North Carolina Truck Accidents Attorney
Cement trucks loaded with wet concrete carry significant weight and not only are prone to rollover accidents but also may collide with other vehicles for a variety of reasons, including driver error. Motor vehicle accidents involving cement trucks may cause catastrophic injuries to other drivers and passengers, as well as pedestrians. If you or someone you love has been hurt in a crash involving a cement truck, Raleigh truck accident lawyer Carl Nagle can help. Mr. Nagle represents North Carolina victims and their families in personal injury claims and lawsuits against truck companies and truck drivers as they assert their legal right to compensation. Whether a client’s case settles outside court or goes to trial, we can guide you through every step of the process. Our firm has successfully recovered hundreds of millions of dollars on behalf of motor vehicle accident victims throughout North Carolina, including in Wilmington, Asheville, and Winston-Salem.
Bringing a Claim for Injuries Caused by a Cement Truck Accident
Victims of cement truck accidents may recover damages from the responsible party or parties if the crash evidence confirms that the truck driver was at fault and the victim has no blame for the collision. Because cement trucks and construction vehicles are insured under high-coverage-limit commercial policy, there is typically considerable money available to fund victims’ claims. Insurance companies are extremely savvy, and they put their best adjusters to work on truck accident claims. In every case, they will seek to blame the victim and thereby deny all claims. When they cannot place partial blame with the victim, they then work hard to minimize the injuries, suggest that the medical care was inflated or unnecessary, and argue that the injuries were not caused by the collision. Victims in commercial truck collision matters should always seek legal guidance, even if only to secure initial guidance through a free consultation.
The first step in protecting your legal right to collision compensation is to investigate the collision scene and to gather and protect all evidence that shows how the crash occurred. In a motor vehicle accident involving a cement mixer, the driver of the truck may be at fault for driving errors, the trucking company may be liable for improperly maintaining or loading the truck, and the manufacturer of the equipment may be held legally responsible if the cement mixer was improperly designed or did not perform as intended.
A fully loaded cement mixer truck may weigh upwards of 60,000 pounds. Due to this heavy weight, the truck owner and operator must perform regular equipment inspections to ensure that the equipment does not fail and result in an accident. Federal guidelines also require proper inspections and maintenance of the truck. Vehicle accidents may be caused by failed operating equipment. In some situations, a trucking company may be held liable if it knew of a truck’s mechanical problems but did not fix or address them.
Driving a cement mixer requires a commercial driving license, and it also requires proper judgment and common sense. The liquid concrete is extremely heavy and tends to shift during turns and other maneuvers. Thus, drivers must be experienced in handling the truck when it is empty, partially loaded or fully loaded. Drivers are typically responsible for calculating the amount of water required for desired slump, or the concrete mixture. The concrete is mixed on the truck, and the concrete is then delivered to job sites. Due to the nature of the cement mixture and deadlines for pouring the concrete, drivers may be charged by the trucking company if the cement mixture is not delivered on time or begins to harden. Unfortunately, this rush to complete a delivery may lead to poor driving decisions and driver errors that result in significant injury.
If a cement truck driver fails to drive carefully and this leads to an accident, they can be held financially liable for any injuries caused by their conduct. An example would be a driver who speeds to deliver their cement load and, while turning, causes the truck to roll over and collide with a passenger vehicle. If the driver of the passenger vehicle suffered injuries and property damage, they may be able to prove the negligence of the driver and recover compensation for their harm. Under this scenario, the victim might also be able to recover damages from the truck company under a negligent hiring or vicarious liability theory.
The types of damages that may be recovered in a truck accident lawsuit serve to put the victim where they would be had the accident not occurred. Due to the nature of truck crash cases, the damages are usually higher than in ordinary car accident cases. Injuries caused by cement trucks may result inpermanent disabilities and physical limitations. Since truck drivers are insured under commercial insurance policies, they have higher coverage limits. A victim should carefully document their medical treatment needs, including past and future treatment. This helps prove the full impact of their injuries and physical limitations. Not only may the victim recover compensation for their past, present, and future treatment needs, but also they may assert their right to recover compensation for their lost earnings and lost earning capacity. These refer to wages that cannot be collected because the victim suffered a physical disability in the accident or has a limitation that prevents them from earning their full potential.
Enlist an Experienced Truck Accident Lawyer in the Raleigh Area to Protect Your Rights
Truck accident victims have a right to recover compensation from drivers, the cement company, the truck’s owners, and other parties that may have contributed to causing the collision. At Nagle & Associates, we provide personalized service that focuses on pursuing maximum compensation on behalf of every client. Raleigh truck accident attorney Carl Nagle formerly worked in the insurance industry, and he knows how to fight back against insurance companies’ attempts to minimize payouts to accident victims. Our legal fee reflects our intention to have our clients walk away with the highest recovery amount possible, since we charge only 25% of a settlement, compared to the 33% that most other firms charge. Our fee is pure contingency – meaning you pay nothing up front to hire us and we are paid only if and when we collect money for you. Also, we are glad to come to you if a visit to one of our offices is currently inconvenient. Our goal is to make the legal process very simple, and to fight for the highest possible settlement or trial verdict on your behalf. Please contact our office by calling (800) 411-1583 or completing our online form to set up a free consultation with a NC truck accident lawyer. We have seven offices throughout North Carolina and take pride in our record of serving victims in Asheville, Raleigh, Winston-Salem, Wilmington, Charlotte, Hickory, Greensboro, and other cities throughout Wake, Guilford, Durham, Catawba, Mecklenburg, Cumberland, and New Hanover Counties.