Marion Truck Accident Lawyer

Marion Truck Accident Attorney

A truck accident can be a terrifying and catastrophic experience. Even the largest of automobiles can still be subject to significant damage resulting from the force of a truck. If this has happened to you, contact a Marion truck accident lawyer as soon as possible.

Medical bills, lost wages, damage to a vehicle, and any emotional or psychological impacts from the accident all represent heavy costs caused by the accident. A Marion truck accident law firm can fight on your behalf to help you get compensation for those costs.

Your Marion Truck Accident Representation

At the Law Office of Lyndon R. Helton, PLLC, we help victims of truck accidents seek restitution for their injuries. The costs that they face are the responsibility of those who are at fault for the accident. We help establish liability in your case and will negotiate for compensation on behalf of our clients. Whether we are able to settle in or out of court, we work tirelessly for fair compensation for our clients.

Who Could Be Liable in a Truck Accident

Truck drivers represent the liable party in many truck accident cases. However, there are other parties that may be at fault or share liability as well. Trucking operations are complex businesses, and there are a lot of opportunities for error that could lead to an accident. The following represent some of the potentially liable parties:

• Truck drivers. In most cases, the truck driver is going to share at least some of the responsibility for the situation. They may have violated traffic laws, been driving distracted, not followed regulations regarding off-the-road hours and breaks, or made some other error.
• Other drivers. It could be another driver involved in the accident whose negligence caused the situation. It could even be a driver who wasn’t in the collision but was driving recklessly, causing other drivers to have to avoid hitting them.
• Trucking companies. Sometimes, there is a negligent policy at a trucking company that increases the likelihood of an accident. Often, it is something like unreasonable delivery expectations. In order to meet these expectations, the driver speeds, doesn’t take the required rest time, or drives recklessly. Additionally, a trucking company could be liable if they are found to have trained their drivers inadequately.
• Shippers or loaders. It’s important that the freight on a truck be properly loaded and balanced. Failing to do so correctly could lead to an increased chance for a truck to roll over or jackknife.
• Owners of the freight. If the owner of the freight doesn’t properly label cargo, then it’s possible that they may be liable. Hazardous material, for example, must be properly secured and labeled.
• Government. Roads, signs, and traffic signals are the responsibility of the governments overseeing the roads. If an issue with road conditions or posted signage leads to an accident, then the government or local municipality could be at fault.
• Parts manufacturers or installers. In some cases, there may be an issue with a part malfunctioning or having not been installed correctly. This can lead to accidents if either the truck or another vehicle does not operate properly. In these cases, the manufacturer or installer may be at fault.

What a Marion Truck Accident Lawyer Will Do

A Marion truck accident lawyer could be pivotal in securing the compensation that you’re seeking. We investigate the accident in which you were involved thoroughly so we can understand where any potential liability may be. We also need to gather evidence and possible witness testimony to prove that liability.

It’s also important that we look for anything that may be helpful in defending against any counter-accusation that you were at fault for your injuries. If that is successfully argued, it could result in you being unable to collect damages.

Before a claim goes to trial, there will likely be an attempt to negotiate a settlement to avoid taking the claim to court. There are advantages to both sides agreeing to a settlement amount. It avoids the risk inherent in trial, and it can take far less time as well.

Proactive Help with Insurance Companies

Letting a lawyer negotiate on your behalf can be further beneficial in a few different ways. First, the insurance companies that are usually involved in these negotiations will tend to take the process a little more seriously when a lawyer is involved. In part, that’s because they know an experienced lawyer is not going to accept any unreasonable offers. It’s also because when a lawyer is involved, the possibility of a claim going to court is real. Defendants generally want to stay out of court and will be more willing to settle with a lawyer.

There are times, though, when a fair agreement can’t be found, and it becomes necessary to take the claim to court. If this is the case, we are prepared to represent you and advocate for your interests. We’ll make the case for the liability of the defendant, as well as defend against any allegations of your liability. We will work to use every option we have to get you the compensation that you deserve.

FAQs

Q: How Is Fault Proven in a Truck Accident?

A: Proving fault in a truck accident will follow the same general pattern that is required for proving fault in any other personal injury claim. There are three elements that your lawyer will need to prove before the defendant can be considered liable for the costs that the injury created. They are:

• Duty of care. It must be shown the defendant should have taken some reasonable precautions to prevent their actions from causing an extra risk or danger to others. Given the inherent risk of trucking, this is generally well understood.
• Breach of duty. If someone failed to live up to their duty of care, then they committed a breach of duty. These actions will depend on the nature of the case and the identity of the defendant. For example, a truck driver could fail to follow traffic laws or trucking regulations. Your lawyer can demonstrate the defendant’s actions and argue how they failed to fulfill their duty of care to the claimant.
• Cause of injury. The breach must directly cause the injury. Proving this often means showing first that the breach was the direct cause of the accident and then that the accident was the direct cause of the injuries.

Q: What Compensation Is Paid in a Truck Accident Claim?

A: In a truck accident claim, compensation will include two forms of damages. These damages are directly caused by the accident and include:

• Economic damages. There are a number of costs related to an accident that have a clear financial component and are addressed through economic damages. This includes expenses such as lost wages, medical costs, and property damage.
• Non-economic damages. The psychological and emotional costs of an accident, which lack a clear financial component, are addressed through non-economic damages. This would include damages such as pain and suffering and a loss of enjoyment of life.

Q: Will Contributory Negligence Affect My Claim?

A: Contributory negligence could affect your claim if you are found to also be responsible for your injuries. The defendant will have the opportunity to prove your negligence contributed to your injuries. If they can prove you are even just 1% responsible, you may be unable to collect damages. Your personal injury lawyer in Marion should be prepared to argue against this kind of counterclaim.

Q: When Do I Need to File a Truck Accident Claim?

A: The general statute of limitations for a truck accident claim in North Carolina is three years. In most cases, you will need to file a claim within three years of your accident. However, there are a number of possible exceptions that could lengthen or shorten that deadline. It’s important to talk to your lawyer about the deadlines that apply to your case.

Let a Marion Truck Accident Lawyer Help You Get the Restitution You Deserve

The impacts that a truck accident can have are significant. The sheer size and weight of a truck can cause substantial property damage. More devastatingly, truck accidents can lead to significant injuries. The financial toll of these costs can also be significant, but the psychological and emotional effects can be just as impactful. Those who’ve been injured in a truck accident recover fair and just compensation for these damages from those responsible.

Working with a Marion truck accident lawyer can be essential to the process of getting fair compensation. At the Law Office of Lyndon R. Helton, PLLC, we take the time to thoroughly understand your case so that we can advocate for you with a strong background of understanding personal injury law. We can help you understand what kind of compensation you deserve. Whether through settlement or in court, we won’t hesitate to fight on your behalf firmly.

Contact us today to discuss your injuries following a truck accident and what we may be able to do about them. We represent clients needing support all throughout Burke, Caldwell, and Catawba Counties, as well.