Truck Accident Attorney in Charlotte

To determine whether another party committed one or more acts of negligence, the best truck accident lawyers in Charlotte, North Carolina determine the cause of a crash. Truck drivers face many of the same operating challenges faced by passenger vehicle drivers, including fatigue, distraction, and reckless driving.

Fatigue

Truck drivers must follow the strict safety guidelines established by state and federal laws. One federal law regulates how much time a truck driver can spend each 24-hour period operating a big rig. The reason for the restrictions on the time driving a semi-tractor trailer is to prevent the onset of fatigue. Nonetheless, some truck drivers work around the federal regulations that restrict how many hours per workday a truck driver can operate a big rig.
The result is the violators develop fatigue, which can lead to a driver causing an accident.

Distractions

Cell phones distract truck drivers the same way electronic devices distract the operators of passenger vehicles. Between receiving phone calls and sending text messages, truck drivers become distracted while operating a massive rig full of cargo. The result is a lack of reaction time when a truck driver must respond quickly to an approaching traffic issue. In addition to the typical driving distractions, truck drivers also have to monitor weather reports, as well as communicate with a logistics center to receive traffic updates for upcoming stretches of highway.

Reckless Driving

Despite state and federal laws, truck drivers have earned the reputation for being risk takers while operating 18-wheelers. Speeding, passing another vehicle and making sharp turns exemplify the risks that some truck drivers take to stay on or get ahead of schedule. Some truck drivers also make risky decisions, especially when it concerns whether to continue driving in bad weather conditions. From a snowy mountain pass in the Great Smoky Mountains to the high winds blowing in from an Atlantic Ocean Tropical storm, far too many truck drivers sacrifice safety for reckless decisions.

One of the most important reasons to hire one of the experienced truck accident lawyers in Charlotte, NC from Morgan and Morgan is to ensure you file a civil lawsuit before the expiration of the statute of limitations. Each state has set a deadline for plaintiffs to file the proper documents to initiate legal action. Most states have established statutes of limitations between two and four years. However, a few states go as high as six years and as low as one year to file a civil lawsuit that seeks monetary damages. North Carolina gives plaintiffs three years to file the right paperwork to initiate legal action. The clock starts ticking on a truck accident lawsuit on the day of the incident.

Three years represents plenty of time to file a civil lawsuit that includes the submission of persuasive physical evidence. When you meet with one of the highly-rated truck accident lawyers at Morgan and Morgan, you can expect the attorney to recommend acting with a sense of urgency when filing a civil lawsuit. Your lawyer wants to interview witnesses as close to the date of the truck accident as possible. Witnesses provide more accurate accounts of what happened before, during, and after a truck accident right after the accident took place. You also should file a civil lawsuit shortly after a truck accident to speed up the compensation process. Rapidly rising medical bills, as well as lost wages, can put you in a deep financial hole.

If you fail to file a civil lawsuit before the end of three years, you can expect the court clerk processing your lawsuit to dismiss it.

At the heart of every civil lawsuit seeking monetary damages is the legal requirement to prove the presence of the four elements of negligence.

Duty of Care

The operators of motor vehicles assume a duty of care to operate their vehicles in the safest manner possible. This is particularly true for truck drivers that operate rigs that weigh up to five times more than standard passenger vehicles. Proving the presence of the duty of care doctrine is relatively easy to do because the judicial system requires all vehicle operators to drive with the safety of other drivers and passengers in mind.

A Breach of the Duty of Care Doctrine

A truck driver assumes a duty of care while operating an 18-wheeler, but that does not mean the truck driver follows all the safety rules of the road. For example, a truck driver who takes risks behind the wheel of a big rig has breached the duty of care doctrine, regardless of whether the truck driver gets involved in a crash. The key for the best truck accident lawyers in Charlotte, NC is to discover physical evidence that demonstrates a truck driver breached the duty of care doctrine. Physical evidence can include video footage and photos of the accident scene.

Causes Your Injuries

Just because you collide with a truck does not mean the incident caused you harm. The third element of proving negligence requires the attorney you work with from Morgan and Morgan to link your injuries with the actions taken by a truck driver. Attorneys representing defendants in truck accident cases look for a way to connect a plaintiff’s injuries with another incident. For example, the lawyer representing the truck driver who hit your vehicle might claim the injuries you sustained came from another type of accident, such as a recent slip and fall.

Generates Financial Losses

You must show the judge hearing your case that the injuries sustained from a truck accident generated financial losses. The most effective way to show financial losses is by submitting copies of properly dated medical bills that coincide with the date of the truck accident. Submitting copies of bank statements can demonstrate lost wages. Experienced truck accident lawyers in Charlotte, NC prevent the opposing litigator from claiming no evidence of financial losses by submitting convincing evidence with the filing of the civil lawsuit.

Getting the compensation that you deserve is the priority of the Morgan and Morgan attorney who represents you during a truck accident lawsuit. Most personal injury cases involve the awarding of three types of monetary damages. A civil court judge can award a less common type of monetary damages called wrongful death damages if a case involves one or more fatalities.

Economic Damages

Also referred to as special compensatory damages, economic damages cover tangible costs, such as medical bills, lost wages, and repairs to property damage. Medical expenses include diagnostic tests, treatment programs, and physical therapy sessions. You also should receive compensation to cover the costs associated with prescription medications. Your attorney requests compensation for vehicle repairs, as well as the replacement value of any electronic devices ruled a total loss.

Non-Economic Damages

Because of the lack of tangible expenses, non-economic damages can be more difficult to prove. The most common type of non-economic damages concerns pain and suffering. Enduring the aftermath of a truck accident can trigger emotional distress symptoms like fear and anxiety. You might have difficulty getting behind the wheel of a motor vehicle, which can place a significant burden on your career. The best truck accident lawyers in Charlotte, NC calculate non-economic damages by using an equation that includes factoring in the value of economic damages.

Punitive Damages

Judges and juries do not award punitive damages to help a plaintiff pay for tangible expenses. Instead, punitive damages punish a defendant for committing one or more acts of negligence. Punitive damages also act as a deterrent to discourage a truck driver from committing the same type of negligence again. In some cases, punitive damages can be valued higher than economic damages.

Get one of the best truck accident lawyers in Charlotte, North Carolina on your side by scheduling a free case evaluation today with a personal injury attorney from Morgan and Morgan.