinds of compensation, including the monetary value of the decedent. Additional damages may also include costs stemming from the care of the decedent prior to death.
The expenses of the hospitalization of a loved one can be hard to bear, both because the medical care could not save your relative and because the costs might have been expensive. According to the National Highway Traffic Safety Administration, medical costs for fatal car crashes can amount to $15,000 on average.
Fortunately, North Carolina law can ensure that you do not bear the brunt of these leftover expenses. Your wrongful death compensation may include all the costs for the treatment, care and hospital time of your family member.
The initial aftermath of a serious accident can be painful for the crash patient. In spite of the efforts of doctors and other health workers, some patients suffer greatly before dying. This is why the state wrongful death law includes a provision to award damages based on the pain and suffering of the decedent.
The existence of these options may be a small comfort during a horrible loss, but then can at least provide a measure of justice.
]]>According to the National Transportation Safety Board, at least 2,000 crashes result from blowouts yearly. Awareness of what causes tire blowouts helps prevent these potentially tragic incidents.
One of the primary conditions leading to a blowout is underinflation. When tires lack the proper air pressure, they tend to overheat and weaken. These tires are more susceptible to damage from potholes or debris since they have less cushioning to absorb impacts. Regularly checking and maintaining the correct tire pressure is a sensible safety measure.
Overloading a vehicle beyond its recommended weight capacity stresses tires. When tires strain under excessive weight, it leads to extra friction and heat buildup, making blowouts more likely.
Over time, tire treads thin due to regular driving. Additionally, punctures or cuts from debris, such as shards of glass, may weaken the outer layer. Replacing at-risk tires can avert a disaster.
Driving at excessive speeds generates more heat within tires due to greater friction with the road. This may cause the internal components to weaken and eventually fail. Staying under the speed limit improves fuel efficiency and reduces the risk.
Tires have a limited lifespan, regardless of tread depth. Rubber compounds degrade over time, making them less flexible and more prone to cracks. It’s advisable to replace tires that are more than six years old, even if they appear to be in good condition.
Tire blowouts are a prime cause of accidents, occasionally ending in personal injuries. Fortunately, every motorist can play a role in reducing the likelihood of such ruptures.
]]>In the time after a car accident, you may notice serious changes in how you act and think. Paying attention to the ways your personality traits and interactions with others shift can help you.
Your personality is your unique characteristics, behaviors and emotional responses. A TBI can trigger differences in these traits.
With over 1.7 million Americans suffering from a TBI, learning about these changes is important for anyone after a crash. These differences come from the impact of the injury on different regions of the brain that control personality.
A TBI can bring about emotional changes you never experienced before. You may struggle with mood swings, finding it challenging to control your emotions.
For instance, if you were once even-tempered, you might experience sudden moments of anger or sadness. These emotional shifts can affect how you connect with others, making interactions unpredictable.
You could also struggle with impulse control, which could lead to rude remarks or actions. Your ability to notice social cues might go away, making it difficult to respond appropriately in conversations.
After a car accident and traumatic brain injury, you might find it tough to express yourself, experiencing difficulties in finding the right words or organizing your thoughts. This can lead to frustration for both you and other people.
Acknowledging these changes in your life and getting the support you need can help you in the time after an accident.
]]>As technology continues to evolve, the debate around the safety of infotainment screens grows. While manufacturers design these systems to be user-friendly and less distracting, concerns linger that they might contribute to an increase in accidents on the road.
Infotainment screens attract many drivers because they offer a wide range of functions in one place. You can control your music, take phone calls and even browse the internet in some cases, all without taking your hands off the wheel. But does this convenience lead to complacency?
The main concern with infotainment screens is the potential distraction they create. Even though you can interact with these screens without physically holding a device, they still require visual and cognitive attention. Glancing down at a screen to change a song or input a new destination into the navigation system takes your eyes off the road, and that split second can be critical.
Young drivers may be more susceptible to the distractions caused by infotainment screens. Growing up in a digital age, younger individuals often multitask with technology and this behavior may carry over into the driving experience. The novelty and complexity of interacting with an infotainment screen may divert attention from the essential task of driving safely.
Some studies conducted by Smith System Driver Training have indicated a connection between infotainment screens and driver distraction. Research shows that performing tasks on these screens can increase the time drivers spend with their eyes off the road. This added distraction can contribute to slower reaction times and an increase in near-miss events.
Manufacturers know the concerns surrounding infotainment screens and work continually to make them safer. Voice control, simplified interfaces and lock-out features that restrict access to certain functions while driving are all measures to minimize distraction. Following the guidelines provided by the car’s manufacturer and using the system responsibly can help mitigate the risks.
Infotainment screens are a common feature in modern vehicles, providing convenience and entertainment. However, you cannot overlook the potential for distraction. Being mindful of how and when you interact with the infotainment system, and understanding its features and limitations, can allow you to enjoy the benefits of this technology without compromising safety.
]]>If you find yourself in this unfortunate situation, you might be in shock and unsure of the next steps to take. In the midst of panic and confusion, having a clear plan of action can be a lifesaver.
First and foremost, check yourself and any passengers for injuries. If you can do so safely, move your vehicle out of the flow of traffic to avoid further accidents. If you cannot move the vehicle, stay inside with your seatbelt fastened until help arrives. Call emergency services right away, as immediate medical attention may be necessary, even if injuries are not apparent.
Once you have ensured everyone’s safety, call the police. They will file an accident report, which can be essential later on. Provide an accurate account of what happened, but avoid admitting fault or placing blame at the scene. The police will conduct their investigation to determine the cause of the accident.
While waiting for the police, if you can do so safely, gather information from the other driver. This information should include the driver’s name, contact information, license number and insurance details. If there are any witnesses, try to get their contact information as well. Take photos of the scene, including damage to both vehicles, skid marks, traffic signs and any other relevant details.
Even if you feel fine, seeing a healthcare provider as soon as possible after the accident is important. Some injuries might not show symptoms immediately but could have long-term effects if left untreated. A healthcare provider will assess your condition and document any injuries related to the accident.
Contact your insurance company to report the accident. Provide them with the information you gathered at the scene, and follow their instructions on filing a claim.
Being involved in an accident with a tractor-trailer can be an overwhelming experience. Your actions in the immediate aftermath of the collision can significantly impact your recovery and the resolution of any related issues. Being informed and prepared can make a difficult experience more manageable.
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