Being involved in an accident with a truck can be overwhelming and life-altering. At Shipman & Wright, 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 us today for a free consultation and let us take the weight off your shoulders by filling out our online form or calling (910) 762-1990.
Why Choose Shipman & Wright to Help You?
Seeking the assistance of a Wilmington truck accident lawyer can significantly impact the outcome of your truck accident case. Here’s how Shipman & Wright can help:
- Case evaluation: We will review your case for free to determine the best course of action.
- Negotiations: Our truck accident 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 attorney in Wilmington lies in their commitment to securing the compensation accident victims deserve.
Common Causes of 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
Please keep in mind that this is not an all-extensive list. If you don’t see your accident type on here, please don’t hesitate to still reach out and 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.
Potential Compensation in a Wilmington, NC Truck Accident
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. Common injuries include spinal cord injuries and brain 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.
How Does Contributory Negligence Work in North Carolina?
North Carolina’s strict contributory negligence law means that if a plaintiff is found even slightly at fault, they may be barred from recovering any compensation under N.C. Gen. Stat. § 1-139. 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.
Time Limit For Filing 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.
While the statute of limitations applies to lawsuits, an insurance claim should be initiated as soon as possible after the accident to ensure the best chance of a favorable outcome. Prompt action is crucial in truck accident cases to preserve evidence and ensure your injury claim is filed within the legal timeframe.
What 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.”
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.”
Jessica Varner | Google Review
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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 accident lawyers at Shipman & Wright 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