Personal Injury
If you or a loved one was involved in a truck accident in North Carolina, knowing the steps to file a truck accident claim is crucial. Figuring out what to do can be confusing and stressful, especially when recovering from injuries.
If you need assistance with pursuing a claim, Mehta & McConnell, PLLC, stands ready to help. Contact our office to schedule a free, no-obligation consultation. In the meantime, please read on to learn more about truck accident claims in North Carolina.
Understand Your Rights and Responsibilities
Accident victims may be unsure of their legal rights and responsibilities. In North Carolina, individuals involved in truck accidents have the right to seek compensation for their injuries, property damage, and other losses. However, they are also responsible for filing a claim within North Carolina’s statute of limitations, underscoring the importance of promptly acting.
Seek Medical Attention Immediately
Your health is the top priority. Even if you believe your injuries are minor, seeing a doctor as soon as possible is critical. Some injuries might not show symptoms immediately but could have long-term effects. Medical records will also serve as essential evidence in your truck accident claim. Failure to seek medical treatment timely could impact your personal injury claim.
Gather Evidence
Collect as much evidence as you can at the accident scene. This evidence includes photos of the vehicles, your injuries, and any skid marks or debris. Try to get pictures of the surrounding area, especially if you think anything is relevant to your case. Also, gather contact information from witnesses, as their testimonies can support your claim.
After you seek medical treatment, you’ll need copies of your medical records and bills to support your case.
Notify the Truck Driver’s Insurance
Initially, you’ll need to notify the at-fault party’s insurance company. Be prepared to provide details about the accident and your injuries. It’s crucial to remember that these insurance adjusters are not on your side. Their goal is to minimize the company’s payout. Therefore, refrain from providing any statements or signing documents without legal advice.
Consult with a North Carolina Truck Accident Lawyer
Before proceeding further, consult a knowledgeable attorney with experience handling truck accident claims. Mehta & McConnell, PLLC can offer invaluable guidance and protect your rights throughout the claims process.
Prove Liability
Proving liability is the cornerstone of any truck accident claim in North Carolina. It involves establishing that the truck driver or their employer acted negligently and that this negligence was the direct cause of your injuries. Critical evidence can include police reports, the driver’s logbook, vehicle maintenance records, eyewitness statements, and accident reconstruction reports.
Negotiating with Insurance Companies
Once you’re ready to issue a demand for payment, you will need to negotiate with the other insurance company. If you have a lawyer representing you, they will handle all communications and negotiations.
Understandably, many people want to know, How long does it take a claim to process? However, there is no average timeframe. That’s because every case is different. We might be able to negotiate a settlement within several weeks in some cases, while others require filing a lawsuit.
In many cases, truck accident claims are settled out of court. Settlement offers a quicker resolution and guaranteed compensation. However, litigation might be the best option if the offer is insufficient to cover your losses. Mehta & McConnell will advise you on the best course of action, aiming to secure the maximum compensation possible.
The Litigation Process
When settlement negotiations break down, the next step is to proceed to litigation. Litigation begins with filing a truck accident lawsuit. Once the lawsuit is filed and the other party has filed its response, the case moves into the discovery phase.
In this phase, both parties exchange evidence and conduct depositions. Pre-trial motions and mediation may also occur as both sides prepare for the possibility of a trial. If the case goes to trial, both parties will present their evidence and arguments, and a judge or jury will decide on liability and damages.
Possible Truck Driver Defenses
When filing a truck accident claim and lawsuit, anticipate possible defenses from the driver or employer. Common defenses include claiming the accident was due to unforeseeable circumstances, such as severe weather, or arguing that your negligence contributed to the accident. They might also assert that mechanical failure, outside their control, was the cause.
Fortunately, the lawyers at Mehta & McConnell, PLLC are adept at countering these defenses by conducting a thorough investigation, gathering concrete evidence, and demonstrating how the truck driver’s actions or negligence directly led to your injuries.
Contact Mehta & McConnell, PLLC
Filing a truck accident claim in North Carolina requires a thorough understanding of the legal process, a strategic approach to gathering evidence, and the support of experienced legal professionals. When you need a truck accident lawyer in North Carolina, Mehta & McConnell stands ready to help.
Our legal team is committed to guiding you through every step of the process. We have over 30 years of combined legal experience handling complex personal injury matters. As former defense attorneys, we know how trucking companies and insurers think and act. Understanding how these companies work helps us secure the best results for our clients.
Remember, each step you take after a truck accident can impact the outcome of your claim. Act swiftly, prioritize your health, and seek professional legal advice. Your path to recovery and justice starts with understanding your rights and taking informed, decisive action. Contact us today to schedule a consultation.
Jason McConnell
Jason McConnell is the managing attorney of Mehta & McConnell Injury Lawyers, a Charlotte, North Carolina Workers’ Compensation law firm. In his free time he enjoys playing golf, cooking, traveling and following the UNC Tar Heels and Carolina Panthers.
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