Durham Trucking Accident Lawyers

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FAQs for a Durham Trucking Accident Lawyer

What Should I Do After a Trucking  Accident in Durham, NC?

After a trucking accident, first it is important to make sure everyone is safe.  Next, you should contact the police and other emergency personnel (if needed).  It is important to get police to the scene to document the accident and injuries.  If possible, don’t move your car because car positioning is important for determining fault.  Once you’ve ensured that you’re safe and not in danger of additional injury, it’s important to take pictures and document everything you can about the accident.  That includes getting the names and phone numbers of witnesses if possible.  You should also contact a Durham trucking accident lawyer as soon as you can.

What Should I NOT Do After a Trucking Accident in Durham, NC?

The worst things you can do after a serious trucking accident are 1) moving your vehicle; 2) contacting the police police;  3) not getting the other driver’s information; and 4) not taking pictures.  There’s only one chance to gather this information and evidence before it is lost.  But if you’re severely injured, you might not have the opportunity.  That’s why you should contact a Durham trucking accident lawyer as soon as possible.   

Should I Talk to the Insurance Company After a Durham Trucking Accident?

Talking to the insurance company after a trucking accident can be dangerous, even if the adjuster seems well-meaing.  Remember that the insurance adjuster is not interested in the truth or just “getting your side” of the events.  The insurance carrier is looking for some reason – ANY REASON – to deny your claim.  That is especially true when the insurance carrier wants to conduct an Examination Under Oath or recorded statement.  Other than releasing your vehicle to the insurance carrier so they can safely store your vehicle while the claim is negotiated, we recommend not speaking with the insurance company without talking to a trucking lawyer first.    

What Is the Statute of Limitations for Durham Trucking Accidents?

For trucking accident claims in Durham, NC, you have three (3) years from the date of the accident in order to file a claim against the at-fault party.  Children under the age of 18 may have a longer deadline.  If a death is involved, you typically have a smaller window (two (2) years).  Failing to file a claim on time is the #1 reason that cases get dismissed, so it is important to talk to a lawyer as soon as possible following an accident.

How Much Is the Average Settlement for a Trucking Accident in Durham, NC?

Every Durham trucking accident is different so determining the “average” settlement for trucking accident claims isn’t possible or even necessarily helpful.  Be skeptical if other lawyers or law firms talk about “average” settlements because that means they are handling a volume of claims and not assessing each claim closely.  However, the factors that affect how much money you could receive in a trucking accident settlement include:

• The severity of the injuries
• The amount of insurance (coverage) the commercial driver and trucking company has
• Who is at-fault
• If you suffered any permanent disability or scarring

Fortunately, commercial trucking companies typically carry large insurance policies with millions of dollars of insurance coverage.  Additionally, commercial trucking claims tend to settle for more money on a whole than personal auto cases (for the same injuries).

How Do Insurance Policy Limits Affect My Durham Trucking Accident Claim?

The amount of insurance coverage the at-fault driver has can affect the amount of compensation injured parties could receive after a trucking or commercial vehicle accident. Trucking companies typically carry large insurance policies (millions of dollars), which is good news.  However, the injuries and harms caused by commercial vehicle accidents still may threaten to exhaust all of the insurance coverage those companies have available.  These cases usually require millions of dollars in damages to be paid to the victims, so a good Durham trucking lawyer should understand insurance coverage, excess policies, and excess layers of coverage.

Which Driver Is Liable for Trucking Accident Claims in Durham, NC?

Determining who is responsible, at-fault, or liable (all used interchangeably) for a Durham trucking accident can be difficult.  But there are some general rules of thumb.  If the commercial truck rear-ends you, the truck driver is typically at-fault.  Similarly, when truck drivers run a red light or stop sign, they are typically at-fault.  The same is true for truck drivers driving while intoxicated or impaired.  If the truck driver hits a pedestrian in a crosswalk, the trucking company is typically at-fault.  And as long as the truck driver was employed at the time of the accident, the trucking company they work for should also be held responsible (through a legal theory called respondeat superior).  An experienced truck accident lawyer can assess your situation.

How Does an Insurance Company Determine Who Is At-Fault in a Trucking Accident in Durham, NC?

First, insurance companies do not get to decide who is responsible for a trucking accident.  Insurance companies are not the authority on who is or is not at-fault because insurance companies have a financial interest in not paying claims, and they will frequently deny claims simply to avoid having to pay them.  Our Durham trucking accident lawyers routinely represent clients in claims where the insurance carrier has improperly denied liability or made low-ball offers based on questionable liability positions.  It’s important to talk to an experienced trucking lawyer first.

What Is Contributory Negligence in Durham Trucking Accident Claims?

Contributory negligence is a law in North Carolina that prohibits drivers from recovering damages for injuries they suffered in a commercial trucking accident if the injured driver was responsible for causing the accident.  This is true even if the injured driver is just a little at-fault.  The law is very unfair and very outdated (only three (3) states still follow it), but good Durham trucking accident lawyers understand how to respond and, if possible, defeat contributory negligence arguments.

How Does Contributory Negligence Affect My Durham Trucking Accident Claim?

Insurance companies absolutely love contributory negligence laws because they give insurance companies the excuse to deny otherwise valid claims if there is any plausible scenario where the injured driver might be partially at-fault.  That is true even for commercial trucking claims.  So the threat of contributory negligence may slow down your claim if the insurance carrier wants to hide behind that defense to avoid paying your claim.  However, contributory negligence must be proven by the insurance carrier, which requires evidence and witness testimony like any other claim.  Sometimes that just means a lawsuit has to be filed to move the case forward. 

How Is Pain and Suffering Calculated for Tractor-Trailer Accident Claims in Durham, NC?

There is no exact formula or methodology for calculating pain and suffering in North Carolina.  It also differs person to person.  A back injury could be catastrophic to one victim, but that same injury could be less consequential to someone else.  But there are rules of thumb that lawyers and insurance carriers often follow for standard trucking accidents.  Typically, an insurance carrier will offer 1-2x the total amount of medical expenses in a case to account for the injured party’s pain and suffering.  That number increases if there is a head injury and may be more like 5-6x the total medical expenses if the accident causes permanent disability or disfigurement.  But every trucking and tractor-trailer accident is different.

How Do I Get Pain and Suffering Damages for Durham Trucking Accident Claims?

Nearly every Durham trucking accident settlement or jury award is going to include some amount for pain and suffering.  In many cases, pain and suffering is the largest component of damages.  The amount of pain and suffering from a trucking accident is typically where most negotiating takes place when trying to resolve your trucking accident claim.  In order to receive the full and fair amount of pain and suffering you deserve, you’ll need to hire an experience trucking accident attorney to help.   

Will the Insurance Company Pay for My Medical Bills After a Commercial Vehicle Accident in Durham, NC?

Yes, but it’s not an honest or good faith offer.  Insurance carriers will often offer to pay your medical bills after a Durham truck accident to prevent you from talking to a lawyer and trick you into a quick settlement.  In reality, you’re entitled to getting your medical care paid for and medical bills reimbursed but in addition to even more, like pain and suffering and lost wages.  A good Durham truck accident lawyer will help you collect the full amount of compensation you deserve following an accident.

How Long Will It Take to Settle My Durham Trucking Accident Claim?

Each case is different and so are the injuries you might suffer in an accident.  For most claims, the longest waiting period is the amount of time it takes for the injured victim to heal following the accident and to get a full picture of their medical needs (both now and in the future).  You only get one chance at settlement; you can’t come back and ask for more money in the future.  So it may take several months or, in rare instances, a year to complete your treatment following an accident.  But once medical treatment is completed, it takes an average of 4-6 months to settle your claim.

Will My Durham Trucking Accident Claim Go to Trial?

Very few cases (less than 2%) of filed civil cases, like trucking accident claims, go to trial.  The vast majority of cases settle either pre-suit (before a lawsuit is filed) or at some point during the litigation process (after a lawsuit is filed).

Do Any Durham Trucking Accident Lawyers Provide Free Consultations?

Yes, at Osborn Injury Lawyers, we always provide free consultations for potential clients.  While some law firms charge for consultations, our Durham trucking accident lawyers believe cost should not be a barrier to justice.