Types of truck wrecks

• Rollover accidents. Due to their higher profile and heavy cargo, semi-trucks are more prone to tipping. Truck rollovers are frequently caused by improperly loaded cargo, high winds, and speeding around tight curves or when turning.
• Underride accidents. An “underride” is when a smaller passenger vehicle crashes into a large truck and gets pinned under the trailer. Underride accidents are among the most deadly types of truck wrecks in the country, despite underride guards being a simple way to prevent such tragedies.
• Jackknife accidents. “Jackknifing” happens when a truck trailer swings out at a perpendicular angle from the cab. This can happen when the truck driver has to make a sudden stop, or wet roads cause the trailer wheels to hydroplane.
• Blind spot accidents. Commercial trucks have bigger blind spots than other vehicles, which is why you should only venture into this dangerous zone briefly when passing a truck. Sideswipe crashes happen when a truck changes lanes, and the driver doesn’t see the vehicle in the blind spot.
• Turning accidents. Semis and tractor-trailers need more room to make a turn. If the trucker or another driver isn’t paying attention, they could cause a wide-turn accident when the truck swings out to make a turn or a car gets “pinned” against the turning trailer.
• Rear-end collisions. When trucks are loaded with heavy cargo, they require more time and distance to stop. If the trucker cannot stop in time, their vehicle becomes a wrecking train, devastating anything (or anyone) in its path.
• T-bone accidents. If a truck driver or other motorist runs a red light or stop sign, a T-bone crash can happen. These wrecks are particularly deadly to the other motorist due to the size and weight of the truck.
• Head-on collisions. These crashes often happen when a truck crosses into oncoming traffic—whether from drifting over the center line, entering a one-way road the wrong way, or losing control on a curve. Fatigue from long hours behind the wheel is a major factor, as drowsy truck drivers are more likely to make critical mistakes. Because of the truck’s massive weight, head-on collisions almost always cause catastrophic or fatal injuries for people in smaller vehicles.

Whatever caused your truck accident, it’s important to speak with a knowledgeable attorney near you who can help determine liability and hold the responsible parties accountable for your injuries and damages.

How truck accidents differ from car crashes

When seeking legal information and representation following a truck wreck, it’s important to consult with an attorney who has specific knowledge and experience pertaining to truck-related accidents and injuries.

This is because while there are similarities, truck crash cases differ from collisions between passenger vehicles in several distinctly important ways:

• Severity of the accident and injuries. Truck accident cases tend to involve more serious injuries. Due to their size and weight, semi-trucks, tractor-trailers and commercial trucks often result in catastrophic injuries and death. Such cases require more expertise in calculating not just the immediate costs associated with the crash, but also long-term and permanent treatment and care that the accident victim may require. Also, the greater the severity of injury, the more money is on the line and the higher the stakes—meaning trucking companies and insurers often put up a bigger fight.
• Determining who is at fault. Determining liability in truck accident cases is more complex due to the fact that truck drivers are typically employed by trucking companies, which are often represented by an insurance company. It’s often difficult for crash victims and their families to know who is responsible for paying their damages: the truck driver, the trucking company, or the trucking company’s insurance company. In some cases, multiple parties may be liable.
• State and federal regulations. Since commercial trucks are much bigger and more deadly than other vehicles, there are special federal and state safety regulations that truck drivers and trucking companies must follow. If they fail to stay in compliance with these laws and regulations, they may be subject to fines and penalties—on top of being liable for damages. These laws regulate things like how long a trucker can drive in a day, how to properly load and secure cargo, what qualifications commercial truck drivers must have, and how often trucks must undergo inspections and maintenance.
• Crash data availability. Most people are unaware that many semi-trucks are equipped with data recorders that are similar to the “black boxes” found in airplanes. These recorders can capture important details from moments prior to impact, such as the speed the truck was going, whether brakes were applied, how long the trucker was driving, and other information that might be useful when pursuing a claim. By acting quickly, your attorney can help preserve this evidence before it gets erased or tampered with.
• Fighting well-funded companies. When going up against a national trucking company or insurance company, individuals are automatically at a disadvantage. Unlike legal disputes between 2 regular drivers, the trucking companies that employ commercial drivers (and their insurers) often have deep pockets and ample resources to challenge and contest your claim. Often, they deny claims simply because they know the injured person doesn’t have the will or resources to fight back. Lawyers representing trucking companies and insurers are highly aggressive and know how to leverage the legal system to their advantage to delay, deny, or reduce the compensation you deserve.

Additionally, if you were a truck driver injured on the job, workers’ compensation benefits may be available to you.

Common truck accident injuries

If you or a loved one is among the thousands of individuals and families in North Carolina struggling after being involved in a truck accident, you likely have many unanswered questions about your legal rights to compensation. As the bills start coming in, you may be stressed and panicked about how you will make ends meet and provide for your family.

Insurance might help cover some of your expenses, but what can you do if it falls far short of what you need to fully recover? The cost of long-term treatment for catastrophic injuries often surpasses what insurance is able to provide.

Common examples of catastrophic truck injuries include:

• Traumatic brain injury (TBI)
• Spinal cord injury (paralysis)
• Amputation (loss of limbs)
• Permanent disfigurement
• Back and neck injury (whiplash)
• Internal injury (organ damage)
• Compound bone fracture
• Third-degree burn
• Wrongful death

The good news is that North Carolina’s personal injury law allows truck accident victims and their families to seek monetary compensation for damages like pain and suffering, medical bills, and lost wages from the at-fault driver. However, the legal system is full of loopholes and nuances that trucking companies and their insurers commonly exploit to avoid liability and leave hurting families with no compensation, no options, and no justice.

At Wilder Pantazis Law Group, our truck accident attorneys in Charlotte will use decades of experience and knowledge to fight passionately to secure the best possible outcome in your case. We aren’t afraid to go up against massive trucking companies or their insurance providers.

How long do I have to file a truck injury claim?

In North Carolina, the statute of limitations for most personal injury claims—including truck crashes—is 3 years. In other words, you must file a lawsuit to pursue compensation within 3 years from the date of the crash.

One of the only exceptions is in fatal truck wrecks. In such wrongful death claims, eligible dependents of the deceased have just 2 years to file a claim instead of 3.

Who is liable in a truck accident?

The fact that multiple individuals, companies, and other entities can be legally liable for paying truck accident damages is part of what makes these cases so complex.

The following parties may be involved in your injury claim:

• Truck driver. If the truck driver is found to be partially or fully responsible for an accident because, for example, they were speeding, driving drunk, or fell asleep at the wheel, then they may be personally accountable for any bodily injury and property damage that resulted from their negligent actions.
• Trucking company. Under the legal doctrine of respondeat superior, a trucking company that hired the at-fault truck driver may be liable for accidents caused by their employee. Typically, plaintiffs are better off suing trucking companies than individual drivers because companies have more assets to help pay the award. Additional damages can be issued if it can be proven that the company intentionally cut corners or ignored safety guidelines.
• Truck owner. Sometimes, neither the truck driver nor the trucking company actually owns the truck involved in an accident. If the cause of the crash can be linked to a vehicle malfunction or a lack of maintenance, then the owner of the truck might be considered at fault.
• Cargo loader or shipper. Trucking companies sometimes hire third-party cargo loading or shipping companies to pack and secure the freight being transported. If an unbalanced load or unsecured cargo causes an accident, then a shipping company may be brought into the lawsuit.
• Parts manufacturer. Under product liability laws, the manufacturer of a defective part or product can be held liable if the defect causes injury. In the case of truck malfunctions and part defects, such as a tire blowout or brake failure, the manufacturer can be forced to pay damages to the victim or their family.
• Insurance companies. Hopefully, you have auto insurance, which may be involved in seeking compensation for your accident damages. However, the truck driver and trucking company (as well as any other entity involved) also likely have their own insurance. You may be contacted by various adjusters representing these parties.
• Other motorists. Truck drivers aren’t always the only ones responsible for a collision. Perhaps the trucker swerved to avoid another car stopped on the road for no apparent reason, thus sideswiping your vehicle in the next lane over. In cases where another motorist shares some of the responsibility, they and their insurance company will join the lawsuit.

As you can see, there are many possible parties that can be involved in a truck accident. To help determine liability in your case, it’s important that you seek legal counsel from an experienced attorney.

What damages can I recover after a truck wreck?

If you are seriously injured in a truck wreck, you can file a lawsuit to seek both economic and non-economic damages, including compensation for:

• Medical expenses (past and future)
• Transportation to/from medical appointments
• Lost wages (past) and loss of earning capacity (future)
• Property damage
• Pain and suffering
• Mental anguish
• Permanent scarring and disability

If you lost a loved one in a fatal crash, you may also seek compensation for funeral and burial expenses, as well as loss of consortium.

What can a truck accident attorney do for me?

While we can’t speak to other law firms, at Wilder Pantazis Law Group, we treat each of our clients like family. Should you choose to hire us, we will immediately begin working on your case by investigating evidence from the accident to determine liability, collecting all medical bills and other expenses you’ve encountered to calculate the full and fair value of your case, managing the deadlines and paperwork needed to pursue your claim, negotiating with the trucking company and insurers on your behalf and building the strongest case possible if we need to go to trial.

In short: We’ll take care of every detail of your case so that you can focus on recovering physically and emotionally.

Why should I consider hiring Wilder Pantazis Law Group?

Our Charlotte injury lawyers can help navigate you through the difficult claims process. However, many times it’s necessary to file a complaint in state or federal court in order to obtain fair compensation. Our lawyers have experience litigating cases throughout North and South Carolina.

Attorney Beau Wilder has successfully litigated South Carolina cases in the Court of Common Pleas and the District of South Carolina. He has also litigated claims in North Carolina federal courts, superior courts, and district courts across the state.

Have more questions? We’ve got answers. Schedule a free consultation.