Mooresville Truck Accident Attorney

Getting in a truck accident can be a life-changing experience, particularly if you sustain severe injuries. You may be left with physical, psychological, and financial losses that will have a long-term impact on you and your family. However, our lawyers can help you seek compensation for those losses and protect what matters most.

Accidents involving semi-trucks and other large commercial vehicles can be devastating. The extreme force that a 40-ton vehicle unleashes on impact is enough to severely damage or injure whatever it hits. Though big-dollar trucking carriers and their insurers are often liable for these collisions, these companies will do whatever they can to protect their profits at the expense of the people they’ve injured. That’s why professional representation is essential as you demand the compensation you deserve after a truck accident that wasn’t your fault.

Schwaba Law Firm understands the complexities of truck accident cases. Andrew Schwaba is dedicated to pursuing fair compensation on behalf of injured North Carolinians. That dedication has paid off in the millions of dollars he’s recovered for clients, including a recent $750,000 settlement for a trucking collision mild traumatic brain injury claim, a $600,000 settlement for a mild traumatic brain injury in a truck accident, and a $225,000 settlement for a client who sustained severe bone fractures after being hit by a box truck.

Contact Schwaba Law Firm for a free consultation about your Mooresville truck accident case with a professional, experienced, and aggressive trucking accident lawyer. During your initial consultation, our lawyers will review the details of the truck accident that harmed you and explain your options for seeking the compensation you need to cover your bills and support you and your family.

The Dangers of Truck Accidents in Mooresville, NC

According to data from the National Safety Council (NSC), fatal truck accidents have increased by 43 percent over a recent 10-year period. They account for 9 percent of all vehicles involved in fatal motor vehicle collisions, but even when they don’t result in fatalities, they can cause catastrophic injuries to victims.

Some of the most common injuries caused by truck accidents in Mooresville, North Carolina, include:

Any of these injuries can drastically change your life and leave you with chronic pain, reduced mobility, or other permanent disabilities. In addition, if a truck accident becomes a fatal one, the surviving family may file a wrongful death lawsuit. That’s why our semi accident lawyers are here to help you seek fair compensation.

What Is Considered a Truck in North Carolina?

North Carolina regulates trucks under the term “commercial motor vehicles,” which it defines as:

• Class A Motor Vehicle, which is a combination vehicle with a towed unit that has a gross vehicle weight rating (GVWR) of at least 10,001 pounds.
• Class B Motor Vehicle, which is either a single unit with a GVWR of at least 26,001 pounds or a combination vehicle involving a towing unit with a GVWR of at least 26,001 pounds and a towed unit weighing less than 10,001 pounds.
• Class C Motor Vehicle, which is designed to transport at least 16 occupants or carries hazardous materials and is required to carry a placard for such.

Why You Need an Experienced Truck Accident Lawyer

After getting in a truck accident, you must work with an experienced truck accident lawyer with knowledge of both state and federal trucking regulations. Truck accidents are often complex, and legal assistance is necessary to maximize your compensation.

The truck driver, trucking company, cargo loaders, and other at-fault parties will have lawyers to protect their interests and limit liability. So, it’s vital that you have a lawyer on your side who can fight for your rights and the compensation you deserve.

Why Truck Accidents Are More Complicated Than Other Motor Vehicle Crashes

Several factors unique to trucks and the trucking industry make accidents involving them significantly more complicated than other types of traffic collisions. They include the following:

• More Potentially Liable Parties: Unlike most car accidents, where the driver or drivers at fault are typically the only liable parties, truck accidents often involve multiple potentially liable parties. These include truck drivers, trucking companies, truck owners, cargo loaders, and manufacturers. Each additional party adds another layer of complexity to any accident case.
• Greater Damage and Injuries: Commercial trucks can cause more severe damage and injuries compared to passenger vehicles due to their size and weight. This increases the potential for more valuable claims, which can make insurance companies more aggressive in contesting liability and defending their interests.
• Complex Regulations: Commercial trucks and operators are subject to a variety of federal and state regulations, including limits on the number of hours drivers can work, maintenance requirements, and cargo loading standards. Understanding these regulations and applying them to a liability claim makes a truck accident case more involved than another kind of motor vehicle accident lawsuit.

What Are the State and Federal Trucking Laws?

In North Carolina, trucking regulations are set by both state and federal laws. Here are some of the most pertinent ones:

• Size Limits: The maximum width for commercial vehicles in North Carolina is 102 inches. The maximum height is 13 feet 6 inches. The maximum length for a single vehicle is 40 feet, while a vehicle combination is limited to 60 feet. Permits are available for trucks that exceed these sizes.
• Licensing Requirements: Commercial drivers must be 18 years old to drive within the state and 21 years old to cross state lines. Specific endorsements are required for certain types of vehicles and cargo.
• Load Securement Rules: All cargo-carrying commercial vehicles must adequately secure cargo to prevent it from shifting, falling off, or affecting stability. There are specific regulations for various types of cargo, and drivers must conduct periodic inspections of cargo and securements.
• Fleet Manager Requirements: Fleet managers must maintain Driver Qualification Files for all drivers, implement drug and alcohol testing programs, ensure drivers comply with hours of service (HOS) rules, carry out regular maintenance, and maintain records of accidents.
• Insurance Requirements: North Carolina requires a minimum of $750,000 in liability insurance for interstate commercial carriers transporting non-hazardous goods. Specific transportation categories, such as transportation of hazardous substances, require higher coverage amounts.

Who is Liable in a Truck Accident Case?

Depending on what caused the crash, one or multiple parties may share truck accident liability for your injuries and losses. Determining fault after a truck crash requires a thorough analysis of the events leading up to the accident and the role each party played in it. These parties may include:

• The Truck Driver – The driver may be liable for speeding, distracted driving, impairment, fatigue, or other unsafe conduct behind the wheel.
• The Trucking Company – A carrier may bear responsibility for negligent hiring, inadequate training, unsafe scheduling practices, or failing to supervise its drivers.
• Truck Owners: If the truck is owned by a different entity than the trucker or trucking company, this party could be liable for not ensuring that the vehicle was safe to operate or maintained properly.
• Maintenance Providers – A repair or maintenance company could be liable when faulty work contributes to brake, tire, steering, or other mechanical failures.
• Cargo Loaders or Shippers – Improperly loaded, overloaded, imbalanced, or unsecured freight can make a truck unstable or cause cargo to spill.
• Truck or Parts Manufacturers – A manufacturer may be responsible when a defective vehicle or component contributes to a collision.
• Government Entities: In some cases, a local or state government entity could be responsible if the accident happened due to poor road design, inadequate signage, or other roadway issues.

Each of these parties often has its own insurance companies and attorneys, further complicating the process of establishing liability. This is why working with an experienced North Carolina truck accident attorney who can handle these complexities is essential.

Damages That Can Be Recovered

What are damages in truck accident cases? “Damages” is another word for compensation. If another party is legally responsible for the truck accident that injured you, you may be able to recover compensation for both financial and personal losses. Depending on the facts of your case, your truck accident damages may cover:

• Medical expenses, including hospital bills, rehabilitation, and future treatment
• Lost wages and reduced future earning capacity
• Out-of-pocket expenses related to the accident
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement
• Loss of enjoyment of life
• Loss of consortium in qualifying cases
• Property damage, including vehicle repair or replacement costs
• Wrongful death damages when a truck crash results in a fatality

Common Types of Commercial Truck Accidents

Trucking accidents come in many different types, some of the most common of which include the following:

Common Causes of Truck Accidents We Handle

Our truck accident attorneys near you handle a wide variety of cases. Common causes of truck accidents we handle are:

Determining the cause of the truck accident that harmed you is a critical step in identifying the at-fault parties and holding them liable for your losses. For example, different parties could be at fault in cases where the crash was caused by fatigued driving or mechanical failures. And in many truck accident cases, multiple parties are at fault, so identifying each of them is crucial.

Determining Liability in a Mooresville Truck Accident

Determining liability in a Mooresville truck accident case involves collecting various types of evidence to support your claim. This evidence may include accident scene photographs, traffic camera footage, eyewitness statements, expert testimony, truck black box recordings, and vehicle maintenance records.

Strong evidence is the foundation of any successful truck accident case. However, this evidence doesn’t stick around forever, which is why you must begin working with an attorney as soon as possible. Your attorney needs time to collect this evidence before it’s too late.

Truck Accident-Specific Evidence

Truck accident claims involve many types of evidence that don’t factor into claims involving ordinary passenger vehicles. Because some of these records may be lost or overwritten, it’s important to act quickly to preserve evidence after a truck accident. Schwaba Law Firm can fight to preserve and access critical evidence, such as:

• Electronic Logging Device Records – These can show driving hours, rest periods, and possible violations of federal hours-of-service rules.
• Event Data Recorder Information – A truck’s electronic systems record the vehicle’s speed, braking, throttle position, and other data shortly before a collision.
• Driver Qualification Files – These records can reveal the driver’s training, employment history, licensing, and any prior safety issues.
• Inspection and Maintenance Records – Vehicle repair histories may help identify neglected maintenance or mechanical problems.
• Dispatch and Communication Records – Messages between drivers and carriers may show scheduling pressures or instructions given before the crash.
• Cargo Records – Bills of lading, loading documents, and weight records can help establish whether improperly loaded or excessive cargo contributed to the accident.

Our Step-by-Step Legal Process

When you hire our lawyers to handle your truck accident case, we’ll go through the following steps to help you seek maximum compensation:

• First, we’ll discuss your case with you to fully understand your side of the story and how the crash has affected your life.
• Second, we’ll thoroughly investigate the accident to identify the at-fault parties and gather evidence supporting your case.
• Third, our lawyers will calculate your damages, which are the compensation sought for your losses.
• Fourth, we’ll send a demand letter to the insurance companies and file your personal injury lawsuits against the at-fault parties and seek settlements through initial negotiations with their insurers.
• If the insurers refuse to offer fair settlements, we’ll move on to the fifth step, which is to prepare to take your case to trial. We handle every case with the possibility of going to trial in mind, so we’re always ready to take this step if necessary.
• Finally, we can represent you at trial by presenting the evidence we’ve collected in a compelling way and seeking the maximum compensation you’re entitled to.

Benefits of Hiring a Truck Accident Lawyer in Mooresville

Among the benefits of hiring a truck accident lawyer in North Carolina include having a legal professional who can:

Types of Compensation You May Recover

You can recover several types of compensation, including economic and non-economic damages, through auto insurance claims and personal injury lawsuits against third parties that contributed to the truck crash.

Economic damages are compensation for medical expenses, lost wages, property damage, and other tangible losses. Non-economic damages include compensation for pain and suffering, emotional distress, permanent disability, and other intangible losses.

When seeking compensation, your first option is typically to make demands of the insurers of the at-fault driver and the trucking company. The driver’s liability coverage policy may be limited, so your attorney might file a claim against the trucking company, as well. Commercial trucking companies must have between $300,000 and $5 million in liability coverage, depending on the truck’s weight and cargo.

What to Do After a Truck Accident in Mooresville, NC

After getting in a truck wreck in Mooresville, NC, you should take the following steps to protect your rights and strengthen your case:

• Follow up with all medical treatment until you are discharged.
• Keep track of medical and service bills related to the accident.
• Document your injuries in writing and with photographs.
• Avoid speaking to the at-fault parties’ insurance companies or providing statements.
• Avoid posting on social media, even if it’s unrelated to your case.
• Contact a qualified truck wreck lawyer from Schwaba Law Firm.

Why Choose Our Mooresville Truck Accident Law Firm

Our Mooresville truck accident law firm has decades of experience helping North Carolina residents seek compensation for injuries sustained in commercial vehicle collisions.

When you choose our firm to handle your case, you’ll benefit from our proven track record of maximizing case value and recovery, five-star rated service, 24/7 availability, and wide-ranging experience going up against insurance giants.

When the stakes are high, you deserve the help of a North Carolina personal injury lawyer who makes your recovery their priority. You deserve Schwaba Law Firm. Andrew Schwaba has a proven track record of obtaining substantial settlements and verdicts for truck accident victims, and he’s here to help with yours. Reach out to Schwaba Law Firm today for a free consultation with a North Carolina truck accident lawyer.

Frequently Asked Questions

Below, we’ve answered some of the most frequently asked questions about truck crash cases in Mooresville, NC.

How long do I have to file a truck accident claim in NC?

North Carolina’s statute of limitations gives truck accident victims three years to file lawsuits against the parties responsible for their injuries. The courts take this three-year deadline seriously and will prevent you from pursuing compensation through the legal system if you miss it, so it’s important to work with an experienced lawyer who will make sure to file your lawsuits on time.

What makes truck accident cases more complex than car accidents?

Truck accident cases are more complex than car accidents for several key reasons.

First, they tend to involve both state and federal trucking regulations, including vehicle weight and size limits at the state level, as well as various federal laws, such as hours-of-service and cargo securement regulations.

Second, they often cause severe injuries that require extensive medical treatment and leave victims out of work for extended periods, leading to high-value claims. The more your case is worth, the harder the opposing side will fight to reduce their liability for your damages.

And third, many truck accident cases involve multiple at-fault parties. Identifying all at-fault parties and determining their degree of liability is essential for maximizing your compensation, but it requires the help of an attorney with experience, knowledge, and resources.

How much does it cost to hire a truck accident lawyer?

Most truck accident lawyers, including those at Schwaba Law Firm, work on a contingency fee basis. That means you don’t pay any legal fees unless your lawyer secures compensation for you.

Typically, lawyer fees range from 30 to 40 percent of your secured compensation, whether it’s through a negotiated settlement or trial verdict. You should always discuss a lawyer’s fees during your initial consultation so you know what to expect and there are no surprises later on. Any reputable lawyer will be open about their fee structure.

Can I still recover if I was partially at fault?

Unfortunately, in North Carolina, you generally cannot recover compensation if you were partially at fault for the truck accident that caused your injuries. This is because North Carolina follows the common law rule of contributory negligence.

Under contributory negligence, if you are at fault for an accident even slightly, you cannot recover compensation. This makes it vital that you work with a highly qualified lawyer who can gather evidence to support your claim that the other party or parties were entirely at fault for the crash.

Your lawyer may still be able to help you recover some compensation through negotiated settlements with the insurance companies, as contributory negligence only applies to recovering compensation through a trial award. However, insurance companies are aware of this rule and may apply it to any claim you have with them.

Contact Our Mooresville Truck Accident Attorneys for Help

Were you injured in a Mooresville truck accident? Contact Schwaba Law Firm for a free case review with an experienced 18-wheeler truck accident lawyer. We’ll help you understand the process of seeking compensation and your options for holding different parties financially liable for your injuries and other losses.

What to do if the trucking company’s insurer contacts me

The trucking company’s insurer may contact you after a crash. Keep in mind that the insurance adjuster is not trying to help you – their job is to protect their employer’s financial interests by finding ways to reduce payouts to people in situations like yours. Do your best to avoid speaking to the insurance company at length. Instead, contact a Mooresville truck accident attorney from Schwaba Law Firm right away to secure legal representation. We can handle all communications with the insurance company to safeguard your interests.