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School is back in session, which means more kids in the streets. Pedestrian injuries occur daily here in Charlotte, NC, and our firm regularly represents injured pedestrians in cases and claims against the drivers who hit them. According to a recent study like the one published by the Governors Highway Safety Association, pedestrian fatalities in 2016 were the highest ever recorded in a year.

Pedestrians range from children to the elderly, and while pedestrians have rights, there is no doubt they face unique dangers when interacting with motor vehicles in the roadways in Charlotte. Pedestrian injuries tend to be more severe than those sustained by drivers, because of how vulnerable they are to the impact of a moving vehicle.

I Was Hit – Do I Have A Case?

It is generally said that pedestrians have the right of way; however, a close examination of the laws of North Carolina reveal that not to be the case. More importantly, the question is whether you will prevail against a driver or their insurance company in a personal injury claim related to your injuries. A few questions always come up when your personal injury lawyer is trying to decide whether they can win a pedestrian injury case:

  • Were you in a crosswalk?
  • Were you on a sidewalk?
  • Were you wearing brightly-colored clothing?
  • What time of day was it?
  • Were you under the influence of alcohol or drugs?

While the answers to these questions don’t decide every pedestrian injury claim, they help to paint a picture regarding whether the injured individual played a contributing role in the accident.

Contributory Negligence

Contributory Negligence is one of the primary obstacles to winning a pedestrian claim. In North Carolina, plaintiffs find out very quickly about contributory negligence. Most states follow comparative negligence. So, for instance, if you were 25% at fault for your pedestrian injury because you were not in a crosswalk, a jury would be instructed to reduce your jury award by 25%. In North Carolina, however, if you’re 1% or more responsible for the injury you sustained, a jury will be instructed not to give you anything for your injury. This makes the list of questions above even more important to winning a pedestrian injury claim.

Talk To A Pedestrian Injuries Lawyer

A personal injury lawyer or law firm will handle claims which involve pedestrian injuries. Our firm has had success representing pedestrians in the past and we continue to pride ourselves on aggressively representing pedestrians who have been injured by automobiles. Call today for a free consultation. We can be reached at 704.749.7747 or you can request a call by clicking HERE. We hope you’ll choose to Recover With Us.

medical payments

Medical Payments coverage (or “Med Pay”) is an available amount of money which can be applied directly to your outstanding medical bills. These funds are in addition to any settlement you reach with an insurance company related to a car accident or a slip and fall in North Carolina. This article will help you to understand Medical Payments coverage and how it works in the personal injury arena. Additionally, please feel free to reach out to us HERE if you have any questions.

Medical Payments Eligibility

Not every auto insurance policy contains Med Pay coverage; however, if you purchased Med Pay coverage, you declarations page will list the coverage. You can also call your insurance agent or insurance company to ask. In order to access Medical Payments coverage under your auto insurance policy, your medical bills must have been generated from an injury sustained in a car accident.

Medical bills resulting from an injury sustained on a business property may also be entitled to Med Pay coverage. Your personal injury lawyer will inquire as to whether the premises liability coverage maintained by the business owner contains Medical Payments coverage.

Medical Payments Coverage And Personal Injury Settlement

Your settlement with an insurance company for a liability claim stemming from a car accident or slip and fall on a business premise will not be affected by the Med Pay coverage. This coverage is separate from your personal injury settlement. When Medical Payments coverage is available, quite often it means that the funds from your personal injury settlement will be spent less on medical bills and more money will go to you, the injured person.

Medical Payments And Personal Injury Attorney Fees

Your personal injury attorney is not permitted to take a 1/3 contingency fee from your Medical Payments proceeds; however, most personal injury attorneys charge a small administrative charge for processing the Med Pay check and orchestrating the claim with the insurance adjuster. This is the customary and allowable practice in North Carolina.

Do I Have Medical Payments Coverage?

Call our office today and we can help you determine if you have Med Pay coverage. We will explain the process for obtaining the benefits of that coverage, and discuss your personal injury claim with you as well. You can reach us at 704.749.7747 or click HERE to request a call. We’re here to help and we hope you choose to Recover With Us.

Further Reading

To read over 100 articles we’ve written about personal injury topics, please visit our Personal Injury Blog page.

air bag injuries

Are you the victim of an air bag injury? Air bag injuries sustained in an auto accident are common occurrences. Personal injury clients call our office every day and describe the air bag injuries they’ve sustained. Your personal injury claim will compensate you for all injuries sustained as a result of the accident, including but not limited to, air bag injuries.

Air Bag Injuries and Medical Records

Your Charlotte personal injury lawyer should ask you for a detailed list of your injuries. Your injury lawyer should also thoroughly review your medical records with you, which is done in preparation for detailing all injuries you sustained in your auto accident. If you told your doctor that your air bag deployed in the accident, those notes will be contained in the medical records. Your attorney will retrieve your medical records for you as part of your personal injury representation.

The following air bag injuries are common in auto accidents. Compensation can be sought for each:

  • Bruising / Contusions
  • Concussion
  • Broken jaw or fragmented bone
  • Death

Air Bag Injuries and Personal Injury

Air bag injuries are often a natural byproduct of your auto accident. If the air bag was defective, you may pursue a claim against the vehicle manufacturer. Your Charlotte personal injury lawyer will discuss your options with you. Generally, you can pursue the driver of the vehicle that caused the auto accident, and include your air bag injury in your request for compensation under that personal injury claim.

Compensation for Air Bag Injuries

You are entitled to compensation for the following:

  • Medical Bills
  • Lost Wages
  • Disfigurement
  • Bodily Injury
  • Pain and Suffering
  • Permanent Disability
  • Death

Together, these damages constitute your persona injury claim.

Call A Charlotte Personal Injury Attorney

Call a personal injury attorney today. We can help and the call is free. You can call 704.749.7747 to speak with a Charlotte personal injury attorney, or click HERE to request that we call you. We hope you choose to Recover With Us.

Bike accidents in Charlotte, NC increase annually as the city grows. Smart bicyclists follow the rules of the road when they are out riding. Bicycle owners ensure their safety by increasing their knowledge of these rules. Recognize that according to N.C.G.S. Sec. 20-4.01(49):

bicycles shall be deemed vehicles and every rider of a bicycle upon a highway shall be subject to the provisions of this chapter

Avoiding Bike Accidents

To avoid bike accidents, start by abiding by the rules of the road. Bicycles are treated as vehicles, per the statute above. Generally, this means the bicycle rules of the road are the same rules that a car follows, including the following: yield to traffic already established in the roadway, drive on the right side of the road, yield before entering a primary road, and yield before moving laterally or turning.  These rules were created for your personal safety and should be followed. A great many bicycle accidents could be avoided if more of us followed these guidelines.

When to Yield

  • To established traffic
  • Before turning or moving laterally (an exception is when you have a green arrow)
  • Before entering a primary roadway (from a side street or otherwise)
  • Stop signs, one way streets, traffic lights, etc

Safety Requirements and Personal Injury

If you are injured in an accident with a vehicle, quite often the insurance company representing the driver will want to know whether you had reflective wear or if you were wearing bright clothing. The success of a bicycle personal injury claim or a pedestrian personal injury claim can turn on this point. Not only should reflectors and lights be worn on the person, but they should also be attached to the bicycle and helmet.

Pedestrians are not as easily visible as other vehicles, which may be equipped with bright lights and reflectors. The size of another vehicle such as a car, generally means it will be noticed. When you’re walking or operating a bicycle, not only are you typically on the ‘side’ of the road, but additionally you are a smaller object occupying less space in the field of vision of other drivers. As a result, you can avoid accidents by taking extra safety precautions. These same precautions provide you with legal protection in the event you are injured by another driver.

Are Bicycles/Bicyclists Treated as Vehicles or as Pedestrians?

Bicyclists on some occasions are considered pedestrians, rather than being considered operators of a vehicle (bicycle). One example is where someone on a bicycle is riding the bicycle on the sidewalk. In some instances, this individual will be treated as a pedestrian, for legal purposes, or it will be argued that by failing to operate the bicycle in a manner designed to alert other drivers of his presence, the bicyclist has compromised his or her rights against other drivers.

BikeWalk NC

BikeWalk NC is a great resource for rules of the road for bicyclists as well as other material. You can access it HERE.

Call A Lawyer

If you or someone you know has been injured while riding a bicycle, please call us to find out your rights. We are more than happy to hear your story and give you a complimentary assessment of your case or claim. If we can’t take your case for some reason, we will help to refer you to another lawyer that we trust, who can assist you. If you’d like to speak with an attorney today, call 704.749.7747 or click HERE to send us a request for a phone consultation. We hope you’ll choose to Recover With Us.

Workers’ Comp: Claims and Benefits

To apply for a Workers’ Comp claim you will have to establish that the injury was within the scope of employment. Otherwise you may not be able to file for a Workers’ Comp claim. Generally, if your injury was sustained while within the scope of employment, your lawyer and doctor will work together to make a determination regarding the benefits you deserve.

 

Your Workers’ Comp lawyer will generally negotiate with the insurance adjuster for the employer’s insurance company regarding your missed pay or wages, as well as any percentage impairment you’re entitled to receive. Keep in mind that if you have a Workers’ Comp claim you can’t also pursue a personal injury claim against the employer for the same incident. You do not however, have to prove negligence in order to file a Workers’ Comp claim.

Workers’ Comp Denied?

There are many reasons that your Workers’ Comp claim can be denied. Perhaps your injury was not being within the scope of employment, you perhaps you failed to file within the required amount of time. Additionally, a Workers’ Comp claim or the value of the claim, can be compromised if you failed to seek proper medical treatment for your injury.

 

If your claim is denied, you can appeal the denial of your claim. The denial letter should provide a certain amount of days by which you need to appeal, otherwise your right to appeal will be lost. You will be asked to provide any medical or employment documentation of your injury in your appeal. If you do decide to appeal it is an arduous process best undertaken by an attorney who can adequately assist you in protecting your rights.

 

Returning To Work Early

Your doctor will be the voice of reason when it comes to returning to work. While youyou’re your lawyer will maintain contact with the employer or their insurance adjuster during your absence, it is not unusually to return to “light duty” work assignments as you heal from your injury.

 

Employers are allowed to replace injured workers, however, and you should be prepared that you may lose your position due to extensive time away from the job. If you return to work with another employer, keep in mind that may have ramifications on your Workers’ Comp claim—your lawyer should be consulted before you engage in employment with another employer.

 

Components of A Settlement

Workers’ Comp covers wage loss benefits and medical expenses, but to the surprise of most clients, it does not provide for pain and suffering. You also cannot sue for cause of disability or cause of injury within your Workers’ Comp claim. Future earning capacity should be addressed in your claim, and these benefits are calculated in a similar manner to your permanent or partial disability benefits.

 

What Your Attorney Can Do For You

Your attorney can help you determine the value of your Workers’ Comp claim as well as file the claim, manage it on your behalf, and negotiate your best result. Your attorney will fight to help you receive the benefits you deserve. Your Workers’ Comp attorney will also help to ensure that your claim and you are both taken care of in the most efficient and caring way.

Call A Workers’ Comp Lawyer Today

If you or someone you love has been injured on the job, please call us to find out your rights. We are more than happy to hear your story and give you a complimentary assessment of your case or claim. If we can’t take your case for some reason, we will help refer you to another trusted lawyer or law firm that can assist you. If you’d like to speak with an attorney today, call 704.749.7747 or click HERE to send us a request for a phone consultation. We hope you’ll choose to Recover With Us.

Although the Fourth of July celebrations are behind us, firework displays will continue to entertain spectators throughout the summer season, whether at city and town parks, baseball games, outdoor concerts or other events.

While these displays bring delight to people of all ages and fireworks disasters are not common,  accidents can happen. Of course, the majority of fireworks-related accidents occur at home in backyard displays. Nonetheless, if you were injured in a fireworks accident at a personal or public display, you may have grounds for a personal injury lawsuit.

The Perils of Fireworks

Most fireworks injuries are caused by common mistakes by consumers such as holding onto lit fireworks, short fuses, or lighting fireworks to close to other people and buildings. The risk of injury escalates if there are manufacturing or design defects in the fireworks or inadequate warning labels.

Additionally, there are many ways in which fireworks can malfunction, either by exploding prematurely or in an unexpected way. The dangers are greater for fireworks like roman candles, bottle rockets and other projectiles that take unexpected flight paths and cause injuries to onlookers or damage to nearby building and vehicles.

Although such fireworks are illegal in many states, users can avoid injuries by always following directions on a package, and exercise caution not to injure themselves, others, or cause damage to personal property.

Fireworks Accident Statistics

According to the Consumer Products Safety Commission (CPSC), in 2016, fireworks contributed to more than 11,000 injuries and four people died from the direct impact of fireworks. A further looks at the CPSC’s figures shows that:

  • Between 2001 and 2016, there were an average of 7.1 fireworks-related deaths reported each year
  • An estimated 11,100 fireworks injuries were treated in U.S. hospital emergency departments
  • 68 percent of the these injuries occurred between June 18 and July 18
  • 61 percent of the injury victims were males, 39 percent were females
  • Children younger than 15 years of age accounted for 31 percent of the injuries
  • Young adults 20 to 24 years of age had the highest rate of treated fireworks injuries
  • 900 treated injuries were associated with sparklers, 400 with bottle rockets, 1,300 with firecrackers (about 4 percent of which were illegal)
  • Most injuries occurred to the hands and fingers (about 33 percent), followed by the head, face, and ears (20 percent), legs (18 percent), eyes (9 percent), and arms (8 percent).
  • Sixty-nine percent of these injuries were burns to all parts of the body, except the eyes, where contusions, lacerations, and foreign objects lodged in the eye were reported.

Legal Remedies for Fireworks Injuries

An individual who is injured in a fireworks accident may be able to recover damages, provided that he or she can show the injuries were the result of another’s negligence.

If a spectator is injured at a public fireworks display, for example, the promoter of the event and the fireworks company may be held liable. Although state law may limit a municipality’s liability,  a town, city or county has a duty to protect onlookers from injuries. In any event, promoters are required to keep spectators at a reasonably safe distance so that they are not injured by the discharge of the fireworks or falling, flaming debris.

If the injury was caused by a fireworks malfunction, it may also be possible to bring a product liability lawsuit against the manufacturer or the retailer. At the same time, the majority of fireworks are produced overseas, so it may be difficult to identify the negligent party. However, importers of foreign-made fireworks can also be held liable for injuries.

When it comes to backyard displays, there are a host of legal challenges here as well. Let’s say a person is at a neighbor’s barbeque and is injured by fireworks the property owner was lighting. In this situation, it may be possible to bring a premises liability lawsuit against the property owner. Finally, whether someone who is injured while lighting fireworks can recover damages depends on a host of factors: Does state law prohibit the use of fireworks? Were there adequate warning labels on the package? Did the fireworks malfunction? Did the user act recklessly and contribute to his or her injuries?

The Takeaway

Public fireworks displays can be awe inspiring, and these events are usually safe for spectators, provided that the promoters and spectators take proper precautions. Similarly, personal use of fireworks are a thrill for many people, but perhaps it’s best to leave it to the professionals. In any event, if you suffered a fireworks injury, a personal injury attorney may be able to help you obtain compensation.

About The Author

Yosi Yahoudai is a founder and the managing partner of J&Y Law. Yosi is an inspired, aggressive and successful advocate for his clients especially those injured by fireworks. He is personally committed to making a difference in his clients’ lives. Nothing makes Yosi happier than getting his clients’ lives back on track.

car accident personal injury lawyer charlotte nc

Your car accident may necessitate hiring a personal injury lawyer. I am a Charlotte personal injury lawyer who handles car accidents every day. As a result, I assist clients with the numerous challenges while advancing a personal injury claim. There are some instances where it’s appropriate to settle your car accident claim without a lawyer. However, experience shows me that in most cases a personal injury lawyer will help you achieve better results than you could on your own.

Is My Accident A Car Accident?

Any injury involving a car typically is covered under the insurance policy for the vehicle. Some obvious examples include being rear-ended, hit by a tractor-trailer, or hit crossing the street. In fact, even a fact scenario where a dog jumps out of a car and the dog bites a passer-by may be covered by the auto insurance policy. Establishing a claim and accessing the insurance policy proceeds is the attorney’s job. As a result, your personal injury lawyer’s examination of the facts and application of them to existing North Carolina case law is key.

Starting An Insurance Claim

Once your personal injury lawyer identifies the appropriate insurance carrier, he starts a claim and the claim is assigned an insurance adjuster. While your lawyer and the adjuster work together throughout the claim, in hopes of settling the claim for an amount you are happy with. At the start of the claim, the lawyer lays the foundation for recovery and establishes that liability falls on the insurance carrier. This point is often argued. Therefore, whether you’re able to recover anything at all depends upon the insurance carrier accepting responsibility for the actions of their insured.

Gathering Medical Bills and Medical Records

Medical billing in a personal injury claim is unique. As a result, crtain medical provider including hospitals, ambulance services, and even your health insurance company are entitled to a lien against settlement proceeds. One of the valuable skills your injury lawyer brings to your car accident claim is identifying appropriate medical billing. Furthermore, your lawyer then negotiates that billing down so that you recover more from the settlement or lawsuit.

Keeping The Client Involved

One of the primary complaints about personal injury lawyers is that they don’t return phone calls. Second, is that they generally don’t keep their clients involved in the process. You should expect regular communication from your lawyer. When I am speaking with a client about their claim, we always establish when we will talk next. As a result, that gives us both the confidence that we will communicate regularly as things progress.

Get Representation Today

If you’ve been in a car accident, we’re here to help. A simple phone call to our office will help you understand your options. The consultation is free and we’d love to hear from you. If you’d like a free evaluation of your case, please click HERE to request a call. Or reach out to us at 704.749.7747. We hope you choose to Recover With Us.

What Is Workers’ Comp?

Workers compensation or (“Workers’ Comp”) is a state mandated insurance coverage that covers employees when they are hurt on the job. The primary difference between Workers’ Compensation (“Workers’ Comp”) and Personal Injury is that in order to establish a Workers’ Comp claim, you must be employed at the time of the injury, and the injury must be a direct result of the employment.

Entitlements from Workers’ comp include benefits such as medical care, coverage for rehabilitation services, indemnity wage benefits, and in certain cases death benefits. This type of claim does not provide for mental anguish or pain and suffering the way a personal injury claim might provide for such categories of damages.

Scope Of Employment

If you seek Workers’ Comp benefits, the employer will fight to make sure that the injury was within the scope of employment. The scope of employment is a way to determine whether the injury was an  “on the job” injury. This doesn’t require the employee was physically on the employer’s property. Quite often employees perform tasks which take them off the job site, though they are still within the scope of their employment. For example, the employer would more likely be liable if an employee on a construction site was hit by a falling pipe or injured in a trench collapse.

If the same employee was in a car accident while driving to get lunch at a gas station, the employer might argue at the time of the car accident, the employee was not performing his job and was “outside the scope of employment” and therefore the employer is not responsible. Of course, the employee may have a personal injury claim against the individual who hit his vehicle.

Medical Treatment In Workers’ Compensation

The employer or its insurance company has the right to direct the medical treatment of the injured employee. The reasoning for this is that the employer or insurance company will be paying for the treatment. The employee can petition the Industrial Commission of NC to change physicians if good grounds for doing so are established.

If an employer refuses to provide medical treatment in an emergency, the employee can and should seek medical treatment. Shortly following that treatment, the employee should notify the Industrial Commission and request approval retroactively.

Receiving Compensation

No compensation is due for an employee during the first seven days of missed work. However, if the loss of work exceeds twenty-one days then the employee is entitled to be compensated for all lost wages.

Payments for lost wages in a Workers’ Comp claim are made to the employee on a weekly basis, or sometimes on a monthly basis if authorized by the Industrial Commission of NC.

How Much Will I Get Paid?

The general formula for Workers’ Comp is 66 2/3 of the average pay per week, not to exceed $978.00 per week. This maximum weekly benefit is revisited and adjusted by the Industrial Commission every year.

You will receive your agreed upon wage until you are able to return to work, at which time your salary our hourly rate will resume and your Workers’ Comp claim will close.

Lawyers Fees In Workers’ Comp

Lawyers fees in Workers’ Comp cases must be approved by the state of NC, the Industrial Commission. Typically, those fees will be approved for up to 25% of the total settlement or award.

The injured employee benefits from this compensation structure in a few ways. First, the employee doesn’t owe the attorney anything if the attorney doesn’t win the case for the employee. Second, because most attorneys will get paid the exact same amount in a Workers’ Comp case, it allows the employee to choose a Workers’ Comp lawyer they want to work with—rather than choose the cheapest attorney for the job.

Call A Workers’ Comp Lawyer Today

If you or someone you love has been injured on the job, please call us to find out your rights. We are more than happy to hear your story and give you a complimentary assessment of your case or claim. If we can’t take your case for some reason, we will help refer you to another trusted lawyer or law firm that can assist you. If you’d like to speak with an attorney today, call 704.749.7747 or click HERE to send us a request for a phone consultation. We hope you’ll choose to Recover With Us.

Personal Injury is most important to us because it involves your health. Essentially, you are attempting to establish that another party—in a car accident or a slip and fall—is responsible for an injury you sustained. As a result, you are asking to be reimbursed for the expenses, pain and suffering you’ve already sustained, and then additionally asking to be compensated for the same in the future. While every client agrees there’s no amount of money that can make up for lost health, the goal is to obtain fair value for you if you’ve been injured.

Hiring A Personal Injury Lawyer

Some clients wrestle with the idea of hiring a personal injury lawyer. Perhaps you feel like you’re not the “kind of person who sues people,” or maybe you’re concerned that you could do better settling on your own without paying a lawyer fee. Both of these are legitimate concerns, but we encourage you to move past them. If you’ve been injured, you deserve the protection provided by having someone represent you. Our experience is that hiring a personal injury lawyer generally leads to better results for clients, as compared to taking on the case by themselves.

Your Inexperience Is A Detriment

A primary concern is that the insurance company may try to take advantage of your inexperience. This will manifest itself in seemingly minor ways, but in the end they add up to a significant difference for you, the injured party. You’ll find you’re only being offered the low end of value for your personal property damaged in a car accident; your injuries are being down-played by the adjuster; your lost wages are being challenged as excessive, and your medical treatment sometimes characterized as excessive. These are common strategies employed by the adjuster as negotiation techniques. If you take them to be facts because you aren’t accustomed to negotiating these items, you’ll end up settling for something less than full value.

Contributory Negligence

I get calls every day from clients who have been told by the insurance adjuster that their claim is being denied based on contributory negligence. This is yet another common strategy employed by insurance companies to devalue the claim of the injured. While contributory negligence is an issue in North Carolina, it is often used to convince the injured party they aren’t entitled to be compensated. An experienced personal injury lawyer will examine the facts associated you’re your claim, research the existing case law for similar fact patterns, and identify situations where juries in the past have found in favor of the injured party in circumstances like yours. This assists dramatically in overcoming the contributory negligence argument.

Case Value

Your personal injury lawyer not only has his or her own experience regarding past clients with similar injuries, but also has access to the collective knowledge of other personal injury lawyers in the community, and databases of research which help to determine the reasonable value of a claim based on injuries and factual circumstances. This helps to ensure you’re not settling to less than you deserve.

Negotiating Your Claim

Your lawyer will assist tremendously in negotiating your medical bills. This adds immediate value to your claim because it means more settlement dollars go to you instead of your medical providers. North Carolina has statutory protections for some medical providers which result in medical liens against personal injury settlement awards; however, your lawyer can present a proposed settlement to those medical providers and encourage them to accept a reduced amount of their bill in exchange for getting the case settled quickly. This involves presenting information to the medical providers which shows them not only their pro-rata share as compared to other medical providers, but also establishes with them the uncertainty of proceeding with a lawsuit which could result in the medical provider recovering nothing.

Your Time Is Valuable

Most personal injury cases take months to resolve, especially if the company feels they are not responsible. When you are represented by an injury lawyer, the stress and anxiety associated with communicating with the insurance company falls on the law firm, not on you. You’re able to get on with your life, knowing the law firm is moving your case forward by collecting medical records, medical billing, and negotiating your settlement with the adjuster.

Best Results

While I never promise specific results to clients, our experience is that clients rights are better protected with a personal injury law firm on their side. That protection manifests itself in many ways, one of which is knowing you’re receiving full value for your claim. Once a claim is settled and you release the insurance company and the at-fault party, there is no turning back. Our belief is it’s in your best interest to have professional guidance during this process.

Paying Your Lawyer

Our firm traditionally works on a contingency basis. This means “we don’t get paid unless you get paid.” We love this arrangement because we believe it inspires the law firm to always act in the best interest of the client. You can count on the fact that the lawyer isn’t working just for the sake of getting paid by the hour—they’re working on your case because they believe in the case. Similarly, when you receive an offer which is ‘low’ or under value, you can count on your attorney communicating that to you. Maximizing your settlement amount is in the interest of both you and your attorney. Similarly, if you receive a reasonable or fair offer, you’ll find your attorney will communicate this to you as well. The decision is always your as to whether to settle, but it’s a tough decision and it helps to know the lawyer is on the same side of the table as you.

If you or someone you love has been injured by fault of a company please call us to find out your rights. We are more than happy to hear your story and give you a complimentary assessment of your case or claim. If we can’t take your case for some reason, we will help refer you to another trusted lawyer or law firm who can assist you. If you’d like to speak with an attorney today, call 704.749.7747 or click HERE to send us a request for a phone consultation. We hope you’ll choose to Recover With Us.

Commercial vehicle accidents are quite common in North Carolina. Commercial Vehicles are the cause of 10 injuries or deaths a month in our state. The drivers of these vehicles have jobs; and with these jobs comes a schedule that their pay depends upon. Commercial vehicle drivers have to make deliveries on time and in unfortunate situations this may lead to fatigue, stress, or putting the delivery time over the safety of other drivers or pedestrians. The laws protecting drivers, passengers, and pedestrians are different. This article focuses on passengers or drivers in a car accident. If you were injured as a pedestrian, you can read more about pedestrian accidents on our site.

Trucks vs. Cars

There are a wide range of Commercial Vehicles. For instance some companies need an eighteen wheeler, while others accomplish their corporate job with a normal passenger vehicle. If you are involved in an accident with an eighteen wheeler then the results are typically much more dire than those resulting from an accident with a passenger vehicle in the same circumstances.

These vehicles carry heavy industrial items which, when reaching impact with another vehicle at high speeds, cause dramatic and often traumatic injuries and damage. Additionally, Commercial Vehicles are multiple times larger than the average private vehicle, leading to quite different results in the event of an accident. We’ve all driven past a tractor-trailer accident on a highway—sometimes displaying the frightening results of these accidents, including an over-turned vehicle, a crushed passenger vehicle, or worse.

Insurance In A Commercial Vehicle Accident

A common question that comes from clients who have been in these accidents is: Whose insurance is going to pay for the property damage and the bodily injury? Depending upon the specific facts of the accident, the answer may vary. If the driver is employed by the company, we typically look to the corporate insurance policy. If it is determined that the driver is an independent contractor, your personal injury lawyer will help you decide which insurance provider to pursue, if not both.

Additionally, factual questions must be answered, in an attempt to predict the response from the at fault driver. Sometimes these inquiries lead to a discovery that the driver may have done something with the vehicle that had nothing to do with the job for which they were hired. If a UPS truck driven by a UPS employee suddenly hits you or your vehicle while carrying out a delivery, then the company is liable, but if the driver drives the truck to their daughter’s birthday party in the course of that ‘errand’ causes an accident, the argument can be made that the driver was doing something for which the company was not liable. Additionally, intentional acts outside the scope of employment may lead to different outcomes.

Post-Accident Actions

Police reports associated with the Commercial Vehicle accident can assist in supporting your claim that the other driver was at fault. It is always recommended to call the police and insist on not only exchanging driver information but also insist on the generation of a police report. If you were hit by another driver but there is absolutely no evidence of that other than your account, you will have a much harder time establishing fault and liability. Police reports are important because they also establish the location, time, and identification of all parties and of the accident. If you were in an accident and have not obtained your police report, we are happy to do it for you at no charge. Just call us and we’ll ask a few questions to help us identify the report online and download it. Or, if you’d like to do it yourself, you can do so HERE for a small fee from the County. You’ll need your driver exchange crash form or enough information about the accident to help their automated system identify the report.

Seek Medical Attention

If you are injured in an accident, it’s advisable to seek medical attention immediately. Immediate medical attention can prevent further health complications which can develop quickly on the heels of an accident. Internal bleeding and other injuries are sometimes not detectable or noticeable just after an accident—only a medical professional can assure you that you are not injured, or treat the injuries you do have. Additionally, an insurance company will hold it against you if you wait to seek medical attention. They quite often argue that if you were injured in the accident you would have sought medical attention immediately. Alternatively, they argue that if you waited to seek medical attention, perhaps your injury actually occurred some time between the accident and the time you sought medical attention. Either claim by an insurance company can lead to a lowered value in your case.

Call A Personal Injury Lawyer

If you or someone you love has been struck by a Commercial Vehicle, please call us to find out your rights. We are more than happy to hear your story and give you a complimentary assessment of your case or claim. If we can not take your case for some reason, we will help to refer you to another lawyer that we trust, who can assist you. If you’d like to speak with an attorney today, call 704.749.7747 or click HERE to send us a request for a phone consultation. We hope you’ll choose to Recover With Us.