What to Do After a Car Accident in Charlotte: A Comprehensive Guide

What to Do After a Car Accident in Charlotte: A Comprehensive Guide

What to Do After a Car Accident in Charlotte: A Comprehensive Guide

Car accidents are unfortunately common occurrences on roads all over the world, and Charlotte, NC is no exception. They can be incredibly stressful and traumatic events, leaving you feeling disoriented and unsure of what to do next. If you are involved in a car accident, you must know what to do to ensure your safety and protect your legal rights. As a leading personal injury law firm in Charlotte, Schwaba Law has put together this comprehensive guide to help you through the steps you need to take immediately after a car accident in Charlotte.

Stay Calm and Check for Injuries

The first thing you should do after a car accident in Charlotte is to stay calm and check for injuries. If you or anyone else involved in the accident is injured, call 911 immediately. Even if you do not feel any pain or discomfort, it is still essential to get medical attention as some injuries may not be apparent right away.

Move to a Safe Location

If the accident is minor and there are no injuries, move your vehicle to a safe location, such as the side of the road. Turn on your hazard lights to signal other drivers to slow down and proceed with caution. This will help avoid further accidents and keep you and other drivers safe.

Call the Police

Regardless of the severity of the accident, you should call the police. They will create an accident report, which can be crucial if you need to file an insurance claim or pursue legal action.

Provide Accurate Information

When the police arrive, provide them with accurate information about the accident, including the location, the number of vehicles involved, and any injuries. If you can, take pictures of the accident scene, including the damage to the vehicles and any injuries.

Exchange Information

Exchange information with the other driver(s) involved in the accident, including their name, address, phone number, driver’s license number, license plate number, and insurance information.

Avoid Admitting Fault

It is crucial to avoid admitting fault, even if you believe that you caused the accident. Admitting fault can hurt your chances of receiving compensation for any damages or injuries sustained during the accident.

Document the Scene

Take photos of the accident scene, including the location, road conditions, and any skid marks or debris. This documentation can be useful when filing an insurance claim.

If there were any witnesses to the accident, get their names and contact information. They may be able to provide valuable information to support your claim.

Contact Your Insurance Company

Contact your insurance company as soon as possible after the accident. They will guide you through the process of filing a claim and explain what information you need to provide.

Consult with an Attorney

If you suffered serious injuries or your vehicle sustained significant damage, you may want to consult with an attorney who specializes in car accidents. The team at Schwaba Law can help you navigate the legal process and ensure that you receive the compensation you deserve.



Q: Should I move my car after an accident in Charlotte?

A: If the accident is minor and there are no injuries, move your vehicle to a safe location, such as the side of the road. This will help avoid further accidents and keep you and other drivers safe.

Q: Do I need to call the police after a car accident in Charlotte?

A: Regardless of the severity of the accident, you should call the police. They will create an accident report, which can be crucial if you need to file an insurance claim or pursue legal action.

Q: Should I admit fault after a car accident in Charlotte?

A: It is crucial to avoid admitting fault, even if you believe that you caused the accident. Admitting fault can hurt your chances of receiving compensation for any damages or injuries sustained during the accident.

Being involved in a car accident in Charlotte can be a traumatic experience, but you don’t have to go through it alone. Schwaba Law is here to help guide you through the process of protecting your legal rights and ensuring your safety. With years of experience handling personal injury cases, our team of dedicated lawyers can assist you in navigating the complex legal system and obtaining the compensation you deserve. Don’t wait any longer, call us today for a free consultation and take the first step towards securing your future.

How to Initiate a Defective Product Claim or Lawsuit

How to Initiate a Defective Product Claim or Lawsuit

If you recently suffered injuries or other damages due to a defective product, you may be able to secure compensation for your losses by filing a defective product claim. It’s vital for all Americans to know their rights as consumers, and the legal protections in place to prevent manufacturers from releasing dangerous, ineffective, or exploitative products.

If you believe you have a defective product claim, it’s important to act quickly for the best chance at securing compensation for your damages.

To learn more about product liability lawsuits, and for free initial consultation, please call us at 855-SCHWABA.

Key Elements of a Product Liability Claim

Below are the elements you need to prove in order for your product liability claim to be successful:

  1. The Product Directly Caused Your Injury

In order to establish product liability claim or lawsuit you must prove that the product is directly linked to your injury. If you did not suffer an injury or suffer damages, you will not have a viable claim. It is not enough to say that you were almost injured. Without actual injury or other damages, you have no claim.

Obtaining your medical records showing the injury you suffered from using the product and a copy of accident report can help you build a strong case for pursuing fair compensation.

  1. The Product Is Defective

There are different types of defects that may result in a product liability case. Does your case fall within one of these categories?

Design Defect: A product with design defects contains a flaw in the design that makes the product unsafe. The product may contain a feature that makes it unsafe, or the product may lack a feature to make it safe for use or consumption. A design defect results in an entire product line being harmful to the user.

Manufacturing Defect: Manufacturing defect occurred during assembly or manufacturing, which made the product unsafe for its intended use. Manufacturing defects typically arise during a product’s production, diverging from the design that was intended by the manufacturer.

Lack of Warning: Manufacturer must provide warnings that are sufficient to prevent you from using the product improperly or in a way that leads to injury. However, just because warnings are provided in the labeling or the instruction documents does not mean they are sufficient.

  1. You Used the Product As Intended

If you used the product in a way that was not appropriate, you may not have a viable case. A product liability claim must be predicated on the fact that you used the product as it was originally intended to be used. This is because the manufacturer must be able to foresee that you could have been harmed by the product.

Manufacturers and other companies involved in the stream of commerce owe a duty to consumers to ensure that products are safe. If you were injured by a defective product, you may be entitled to compensation for the damages you suffered, including medical expenses, lost wages, and pain and suffering. However, product liability claims are often complex and require detailed proof of the defect to support your claim.

To learn whether you have a product liability case, it is important to speak to the product liability lawyers from Schwaba Law Firm in North Carolina and Wisconsin. Our team can thoroughly investigate your claim to determine if a product defect caused your injury. We provide a free, no-obligation consultation to discuss your rights.

Ways You Can File a Product Liability Claim

Ways You Can File a Product Liability Claim

You may file a product liability claim against a manufacturer in one of three ways.

  1. Breach of Warranty

Manufacturers typically present either express or implied assurances to you regarding the adequacy of their product. Express warranties usually arise as a result of manuals, pamphlets, or other materials that are affixed to the product itself or provided to you in the form of marketing/advertising documents or sales pitches. An implied warranty is unwritten and can arise when a product manufacturer and seller imply to you that a product being sold is fit for a particular purpose.

A breach of an express or implied warranty entitles you to pursue a claim for injuries and damages caused by that breach.

  1. Negligence

Claim of negligence arises when the manufacturer or someone else within the supply chain failed to act with reasonable care to ensure that the product was designed and produced with your safety in mind. An individual making a negligence claim must show that the manufacturer owed a duty to produce a safe product and acted in such a manner as to breach that duty and cause damages.

  1. Strict Liability

Strict liability makes a manufacturer liable for all injuries and damages caused by a defective product that is unreasonably hazardous to you or your property. All that is required to be shown in a strict liability claim is that the product was defective, that the defect existed when the product left the manufacturer’s facility, and that the defect caused injury and damages to you as a foreseeable user of the product.

See a Lawyer

In many cases, a product liability lawsuit has to be filed before an impending expiration date, known as the Statute of Limitations. It is critical, therefore, to please call our product liability law firm right away to ensure you are not waiving your rights to possible compensation.

Product liability claims are quite tough and require proof that the product was defective and you sustained an injury during the ordinary course of using the product. To prove your claim, you will need the help of an experienced product liability lawyer at Schwaba Law Firm.

We will thoroughly examine your situation and inform you of your rights. For a free, no-obligation consultation call us at 855-SCHWABA or contact us at ADMIN@SCHWABALAW.COM.

Product Liability Lawyer

Product Liability Lawyer

What To Do If You Suffered An Injury from Testosterone Therapy, Transvaginal Mesh, Allergan Breast Implants, Smith & Nephew Hip Implants, or Jack stands?

Product liability issues and litigation present a wide array of challenges to product manufacturers and sellers. These challenges range from loss prevention and risk management, through regulatory compliance and litigation, to public relations and even white collar criminal matters. Our product liability attorneys at Schwaba Law Firm in Charlotte, North Carolina have experience in the full range of these issues and are fully prepared to support clients faced with such challenges.

To learn more about our firm, product liability lawsuits, and your rights, please call us at 855-SCHWABA.

Testosterone Therapy Injury

Low testosterone treatments can result in injuries and other losses. Testosterone replacement therapy carries various risks. Men’s testosterone lawsuits typically claim that they experienced side effects such as heart attacks, strokes, blood clots, pulmonary embolism, and deep vein thrombosis after using the drugs. Most injuries occurred within 90 days of using the product.

You may wish to hire a product liability lawyer at Schwaba Law Firm if you’ve undergone testosterone therapy and have received injuries in connection with the treatment and defective products. A lawyer can investigate your situation to see if you have a claim. In addition, your lawyer will be able to assist you in filing your case and will be able to represent you during the trial process.

Transvaginal Mesh Injury

Schwaba Law Firm handles a wide range of transvaginal mesh device injury cases for patients and families. Transvaginal mesh is a medical product used to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI). Inserted vaginally, the surgical mesh is used to support and hold in place the urethra, cervix, and rectum to provide relief from SUI and POP. Through the years, transvaginal mesh has been linked to serious side effects and complications that can lead to pain, infection, and revision surgeries.

If you experienced serious side effects such as mesh erosion, infection, pain and discomfort, urinary problems, pop or sui recurrence, vaginal scarring, bowel, bladder and blood vessel perforation or required surgery to repair problems caused by transvaginal mesh, we may be able to help you. As injury attorneys, we recognize the signs of a defective or dangerous product and can work to get compensation for medical bills, lost earnings, and other losses you may have experienced.

Allergan Breast Implants Injury

In July of 2019, Allergan breast implants were recalled by the U.S. Food and Drug Administration (FDA) after they received several complaints from recipients who developed breast implant-associated anaplastic large cell lymphoma, an immune system cancer, because of certain components in the implants. Upon further investigation, the FDA learned that individuals with Allergan Natrelle BIOCELL textured implant products were approximately six times more likely to develop breast-implant anaplastic large cell lymphoma.

Product Injury

Were you harmed by a defective Allergan breast implant? If you or someone you love developed anaplastic large cell lymphoma, or another form of immune system cancer, after receiving an Allergan Natrelle BIOCELL textured breast implant, you may be eligible to seek legal recourse for the damage you’ve suffered.

Smith & Nephew Hip Implants Injury

Hip implants are often fruitful for individuals suffering from osteoarthritis. This condition causes the cartilage between the hip bones to progressively wear down, usually from injury or old age. This process causes the hip bones to make direct contact with each other and painfully rub together. People who are contemplating hip replacement surgery are often excited about the prospect of a new hip and returning to an active lifestyle again. However, many of those dreams have been vanquished by defective Smith & Nephew R3 and BHR hip devices.

If you or someone you love has suffered injuries as a result of hip replacement surgery involving a B3 or BHR hip device, you may be entitled to monetary compensation with the help of a skilled mass torts attorney. Our experienced lawyers at Schwaba Law Firm can review your case with you, as well as your medical treatment, and set about recovering the legal compensation you need and deserve.

Jack Stands Product Injury

Victims injured by a defective product can sue any company or person in the supply chain who brought the item to market. If a person was injured using one of these recalled jacks, the plaintiff can sue (1) manufacture, (2) Home Depot for selling it, (3) shipping companies for shipping it, and (4) any manufactures or suppliers who provided parts or expertise for making the product.

The plaintiff can sue all of these companies because it isn’t always immediately clear which company was responsible for the defect. It could be a defect in manufacture or design, or it could be damage that was incurred during transportation. The cause could also be a failure to include adequate warnings by the seller. Accordingly, products liability law, rather than putting the burden on plaintiffs, places companies’ burden to prove that they were not responsible. Therefore, the plaintiff can recover damages for injuries, and the companies fight amongst themselves to allocate ultimate responsibility.

See an Efficient and Effective Representation!

When you obtain counsel from Schwaba Law Firm in a product liability lawsuit in Charlotte, you can be assured that you will have the best representation available. You can also be confident that everyone from senior counsel to highly trained legal assistants will be employed strategically for the most cost-effective disposition of your matter.

The Schwaba Law Firm can provide the experienced, free initial consultation you need to pursue a claim. Submit a free online case evaluation form, call us at 855-SCHWABA or contact us at ADMIN@SCHWABALAW.COM.


Charlotte’s Best Truck Accident Lawyer

Charlotte’s Best Truck Accident Lawyer


You may be wondering if you have grounds to sue after an accident with a large truck that left you with injuries. In many cases, the answer is yes. But, you will want an experienced truck accident attorney to take the lead on your case and help you develop a winning legal strategy to recover compensation for all of your injuries, losses, and damages.

Large truck accidents can involve multiple liable parties, including the truck driver and the truck driver’s company. Determining liability is the most vital thing that a truck accident attorney can do in your case. If a truck driver loses control of their vehicle, they put everyone around them at a high risk of injury because of both the size and weight of their truck and their inability to quickly maneuver the rig to safety.

You have nothing to lose by contacting our office The Schwaba Law Firm at 855-SCHWABA or
aschwaba@schwabalaw.com, and discussing the details of your case. This can help you determine your next steps and course of action after you have been injured in a truck accident.

Potential Causes of Truck Accidents

Most trucking accidents are caused by driver error. In fact, truck driver error is ten times more likely to be the cause of trucking accidents than any other reason. Possible causes of truck accidents include:

  • Driver fatigue
  • Inattention, poor attention, or distraction
  • Drug and alcohol use, including prescription drug use
  • Violation of federal hours of service rules
  • Failure to check blind spots
  • Over speeding
  • Improper load distribution
  • Incorrect trailer attachment
  • Downshifting
  • Equipment or vehicle defects

What Should I Do After a Truck Accident?

What Should I Do After a Truck Accident

Stay on the scene: It’s important to stay on the scene after the crash. Leaving the scene, even if only property damage has occurred, without filing a report, can be a criminal offense. You should stay for the police to arrive so you can give your version of how the accident happened. If you were injured, getting prompt medical attention is the most important thing.

Get emergency medical service: It is best to wait for emergency medical service to arrive so you can be treated at the scene before being taken to a hospital. Make sure to describe all of your injuries and pains to emergency medical personnel and the police officers. If your vehicle has significant damage, you should remove personal property before it is towed away.

Gather evidences: You should get the names and phone numbers of any eyewitnesses and take photographs of all of the involved vehicles. This is valuable evidence. You can even take photos of the driver’s license and insurance card of the other driver to prevent any mistakes.



Who is Liable for a Commercial Truck Accident?

Determining liability in a truck accident can be complicated. There may be more than one cause or form of negligence that contributes to an accident, and it typically takes a complete investigation before we can find out who was really at fault.

For example, an incident where a truck driver collides with another driver may appear straightforward at first glance. But a deeper investigation could uncover other potentially responsible parties. Following are the potential parties that could be held liable in truck collision

The Truck Driver: Commercial truck drivers may be liable in an accident for many reasons. This can be the case if the driver consumed drugs or alcohol, broke traffic laws, was driving while drowsy or with certain health conditions, or was driving long hours in a single trip.

The Trucking Company: Liability can be assigned to trucking companies that carried out incomplete inspections, cut safety-related corners to increase delivery speed, or pushed drivers too far with unrealistic deadlines and expectations.

The Truck Owner: When the mechanical failure of a truck part is involved in an accident, it’s important for your lawyer to uncover any maintenance contracts between the trucking companies, the owner of the truck in question (if it’s not the trucking company), the cargo shipper, and the vehicle manufacturer. Typically, the vehicle’s owner is responsible for maintenance, and the owner may be a separate entity from the trucking company.

The Truck Manufacturer or Cargo Loader: In certain situations, liability may extend all the way to the manufacturer of a defective truck part. Defective parts can lead to tire blowouts, brake failure, and other critical failures. If experts determine that the failure of a part was caused by the manufacturer’s negligence, then it may be added as a party to the lawsuit.

Type of Compensation You Can Expect

Injuries resulting from an accident with a large truck can be lethal. If this describes your case, you are entitled to compensation to pay for your medical bills and expenses – both current and future. But that is not all. If you hire a personal injury attorney to represent you after an accident with a large truck, you can expect them to demand a settlement that covers:

  • Medical expenses: Current and future medical expenses that relate to the injury you sustained during the accident. This includes your emergency room visit, surgical costs, assistive devices, rehabilitation, and ongoing care.
  • Loss of earnings: You may be out of work for an extended period of time. You are entitled to the wages you lost as well as any future wages you will be missing due to your injury.
  • Non-economic damages: You have a right to compensation for the pain you experienced following the accident. Not all pain is physical. If you develop depression, anxiety, or PTSD after your accident, you deserve remuneration for these burdens, as well.

Contact Our Specialized Truck Accident Attorney

At The Schwaba Law Firm, we are dedicated to helping our clients get their deserved compensation in their trucking accident cases. For help in your case, contact our skilled and experienced truck accident lawyer today. To understand your legal options, our nationally-recognized legal team will provide the elite representation you need to come up against the trucking industry, we invite you to call our legal team to discuss your legal options.

It’s free to call, and you are under no obligation. Call now at 855-SCHWABA and get immediate free consultation.

Products Liability Lawyer

How a Products Liability Lawyer Can Help You?

Products liability arises when manufacturers, retailers, distributors, suppliers and others who make products available to the public are held accountable for the injuries those products cause.

To put it more simply, when a product causes injury because it was poorly designed, defective in manufacture, it is malfunctioned, or because it failed to live up to warranty claims about performance, the injured person may seek recovery against a range of defendants including all of whom played a role in placing the dangerous/defective product into the stream of commerce.

The victim has the right to file a product liability lawsuit to hold the manufacturer responsible, regardless of whether the injury was caused by a defectively designed, defectively manufactured, or defectively labeled product.

However, obtaining compensation in a product liability case can be daunting, as victims must show that they were using the product as directed, that the product was indeed defective, that they sustained injuries, and that the product’s defect was the direct cause of those injuries.

When you are injured by a product you deserve justice Contact at contact at 855-SCHWABA or aschwaba@schwabalaw.com to schedule an initial free consultation right away.

Federal Laws and Product Liability

Product liability claims involve a wide variety of consumer goods, from automobiles and washing machines, to prescription drugs and asbestos, from your food and clothing to lawn equipment and household appliances. The plaintiff must prove the manufacturer’s or seller’s negligence in order to be compensated for their injuries.

The three main legal theories for a product liability claim are:

Labeling defects: With their products, companies must include warning labels and instructions. Instructions must be clear and adequately explain the intended use of the item. Warning labels must include any possible risks or dangers of a product. Otherwise, consumers may unintentionally misuse the item, causing preventable injuries.

The consumer will need to show that the defect caused their injury. This means that they would not have been injured if the defect had not been present.

Design Defects: When product was designed poorly or not properly tested, in which case all the products will likely be defective and dangerous.

Poor Manufacturing: When the error or dangerous aspect is introduced during the making of the product. Often not all the products will be dangerous, just those with the problem caused during manufacturing.

Who can be held liable for defective products injury?

You must demonstrate not only that a product defect exists, but that it also directly caused your injury, in order to file a product liability lawsuit, Depending on the type of defect, you may be able to collect compensation from the negligent party or parties responsible for the flaw. Liability for a product defect could rest with any party in the product’s chain of distribution, such as:

  • The manufacturer;
  • The distributor;
  • A manufacturer of component parts;
  • A party that assembles or installs the product;
  • The wholesaler; and
  • The retail store that sold the product to the consumer.

For strict liability to apply, the sale of a product must be made in the regular course of the supplier’s business. Thus, someone who sells a product at a garage sale would probably not be liable in a product liability action.

What Does a Product Liability Lawyer Do?

If you bought a product that caused you to become sick or injured, consulting with a product liability lawyer can give you some insight into how strong of a case you have or whether you should take your case to court.

If you and your product liability lawyer can prove each element of your case, then you may receive compensation through an insurance settlement or a jury verdict in your case.

This compensation should cover your:

  • Medical Expenses
  • Lost Wages
  • Lost Earning Capacity
  • Physical Pain
  • Mental Anguish
  • Physical Limitations
  • Disfigurement
  • Property Damage

We service personal injury clients in, as well as many other areas throughout North Carolina and Michigan, including:

Contact Our Team for a Free Case Evaluation Today!

After any situation involving a dangerous or defective product, you should speak with an experienced attorney who will evaluate your case to ensure that your legal rights are fully assessed and protected. Not only can a product liability lawyer help level the playing field during negotiations or in the courtroom, he can also obtain expert witnesses such as scientists or doctors to testify on his client’s behalf if the case actually goes to trial.

An attorney can explain what you can expect at every step of your personal injury case, and will take action on your behalf — researching the law, interviewing witnesses, collecting records, conferring with expert consultants, planning legal strategy, and negotiating with insurers and opposing counsel — all with an eye toward strengthening your position and ensuring your fair recovery.

Seasoned product liability lawyers from the Schwaba Law Firm have been helping clients in Michigan, North Carolina and around the country. Give us a call at 855-SCHWABA or aschwaba@schwabalaw.com to learn what we can do for you.

What Should I Expect After a Car Accident?

What Should I Expect After a Car Accident?

You may find the days and weeks afterward particularly stressful, if you are involved in a car crash with another driver. You could be recovering from physical injury and mental trauma while also dealing with a range of third parties such as the police, insurance companies, and medical professionals. In times of stress, it can be challenging to think clearly and make the right decisions. After an accident, engaging personal injury attorneys at the Schwaba Law Firm to handle your case may alleviate pressure and help you navigate the case with a clearer mind

If you have been injured in an auto accident, or your life has been directly impacted by the loss of a loved one in a fatal accident, you may be entitled to monetary compensation. Don’t agree to a settlement, sign any papers, or even talk to your insurance company until you speak with your Charlotte auto accident lawyer.

Contact at 855-SCHWABA or aschwaba@schwabalaw.com and talk to a seasoned Charlotte car accident attorney for a free consultation immediately.

Steps to Take at the Scene of the Accident

After an accident, many motorists are understandably shaken up. However, after first ensuring that you and everyone else involved in the accident are okay, there are a few necessary steps you should take.

At the scene of the accident:

  1. Call emergency helpline: Call immediately health care emergency help line and report the auto accident to the Police Department.
  2. Record Information: For every driver, use your cell phone to capture name, phone number, driver’s license number, insurance information; and License plate information.
  3. Record Witnesses: Get names and phone numbers for any witnesses to the car accident.
  4. Get Immediate Medical Treatment – This should be completed as soon after the accident as possible. In order to recover compensation, you must prove that the injury you sustained was caused by the accident, which can be difficult if you delay getting medical treatment.
  5. Track Your Expenses – Because you will be requesting compensation for all the expenses that resulted from the accident, you will need to provide receipts and bills. This includes items like medical bills, property damage, lost wages, transportation costs, etc.
  6. Contact Car Accident Attorney: The sooner you involve an attorney, the sooner they can get to work gathering evidence and building your injury claim.

When it comes to receiving medical attention, don’t turn down help. Even if you believe you are not injured, you should be checked by any medical personnel at the scene. With adrenaline surging, most people do not feel the full impact of the crash, and injuries can sometimes take up to a week to appear.

When police officers arrive at the scene, they will ask about the accident. When answering these questions, you need to be calm and provide truthful answers. Again, it is helpful to be brief, honest, and straightforward.

What Compensation you can Expect as a Car Accident Victim

Every vehicle accident case is unique, with different damages and losses survivors suffer. Seeking an appropriate amount can increase the odds of securing a successful insurance settlement. A car accident lawyer can review your case and calculate a fair amount to claim. Then, we at the Schwaba Law Firm help you fight to obtain this amount or greater from an insurance company or another defendant .

  • Hospital bills and health care expenses
  • Temporary or permanent disability accommodations
  • Existing and future lost wages
  • Vehicle repairs or replacement
  • Physical pain and suffering
  • Lost enjoyment of life
  • Wrongful death damages
  • Punitive damages (considered punishment and are typically awarded at the court’s discretion)
  • Emotional distress
  • Mental anguish

Retain a seasoned personal injury attorney from our firm to help you fight for the recovery you need to move forward in comfort and confidence. We can estimate the reasonable value of your case during a free initial consultation.

Contact Car Accident Attorney before You Contact the Insurance Company

Before you talk to the insurance company adjuster, protect your rights by consulting an experienced car accident attorney at the Schwaba Law Firm. Even if you decide to handle your case on your own, advice from a lawyer familiar with automobile accident cases and local laws can often help you avoid unintentionally weakening your claim.

A car accident attorney can also help answer your questions about getting medical treatment. If you were injured in a car accident, it is important to seek medical care and follow-up care immediately — rather than worrying about saving the insurance company money or hoping that you’ll get better on your own. Getting the proper medical treatment will give you the best chance of getting well, as quickly as possible and as completely as possible. It also serves as documentation of your pain and suffering — ultimately making your case worth more.

What to Expect When You Consult a Car Accident Attorney

After a car accident it is normal to feel distraught and overwhelmed. Insurance companies may be trying to convince you of their view of the situation when you know the reality is quite different. Relying on a seasoned legal expert who can guide you through your case will help you find some calm amid a time of chaos. Your quality of life matters and your car accident lawyer will aggressively advocate for you.

The following discussion you can expect from your initial visit with a Charlotte vehicle accident lawyer at the Schwaba Law Firm:

  1. Did you face injuries? Can your injuries be proven and vouched for by a medical expert?
  2. Do you have auto insurance and have you spoken to your insurance company already?
  3. For medical expenses, lost wages, or another benefit, will you sue your car insurance provider?
  4. Will you bring a separate case against the at-fault person in your crash?
  5. Has your life been seriously or permanently altered because of the car accident? Has your ability to work been compromised?

The Schwaba Law Firm has been helping car accident victims in the Greater Charlotte area for over a decade.  If you would like to schedule a free consultation with our expert car accident attorney’s, call us at 855-SCHWABA or contact at aschwaba@schwabalaw.com

Accident between a car and a truck

Common Causes of Truck Accidents and Who’s Liable

If you are involved in a truck accident, you should know that laws are involved, and you should call a lawyer immediately. Truck accidents are different than usual ones. Hence, things can get more complicated. It is best to have a lawyer who understands the laws involved, the reason for the truck accident, and the relationship between the entities involved: the truck, the driver, and the load. These factors will help determine whether you are entitled to a personal injury claim because of the truck accident.

Common Causes of Truck Accidents

Car accidents happen because of big rigs. A lot can go wrong in a trailer truck operation which is why accidents happen. The most common reasons of accidents are:

  • drive error
  • driver fatigue
  • drug use
  • equipment issues

These are the common scenarios of truck accidents. Each has underlying factors, and there are different laws that applies, that is why it is recommended to have a personal injury lawyer that understands and has experience in truck accidents.

Truck Driver Errors

Usually, driving errors by truck drivers happen when they exceed the speed limit. Speed limits exist to minimize danger, driving too fast whether it be a truck or a car is dangerous to yourself as well as other drivers on the road. Another driving error is turning on a curve too fast. Riding on a curve too fast may end up losing control of the truck’s back wheels, hence, an accident. The other truck driver errors also include failing to monitor blind spots, which lead to collisions.

Truck Driver Fatigue

Fatigue usually causes drowsiness, and when a driver gets drowsy, they might fall asleep on the road and cause an accident.

The following actions are usually caused by fatigue or drowsiness:

  • significantly impair the judgment of the truck driver
  • lessen a driver’s ability to control the truck
  • reduces stimuli to react when something is happening
  • prevent the driver from making safe driving decisions

A driver who is overfatigue will likely fall asleep and cause an accident. He or she will also be inattentive and misjudge driving conditions.

Drug Use

It is no surprise that a drunk driver is not allowed on the road, which is the same case for a driver involved in drug addiction. There are federal regulations that require companies who are involved in trucks to test their drivers for alcohol and drug use. This should be done for employment purposes. There are also random alcohol or drug testing whenever drivers are on duty. If an accident happened, especially if it involves a fatality, alcohol and drug testing will be conducted to check if the truck driver is sober or not.

In that way, the victims will determine if they are entitled to compensation for personal injuries.

Tractor-Trailer Equipment Problems

One of the most common causes of the truck-trailer accident is mechanical failure. This might happen because of a defect in manufacturing or design errors. It might also be an equipment failure, whereas the driver forgot to check something before driving. Some manufacturing or design problems include:

  • defective tires
  • no backup warnings
  • design failure

These can lead to crashes.

Another factor that leads to accidents is the failure to maintain equipment properly. Here are the common failures that often lead to mechanical problems are:

  • removing or depowering the front brakes
  • failure to maintain the brakes of the truck
  • improper way of loading or securing the load or cargo (this may cause truck rollover)
  • defective steering wheel
  • failure to maintain tires
  • wrong attachment of the trailer

Other Causes of Truck Accidents

It is important to note that it is not always about the driver or the equipment. It can be other factors like traffic signal failures, weather conditions, or faulty roads.

Truck Accident Laws

There are federal and state laws regarding truck accidents, and these are the basis of personal injury claims after the accident.

Who Is Liable for a Trucking Accident?

A truck accident is different from a car accident or a basic car-to-car collision. There are usually a lot of parties involved during a truck accident. These parties are all legally responsible for a victim’s injuries and other losses, which are called damages. They are:

  • the truck driver
  • the owner of truck or trailer
  • the cargo loader
  • the manufacturer of truck parts
  • the contractor

Proving a truck accident is more complicated than a car accident. Hence, you should hire a lawyer that is an expert in this field. Multiple claims can usually be filed if there are a lot of parties involved.

Truck Driver Liability

Is the truck driver liable? It depends on the facts of the case. If the driver’s negligent behavior causes the accident or collision, you can sue the driver. You can also file a claim against the driver if he is distracted, speeding, or intoxicated. These are all against the laws.

The truck driver might also be liable if the accident is caused by cargo or truck maintenance. It is the driver’s responsibility to check the cargo or the mechanical parts of the truck.

Trucking Company Liability

Some companies are trying to shield themselves from truck accidents and let the driver pay for everything. However, most driver’s insurance is not enough to cover the expenses of the victims; hence, lawyers seek ways to get claims from the companies and make them liable.

What Should I Do If I Get in an Accident with a Big-Rig Truck?

If you are involved in a truck accident, it is important to check if you and other passengers are safe. Immediately call for help if you can. Call 911 and cooperate with the rescue team and investigators.

Call your lawyer immediately if you can. Their presence will help because they will be updated with everything that is going on. Get the names of the other driver and take photos if you can.

Talk to a Lawyer

Truck accidents are more complex than car accidents, so you need to talk to a personal injury lawyer who knows his way around accidents. At the Schwaba Law Firm, we are committed to ensuring that victims are compensated for their injuries.

Work with us, and you will get qualified and experienced attorneys.

Contact the Schwaba Law Firm and let us help you RECOVER.

Product Liability

What is product liability?

Product liability occurs when the manner in which a product is produced creates a hazard that causes injury to a consumer. Product liability law holds the manufacturers, distributors and sellers responsible for selling a product that creates the harm. Product Liability law is generally divided into two theories of liability: negligence and breach of warranty. Each theory of liability holds sellers of a product responsible for the harm they cause, but each is a complex field that requires particularized care to navigate.

Generally, products liability claims sounding in negligence proceed on one of three theories of liability:

1.  Design Defects – A design defect occurs when the product is hazardous in design, before the product is manufactured. The product itself, from its creation, is hazardous to consumers.

2.  Manufacturing Defects – A defect in manufacturing occurs when a mistake happens during the manufacturing process. For example, a part is missing or broken, the packaging is faulty, or the assembly of the product is incorrect.

3.  Warning Defects – Warning defects occur when insufficient instructions or improper labeling result in improper use of the product by the consumer.

Products liability claims may also be based on the theory of a breach of warranty. Breach of warranty claims are divided into two general avenues as well. An Express Warranty claim is a written representation made by the seller of a product that the product is guaranteed to work or perform in a given manner. An Implied Warranty is not written, but is an assumed understanding that a product will work or perform for its intended purpose.


Whether the product liability claim was caused by negligence or by a breach of warranty, or a combination of both, product defects create a significant hazard for consumers. In some cases, each of the links in the chain of production may be responsible for the defective product, including the product designer, component designer, product manufacturer, component manufacturer, product distributor and product seller.  Investigating each of these responsible parties can be an exhaustive, costly process that requires significant legal expertise.

Product liability attorney in North Carolina

Our primary goal at Schwaba law is to protect your rights as a consumer and help you recover if a hazardous product causes harm. An injury award may include any costs incurred as a result of a product’s hazardous condition, including medical bills, wage loss and any pain and suffering caused by the defective product. Each product liability case is unique to each product and each individual, tailored to get fair compensation for the loss.

Need help with a product liability claim? Call us.

Understanding product liability is a complex and serious matter that should be handled by experienced product liability attorneys. At Schwaba Law, we have lawyers who are more than qualified to take your case. If you or a loved one need help with a product liability claim, call us. We are here to assist you

Automobile Accidents

What Is a Personal Injury Lawyer and When Do You Need to Hire One?

If you were recently injured in an accident, you might wonder what your legal rights are. A personal injury lawyer can meet with you and discuss this important information. He or she can also explain your legal options.


What Is a Personal Injury Lawyer?

A personal injury lawyer is a lawyer who concentrates on cases involving people who were injured due to the actions of others. This type of claim usually relies on a showing of negligence, that is, when one person acted in a manner that a reasonable person would not have acted and caused injury as a result. Examples of personal injury cases include:

A personal injury lawyer is knowledgeable about personal injury laws in the state and the deadline by which you must file a lawsuit to protect your rights.

Signs You Need to Hire a Personal Injury Lawyer

If you are in a relatively minor accident and are not seriously injured, you might not need to hire a lawyer. However, you have the right to be represented by a lawyer if you choose. You may prefer to have a professional deal with the insurance companies and other legal aspects of your claim while you focus on recovery.

Some warning signs that you may need to hire a personal injury lawyer include:

You Were Injured

If you were injured in any manner, you may want legal representation. The insurance company will do everything possible to minimize or eliminate your fair compensation, including having you provide a recorded statement or sign an authorization for the insurance company to retrieve medical records to try to prove you had a pre-existing injury.

You Are Temporarily or Permanently Disabled

Some accidents permanently alter a victim’s life. If you were disabled for the short-term or long-term, it  is important that you have a lawyer who can accurately determine the full extent of your damages and how the accident has affected your life. You may need economic experts who can evaluate your lost earning capacity.

The Insurance Company Offered a Low Settlement

It can be difficult for the average person to understand the real value of their personal injury claim. If you received an offer from the insurance company that does not even cover your medical bills, it is likely that your claim is worth more. A personal injury lawyer can aggressively negotiate for a fair settlement on your behalf.

Your Claim Was Denied

If your claim was denied, you do not have to simply accept the insurance company’s word for it. Their interests are directly opposed to yours. The insurance company may deny all claims, hoping that you will simply not fight it. A personal injury lawyer can fight for your rights. You are not charged any attorney fees unless your lawyer recovers compensation on your behalf.

To get started on your claim, contact Schwaba Law Firm.

workers Compensation

I Was Hurt at a Construction Site; What Are My Options?

It’s an understatement to say that construction sites are dangerous places. There are countless ways that a bystander can get hurt near one of these places. If you’re minding your own business and not doing anything wrong, an injury you suffer could potentially fall upon the shoulders of the construction company.

Getting compensation, however, requires knowing how to pursue the circumstances of your case and who to hold responsible. That’s why you should call for help from a personal injury attorney if you’re hurt at a construction site, to ensure you get the full compensation you deserve under the law.

Getting Hurt at a Construction Site

Getting hurt at a construction site can occur in a variety of ways. If it happens because you were doing something you shouldn’t, like sneaking through somewhere you’re not supposed to be, it may be difficult to collect damages. If on the other hand, the construction company did something wrong and didn’t fulfill their responsibilities, you may be eligible to collect significant damages for your injuries.

Construction Mistakes and Liability

Construction managers and companies have a powerful responsibility, or duty of care, to protect the public from harm given the dangerous nature of what they do. If they violate this responsibility, those who are injured as a result can hold them liable for damages. The kinds of mistakes that can result in such claims include:

  •         Fencing, barriers, and barricades are required for all construction sites to keep pedestrians at a safe distance. If they aren’t sufficient to do so, the company can be held responsible for accidents that result.
  •         Warnings and signs must also be posted to alert passers-by of the potential dangers. Failure to do so can result in liability for the construction company.
  •         Improper inspection of equipment which leads to failure and resulting harm can see the company held responsible for such incidents.
  •         Improperly secured equipment and tools can result in injuries due to objects falling from heights. Keeping such equipment properly tied down is essential to avoiding responsibility for accidents.

Pursuing a Lawsuit

Whether your injury is caused by equipment malfunction, tripping, or falling objects, in order to pursue a case, you need to prove that the construction company violated its duty of care to maintain a safe environment for pedestrians and passers-by. You must also prove that this violation or breach of duty was the cause of the harm you suffered.

This also means knowing exactly who was responsible. Someone is generally in charge of safety issues for a site, and it’s important to identify who this person or people is.

Successfully getting compensated when you’re hurt at a construction site involves a great deal of knowledge and experience in pursuing such cases. That means securing the services of a qualified personal injury lawyer. At Schwaba Law, we’ve tackled many such cases and we’re ready to help you as well. Read a bit more about our firm, and give us a call to discuss your case today. There’s no fee for the consult and no obligation. Let’s talk about your case and start on the road to getting justice for your injury.