Being involved in an accident with a truck can be overwhelming and life-altering. At Shipman Wright & Moore, LLP, we understand the gravity of your situation. Our dedicated Wilmington truck accident lawyer is here to navigate the complexities of your truck accident claim and ensure you receive the justice and compensation you deserve.
Contact our car accident lawyers in Wilmington, NC today for a free consultation by filling out our online contact form or calling (910) 762-1990, and let us take the weight off your shoulders.
Why Choose The Wilmington Truck Accident Lawyers at Shipman Wright & Moore, LLP to Represent You?
Seeking the assistance of a Wilmington truck accident attorney can significantly impact the outcome of your truck accident case. Here’s how Shipman Wright & Moore, LLP can help:
- Case evaluation: We will review your case for free to determine the best course of action.
- Negotiations: Our truck injury attorneys in Wilmington are skilled at negotiating with insurance companies and insurance adjusters to ensure you receive fair compensation.
- Legal strategy: We will develop a tailored strategy to present the strongest case possible.
- Litigation: If necessary, we will be prepared to take your case to trial to fight for your rights.
- Peace of mind: Let us handle the legal details while you focus on your physical recovery.
The benefit of hiring an experienced truck accident lawyer in Wilmington lies in their commitment to securing the compensation accident victims deserve.
Common Causes of Wilmington Truck Accidents
A truck accident can happen for a variety of reasons, each bringing unique challenges to a personal injury legal claim in Wilmington. Some common causes include:
- Distracted driving
- Driver error
- Driver fatigue
- Faulty breaks
- FMCSA violations
- Impaired driving
- Improperly loaded cargo
- Lack of driver training
- Mechanical failures
- Poor truck maintenance
- Speeding
- Tire blowouts
Identifying the cause of a truck accident is a critical first step in building a strong legal case.
Types of Truck Accident Cases We Take On in Wilmington
Truck accidents come in many forms, each with unique challenges and circumstances. Our team is experienced in handling a wide range of truck accident cases, including but not limited to the following:
- Amazon delivery truck accidents
- Box truck accidents
- Cement mixer truck accidents
- Dump truck accidents
- FedEx truck accidents
- Flatbed truck accidents
- Garbage truck accidents
- Livestock transport truck accidents
- Moving truck accidents
- Refrigerated truck accidents
- Tanker truck accidents
- Tow truck accidents
- UPS truck accidents
- USPS truck accidents
Please keep in mind that this is not a comprehensive list. If you don’t see your specific accident listed above, don’t hesitate to still reach out to us to discuss your case.
Who Can Be Held Liable in a Wilmington Truck Accident?
In North Carolina, establishing liability in truck accident cases involves proving negligence. Any of the following may be held liable depending on the circumstance:
- Cargo loader: Improperly loaded or secured cargo can shift during transit, causing the truck to become unstable or the cargo to spill onto the roadway. This can lead to accidents where the loader may bear responsibility.
- Truck company: Sometimes, trucking companies can be held liable due to inadequate training or failure to follow safety regulations.
- Truck driver: If the truck driver was negligent and failed to adhere to the standards of care expected on the road they may be held responsible.
- Truck maintenance company: If a truck’s mechanical failure was due to improper maintenance, the maintenance company might be liable.
- Truck manufacturer: Defective parts, such as faulty brakes, tires, or steering components, can cause catastrophic accidents. In such cases, the truck or part manufacturer may be responsible for producing or distributing defective equipment.
- Truck owner: In situations where the truck is owned by a third party, such as a leasing company or an individual, the owner may be liable for failing to ensure the vehicle was properly maintained and safe for operation.
Understanding these aspects of liability is important for building a compelling case for compensation.
What Compensation Can I Receive After a Truck Accident in Wilmington?
The exact compensation you may be awarded will depend on the specifics of the accident and the extent of the injuries. Victims of truck crashes may be entitled to various forms of compensation to cover both economic and non-economic damages, including:
- Medical expenses: For immediate and ongoing healthcare needs related to your truck accident injuries.
- Lost wages: Compensation for income lost due to inability to work.
- Pain and suffering: Compensation for physical pain and emotional distress.
- Property damage: To cover the cost of repairing or replacing your vehicle.
- Loss of enjoyment of life: If the accident results in long-term limitations on your daily activities.
North Carolina’s Strict Contributory Negligence Rule
Contributory negligence is a law that bars personal injury plaintiffs from receiving any financial compensation for their losses if they are found to have contributed to their own injuries. If a plaintiff in North Carolina is allocated any amount of fault for the accident, even 1 percent, the pure contributory negligence law will prevent him or her from collecting financial compensation.
North Carolina is one of only four states in the country that still follow a strict contributory negligence rule. An insurance company can use this rule against you to try to avoid paying you a settlement for a truck accident in Wilmington. The best way to combat this defense and protect your right to recover compensation is to hire a truck accident attorney to represent you during the insurance process.
Proving Fault After a Truck Accident in Wilmington, NC
North Carolina’s contributory negligence law makes it imperative to prove that another party was at fault for your truck accident. Proving fault requires meeting the burden of proof, which is a “preponderance of the evidence,” or more likely to be true than not true. This requires evidence showing that the truck driver, a trucking company or another party caused the crash.
Most truck accident cases require proof of negligence, which has four parts:
- Duty of care: the defendant had a responsibility to act with the proper amount of care to prevent the truck accident from occurring.
- Breach of the duty of care: the defendant made an act or omission that did not meet the accepted standard of care, such as a truck driver driving carelessly.
- Truck accident causation: evidence shows that the breach of duty was the cause of the truck accident.
- Damages: the victim suffered losses because of the truck accident, such as physical injuries, medical bills and property damage.
Do not admit fault after a truck accident in Wilmington. Instead, contact an attorney right away to start building your claim against a trucking company or another party.
A truck accident lawyer in Wilmington, NC can help you gather evidence to prove fault, such as a truck’s black box, a police report, eyewitness statements, expert testimony, photographs and video footage.
Can I Still Receive Compensation If I Was Partially At-Fault For Causing the Truck Accident?
Under N.C. Gen. Stat. § 1-139, North Carolina’s strict contributory negligence law, if you are found even slightly at fault, you may be barred from recovering any compensation. This rule makes it critical to demonstrate that the defendant was entirely at fault for the accident.
Even a small percentage of fault assigned to the plaintiff can completely eliminate their ability to recover damages, highlighting the importance of meticulous evidence gathering and skilled legal representation, especially when navigating trucking laws in North Carolina.
How Long Do I Have to File a Truck Accident Claim in North Carolina?
In North Carolina, the law sets a clear time limit for filing a truck accident lawsuit—typically three years from the date of the accident (N.C. Gen. Stat. § 1-52). However, it is important to note that certain circumstances can extend or shorten this period. A Wilmington truck accident lawyer can help you understand the nuances and exceptions to the law.
What to Expect if You Have a Truck Accident Case in Wilmington, NC
A truck accident scene can be chaotic and overwhelming. Knowing what will most likely happen next can help you feel more grounded during this difficult time.
While every victim has a unique experience, North Carolina truck accidents often lead to the following:
- The trucking company responsible for the truck or driver will send a rapid response team to the scene to collect evidence and information.
- The police will arrive to document the scene and issue citations, if applicable. Paramedics will also come to the scene to provide emergency medical care.
- Once a Wilmington truck accident claim is filed, an initial investigation will be done by the insurance company to reconstruct the crash and determine who is at fault.
You can expect an insurance company to try to blame you for the accident or take advantage of you to protect its own profits. This is why it is critical to protect yourself by hiring a skilled Wilmington truck accident attorney from early on in your case.
What Do I Do if I Lost My Loved One in a Truck Accident?
If you’ve lost an immediate family member or loved one in a truck accident in North Carolina, you may have the right to file a wrongful death claim. North Carolina’s wrongful death laws allow family members to seek financial compensation if a loved one’s death is caused by another party’s “wrongful act, neglect, or default”. Our wrongful death lawyer in Wilmington can help you discuss your legal options.
What Our Client Had To Say
“I was stuck in a difficult situation recently and had the pleasure of working with Jennifer and Jillian. These strong women helped me feel empowered and turned my negative situation around so I could move forward. I received prompt responses and I felt confident I was in good hands. I’m extremely grateful for their help and I highly recommend this firm to assist with your legal matters.”
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Contact Our Wilmington Truck Accident Attorney Today
If you or a loved one has been involved in a truck accident in Wilmington, do not navigate this challenging time alone. The skilled Wilmington truck crash attorneys at Shipman Wright & Moore, LLP are ready to offer you the support, guidance, and representation you need to secure the justice and compensation you deserve. Reach out to our law firm today for a free consultation by filling out our online form or calling (910) 762-1990.
Visit Our Office
575 Military Cutoff Road
Suite 106
Wilmington, NC 28405
(910) 762-1990