Override accidents refer to catastrophic situations in which a smaller vehicle is run over by a larger vehicle, typically a truck. People who have suffered injuries in an override accident have legal rights to assert, and skilled Raleigh truck accident attorney Carl Nagle at Nagle & Associates can help assert them. He has dedicated his career to maximizing compensation for injured individuals throughout North Carolina. In advocating for accident victims, he relies on his years working as an insurance defense attorney and claims adjuster to provide insights on opposing strategies. During his years in insurance defense, Mr. Nagle handled commercial trucking claims and he also defended truck drivers and trucking companies as their attorney in court. At Nagle & Associates, we aggressively seek to prove the full extent of both current and future injuries on behalf of truck and commercial vehicle accident victims throughout the state, including in Asheville, Winston-Salem, and Wilmington.Take Legal Action Following an Override Accident
Depending on the details of the situation, an injured individual may be able to bring a trucking accident case against the truck driver as well as the trucking company and the shippers who employed the trucker to carry their cargo. Negligent truck drivers may be held accountable for a failure to drive reasonably and to avoid causing harm to others on the road. Some drivers may use prescription pills to stay awake, for example, while others may speed in adverse conditions. When an injured victim demonstrates the driver owed them a duty of care, breached this duty, and directly caused their injuries and damages, they have proven the elements of a negligence claim.
Our law firm has handled many serious truck accident cases, and we are intimately familiar with the Federal Motor Carrier Safety Regulations which govern truck drivers and trucking companies. This body of federal law closely regulates the trucking industry, and there are numerous laws that limit truck drivers’ hours on the roadway (to prevent accidents caused by fatigue), driver speed and safety, equipment safety and all other aspects of long-haul trucking.
Following a truck accident, careful investigative steps should be taken to identify all root causes of the collision. Even after truck accidents resulting from obvious driving infractions, additional steps should be taken to determine whether the truck driver might have been fatigued or impaired, whether he/she was facing tight delivery deadlines, and all other factors that might have caused the crash. If equipment problems contributed to a truck accident, moreover, an injured plaintiff may have a legal claim against the manufacturer of the tires, the brakes, or another part that was responsible. In many cases, the insurers representing the trucking, leasing, and hauling companies dispute liability among themselves over who will be responsible for compensating the victim and their family. In the past, trucking companies sometimes tried to avoid liability by claiming that the driver was not their employee or that they did not own the equipment. Currently, laws and regulations govern these liability issues, and any company that owns a truck permit is responsible for accidents involving a truck with its name or placard on the vehicle.
As a defense to a legal claim for liability, the defendant in a motor vehicle collision case may argue that the victim partially contributed to the accident and their resulting injuries. As one of four states that recognize the pure contributory negligence rule, North Carolina provides that an injured person cannot recover compensation if they are even 1% responsible for the crash. In some situations, this defense may be overcome, such as by showing that the defendant truck driver had the last clear chance to avoid a collision but did not do so. The defendant would still be held accountable in that situation. However, arguments against the application of contributory negligence tend to be complex, and the guidance of a trucking accident attorney can play a critical role in helping victims navigate this process.
Tragically, many victims of override accidents lose their lives. Their family may be able to seek recourse through a wrongful death claim or lawsuit. This type of claim seeks compensation for the loss of a deceased loved one, usually including payments for all lost wages that the deceased would have earned up to the age of retirement, funeral expenses, medical expenses during the effort to revive the victim, and additional cash compensation for lost companionship, as well as other subjective forms of damages. Calculating damages in a wrongful death lawsuit can be complicated, since it is challenging to attach a monetary amount to the loss of care, protection, and guidance from the deceased person. However, a skilled personal injury attorney can present a persuasive case that illuminates the extent and depth of the relationship between a victim and their family.Retain a Raleigh Tractor Trailer Accident Attorney for Your Truck Accident Case
Raleigh truck accident lawyer Carl Nagle and the team at Nagle & Associates compassionately represent motor vehicle collision victims and their families. We strive to recover maximum compensation following an accident, taking the past, present, and future impact of the injuries into account. At Nagle & Associates, clients throughout North Carolina can rest assured that they will walk away with an especially large share of their compensation award from a settlement or trial. Unlike other law firms that receive 33% or more of the victim’s recovery, our lower ¼ or 25% fee leaves a larger share of a settlement for the accident victim and their loved ones. With seven offices throughout the state, we have helped victims who need a motor vehicle collision attorney in Hickory, Greensboro, Charlotte, Wilmington, Winston-Salem, and Asheville as well as other communities throughout Forsyth, Mecklenburg, Guilford, Wake, Brunswick, New Hanover, Durham, Cumberland, and Catawba Counties. For immediate answers and legal guidance, call our truck accident litigation team now at (800) 411-1583 or use our online form to set up a free consultation.