What Happens When a Company Truck Hits You?
Understanding Your Rights and Legal Options in Greensboro, NC
Being involved in a collision with a company truck can be a traumatic and confusing experience. These accidents often involve larger vehicles, making the potential for serious injuries or property damage much higher than in standard car accidents. If you’ve been hit by a company truck, you may have many questions about liability, compensation, and the steps to take next. This guide will walk you through what happens when a company truck hits you and what you need to know to protect your rights.
Immediate Steps After a Company Truck Accident:
After being hit by a company truck, your immediate actions can significantly affect your ability to seek compensation for damages. Here’s what you should do:
- Ensure Safety and Seek Medical Attention: Your first priority should be to check if anyone is injured. Call 911 for medical help, even if your injuries seem minor at first. Some injuries may not be apparent immediately, but getting a medical evaluation is critical for your health and for any legal claim.
- Report the Accident to Authorities: Always report the accident to the police. A police report will be crucial evidence in determining liability. When talking to law enforcement, provide accurate details without admitting fault.
- Gather Evidence: If you’re able, take photos of the scene, damage to vehicles, road conditions, and any visible injuries. Gather contact information from witnesses and get the truck driver’s name, employer, insurance details, and license plate number.
- Avoid Giving Statements to Insurance Companies: Do not provide recorded statements to the truck company’s insurance adjuster before consulting an attorney. The insurance company may try to minimize your claim, so it’s best to speak to legal counsel first.
Determining Liability: Who’s at Fault?
When a company truck hits you, determining liability can be complex. Unlike personal vehicle accidents, where the driver is typically the only party responsible, accidents involving company trucks may involve multiple parties.
Potential Liable Parties:
- The Truck Driver: If the truck driver was negligent, distracted, or driving recklessly, they can be held accountable for the accident.
- The Trucking Company: Employers are often responsible for the actions of their employees. If the truck driver was on the job at the time of the accident, the company may be liable under the legal principle of “vicarious liability.” Additionally, if the trucking company failed to properly maintain the vehicle or enforce safety regulations, they could also be held accountable.
- The Truck Manufacturer: If the accident was caused by a mechanical failure or defective part, the manufacturer of the truck or the part might be liable.
- Third-Party Maintenance Providers: Sometimes, trucking companies outsource maintenance to third-party providers. If improper maintenance led to the accident, the maintenance company could share in the liability.
An experienced personal injury attorney can help investigate the accident and determine which parties are at fault.
Compensation You May Be Entitled To
When a company truck hits you, you may be entitled to compensation for various types of damages. These can include:
- Medical Expenses: Compensation for current and future medical costs related to injuries from the accident.
- Lost Wages: If your injuries prevent you from working, you can seek compensation for lost income.
- Pain and Suffering: Non-economic damages for physical pain, emotional distress, and mental anguish caused by the accident.
- Property Damage: Compensation for repair or replacement of your vehicle and other personal property.
- Punitive Damages: In cases of gross negligence or reckless behavior, the court may award punitive damages to punish the at-fault party.
Dealing with Insurance Companies
Company trucks are typically insured under commercial insurance policies, which tend to have higher coverage limits than personal auto insurance, especially if an employee is at fault. While this may seem beneficial, it also means that the insurance company will have more resources to fight your claim. They may try to downplay your injuries or offer a lowball settlement.
This is where having an experienced attorney by your side can make a significant difference. A lawyer can negotiate on your behalf to ensure you receive fair compensation for your injuries, medical bills, and damages.
Filing a Lawsuit: When Settlement Isn’t Enough
In some cases, the truck company’s insurance may not offer an adequate settlement to cover your damages, leaving you to seek legal recourse. If this happens, you may need to engage in litigation and file a lawsuit to pursue full compensation.
An attorney will guide you through the process, which may involve gathering additional evidence, such as accident reconstruction reports, medical expert testimonies, and witness statements. The goal is to build a strong case that proves the negligence of the responsible parties.
Statute of Limitations in North Carolina
If you’ve been hit by a company truck in Greensboro or anywhere in North Carolina, it’s important to be aware of the state’s statute of limitations for filing a personal injury lawsuit. In North Carolina, you typically have three years from the date of the accident to file a claim. If you miss this deadline, you may lose your right to seek compensation.
However, certain factors could impact the statute of limitations, such as the discovery of hidden injuries or wrongful death claims. Consult with a lawyer to understand how these time limits apply to your specific case.
Why You Need an Attorney
Company truck accidents can be much more complex than typical car accidents due to the involvement of multiple parties, larger insurance policies, and the severe injuries that often result from such crashes. An attorney with experience in truck accident cases can:
- Investigate the accident thoroughly
- Handle negotiations with insurance companies
- Ensure you meet legal deadlines
- Fight for your right to full compensation
At Garrett, Walker, Aycoth & Olson, Attorneys at Law, we understand the challenges you face after being hit by a company truck. Our team of dedicated personal injury attorneys in Greensboro, NC, is here to fight for the justice and compensation you deserve.
Conclusion: Take Action Now
If you’ve been injured in an accident involving a company truck, don’t wait to take action. The sooner you consult with an experienced truck accident lawyer, the better your chances of securing maximum compensation for your injuries. Contact us at Garrett, Walker, Aycoth & Olson, Attorneys at Law today to schedule a free consultation and learn how we can help you navigate this difficult time.
By taking the right steps and working with knowledgeable legal counsel, you can protect your rights and recover the damages you’re entitled to after an accident involving a company vehicle.