Posts

rear end collision demand letter

Rear End Collision Demand Letter

If you are in search of a rear end collision demand letter, you have either received one or you are preparing to write one. In either case, you should speak with a personal injury lawyer about your rights. It may be tempting to settle a car accident claim on your own; however, individuals routinely compromise their rights and settle for less than a fair amount when doing so. Call us at 704.749.7747 or click for a FREE CASE EVALUATION and you will receive a call from a lawyer today.

Rear End Collision Personal Injury Process

Were you in a rear end collision? If so, there is a process you personal injury attorney will go through before presenting your claim to the insurance company. First, you will complete intake paperwork. This is necessary to form a contract between you and your personal injury attorney. Second, your attorney will send a Letter of Representation to the insurance company representing the at-fault party. Lastly, your attorney will gather all of your medical records and medical billing associated with the injury. This insures you are addressing any Medical Liens associated with the personal injury claim.

Drafting Your Rear End Collision Demand Letter

Your injury attorney will confirm your treatment with you once all medical records and billing have arrived in the lawyer’s office. Together with a description of the facts, these become the cornerstone content for your demand letter. Essentially, your medical records and bills tell the story of your injury. As a result, your attorney will refer to those records and bills when building your case in the demand letter.

Additional Demand Letter Items

In addition to the records and billing, your rear end collision demand letter will contain any Special Damages you experienced as a result of the accident. Special damages often change what your personal injury settlement is worth.  These range from missing important life events to the inability to carry out life as you did prior to the accident. Lastly, your attorney will request lost wages from you. Often, your employer is required to sign off on a lost wages affidavit. Lastly, if you are self-employed, your attorney may request a few years of tax returns to demonstrate your lost wages.

Reviewing Your Rear End Collision Demand Letter

You will have a chance to review the rear end collision demand letter with your lawyer. It’s important that you carefully review the chronology of medical treatment. If you notice any billing is missing from the demand letter, you can notify your attorney as well. Your demand amount is often a function of your medical billing. As a result, discovering all billing prior to submitting the demand letter is crucial.

Remember, the review process is a chance for you to assist your attorney in telling the story of your claim. The demand letter should paint a complete picture for the insurance adjuster. It is an opportunity to demonstrate how your life has been affected by the accident. It is also a chance to remind the insurance adjuster there is a human being who was affected—it’s not just a ‘numbers game.’

Submitting The Demand Letter

Your attorney will submit your rear end collision demand letter. It’s important to remember that the letter will be submitted with bills and records. As a result, the total package submitted often contains in excess of 1,000 pages of material. The demand letter serves as the table of contents for that material.

The insurance adjuster should confirm receipt of the demand package to your personal injury attorney. After submitting the letter, it will most likely take 45-60 days for the adjuster to review the demand package. Your attorney will dutifully check with the adjuster for updates as time passes. Ultimately, the adjuster should make an offer to settle the claim.

Further Reading

You may want to read our post about how long your personal injury settlement will take. You can also see over 100 articles on our Personal Injury Blog page.

Speak With A Personal Injury Lawyer Today

If you were injured in a rear end car accident, you should speak with a lawyer today. Personal injury lawyers help protect your rights against aggressive insurance companies. Additionally, the call is free. You can reach us at 704.749.7747 or click for a FREE CASE EVALUATION and an attorney will call you today.

bankruptcy expertise

How Personal Injury Settlements Work

Understanding how personal injury settlements work will shed some light on the process behind a personal injury claim. The journey from your car accident date to the date you receive your personal injury settlement can be a very long one. Rest assured, your personal injury attorney is diligently working each part of your claim throughout the process. Generally, the phases of a claim leading up to understanding how personal injury settlements work, includes the following:

Starting A Claim – The law firm will send a letter of representation on your behalf, to let the other driver’s insurance company know we represent you. This also helps to confirm if there is insurance coverage, or whether you may need to pursue a Uninsured/Underinsured Motorist Claim.

Gathering Medical Records and Bills – Your medical records and medical bills become evidence in your personal injury claim or at trial. They are used to help establish the value of your claim.

Establishing Lost Wages – If you missed work due to your personal injury, we will establish a lost wages claim which becomes a component of our demand package for the insurance adjuster.

Establishing Other Special Damages – If you have other special damages related to the injury, we will disclose those and place a value on them. Examples include: missing a family wedding, missing a vacation, etc.

Reviewing Your Demand Package – We will carefully review your demand letter before sending it out to the insurance adjuster. We are sure to get your approval and input when suggesting an appropriate settlement amount in the demand letter.

Submitting Your Demand Package – Our firm delivers the demand package to the insurance adjuster and confirms receipt of the package. We also provide any additional information requested by the adjuster after their initial review of the package.

The next part in understanding how personal injury settlements work relates to negotiating the claim. It is rare for the insurance company to give us exactly what we asked for. As a result, we will need to defend our position and show a willingness to compromise, at many stages of negotiating the claim. Once we have a first offer from the insurance company, we can decide on our next steps together, before responding with a counter-offer of our own.

Hopefully, after a few rounds of negotiations, both sides are able to reach an agreed upon settlement amount. However, before you agree to that settlement amount, it’s important to consider having us negotiate your medical billing for you. This can dramatically change the amount you receive from your settlement.

Negotiating Medical Billing

Once we know the top settlement offer, we will approach each billing provider and request a reduction in their fees. There are NC statutes which assist us in successfully doing so, like NCGS 44-49 and NCGS 44-50. Those statutes serve to limit the amount of your settlement which must go to billing providers.

Negotiating Medical Liens

Much like medical bills, understanding how personal injury settlements work includes understanding that your health insurance company may have a lien against your personal injury settlement. This lien needs to be negotiated as part of the overall settlement, prior to you accepting the settlement offer.

Reviewing The Settlement Statement

Finally, after we’ve reached a settlement amount, and after we’ve negotiated bills and liens for you, you will be presented with a settlement statement. This shows all incoming funds (the settlement amount), and continues to show you where each penny is going. This of course includes the final amount going to you. The settlement statement is helpful in understanding how personal injury settlements work, because it shows you all of the pieces of the puzzle together in one place.

Receiving Your Check

When you sign the settlement statement, you’ll receive your check. Your check is written on a NC Attorney IOLTA trust account, and as such, your bank should treat the funds as certified funds. They should be available immediately upon deposit.

Further Reading

You can click to read over 100 articles on our our Personal Injury Blog. Or you can read a specific article like When To Hire A Personal Injury Lawyer.

Speak With A Personal Injury Lawyer Today

If you have questions about how personal injury settlements work, or if you’d like to speak with us about an accident you were in, please call 704.749.7747 or click for a FREE CASE EVALUATION and we will reach out today. We know you have options. We hope you choose to Recover With Us.

Child Attorney

If you have a minor child injured in North Carolina, you may want to speak to a Child Injury Lawyer in Charlotte, NC. When a child is injured in a pedestrian accident, a slip and fall, or a car accident, you may be able to recover from the at-fault party.

What Makes A Good Child Injury Lawyer?

Generally, a personal injury law firm that handles claims on behalf of adults is competent to handle claims for children or minors. We have found over the years that the ability to connect with the child is a critical element to successfully negotiating personal injury claims involving children. Quite often, the child’s story or version of the facts may change, because their memory is different from the memory of adults. Your personal injury attorney will be able to assist in helping the child clearly remember the facts, without attempting to change or distort them.

Connecting with a minor or a child is a critical part of a healthy attorney-client relationship. While a parent or a Guardian Ad Litem will ultimately represent the child’s best interests, the child’s interaction with the law firm should help the child feel comfortable and protected. Great personal injury attorneys understand that a different set of communication skills is necessary to accomplish these tasks when a child is involved.

Will We Have To File A Lawsuit For A Minor?

Some claims settle without the need for a lawsuit; however, if the claim is to be settled for more than $5,000.00, the insurance company will typically require court approval. The reason for doing so arises out of a fear that when the child reaches the age of majority, they could argue that the insurance company treated them unfairly. By requiring court approval for the settlement, the insurance company is protected. Additionally, parents are protected in this environment as well. If you reach a settlement agreement prior to filing the lawsuit, the lawsuit is typically referred to as a “Friendly Lawsuit” and will not involve depositions, or having the child take the witness stand. The parties are simply asking for court approval for the settlement amount.

Should We Speak With A Charlotte Personal Injury Attorney?

If your minor child has been injured and you believe another party may be at fault, you should speak with a child injury lawyer in Charlotte, NC. The call is known as a consultation, and it is free. Our goal is to provide you with advice and to help you understand your options. You can call us at 704.749.7747 or click HERE to request a phone call. We know you have options. We hope you choose to Recover With Us.

Personal Injury Calculator

We have found that our personal injury clients simply want to be treated fairly by insurance companies. Deciding what is fair treatment can be a difficult proposition. The definition of a fair settlement changes depending upon the facts surrounding the accident. Lastly, because each case is unique, hiring a personal injury lawyer to assist you can make all the difference. While settling your claim without a personal injury lawyer is possible, we have found clients receive better settlements with the help of an attorney.

How Is My Settlement Calculated?

A NC personal injury calculator can be quite misleading. Most personal injury settlements are based upon a combination of compensation for Medical Bills, Lost Wages, Pain and Suffering, and Special Damages. Because the facts surrounding each accident are different, these calculations may be adjusted in numerous ways. For instance, the same injuries sustained in a rear-end collision may receive a higher settlement than those sustained in a slip and fall accident. The reason for this is the insurance company defending the case may believe you contributed to the slip and fall injury, and will discount the settlement accordingly. This is the concept of Contributory Negligence, and it can result in no recovery at all.

Will I Receive A Breakdown Of My Settlement Calculations?

Generally, no. Your personal injury lawyer will submit a detailed demand package which sets out a theory of liability, medical treatment, and damages. That demand package will include specific amounts for medical bills, lost wages, and any additional damages. However, the insurance company’s offer of settlement will typically be a lump sum amount. To help you understand the settlement offer, we will show you how your personal injury settlement proceeds will be applied to your case, and show you a final amount which you will receive.

While some clients desire to know specifically how much the insurance company is allotting for medical bills, lost wages and pain and suffering, the easiest way to think about your settlement is in terms of how much you will receive after payments to all parties have been made. You should know this amount prior to accepting your personal injury settlement. This is generally presented to you by your personal injury lawyer in the form of a Settlement Statement.

Is There An Online NC Personal Injury Calculator?

If you find an online personal injury calculator, you should be weary of it. The value of your settlement will depend upon so many very specific factors, and a calculator simply can’t account for all of them. If each claim was exactly alike, the need for representation by a NC personal injury lawyer would not be as important. Because each claim is unique, the expertise your personal injury lawyer has will increase the value of your claim as the lawyer argues the value of your claim with the insurance adjuster.

What Factors Will My Attorney Argue About With The Adjuster?

First, your attorney must put forth a theory of liability to establish the other party was at fault. If you were rear-ended, this is admittedly easier in North Carolina. In a multiple vehicle “pile up”, this task becomes much more difficult. The same is true of a slip and fall in a grocery store or retail store. The insurance adjuster will argue, for instance, that you contributed to the vehicle accident, or that you contributed to the slip and fall in some manner. They will use this theory to de-value your claim, no matter what the injuries were.

Successful arguments related to the following items can make all the difference:

  • Lost Wages – Your attorney will establish you actually lost wages due to the accident. We negotiate lost wages where adjusters believe the injured party should have returned to work more quickly.
  • Medical Bills—Quite often the insurance adjuster will argue the injured party received ‘excessive treatment’ and will not want to pay for all of it. Your personal injury lawyer will examine the treatment notes and defend the treatment you received as necessary and ordinary for the injuries.
  • Pain and Suffering—Your personal injury attorney will tell the story surrounding your injury. This humanizes you in the eyes of the insurance adjuster and when done convincingly, increases the value of your claim.
  • Special Damages—If the injury you sustained led to missing out on important life events (A wedding, or a graduation, for example), the attorney will put the adjuster on notice of those Special Damages and argue for compensation related to them.
  • Threat of Lawsuit—Perhaps one of the strongest reasons for employing a personal injury lawyer is that the insurance company sees the case differently when negotiating with a lawyer. They know if a resolution can’t be reached, they face having to defend a lawsuit which could cost them considerably.

What Are My Next Steps

If you’ve been injured in an accident of any type, you should speak with a NC personal injury lawyer. Our firm—and most firms—offer free consultations by phone or in person. There is no commitment to hire us, and the goal is to help you understand your options. You can call us at 704.749.7747 or click HERE to request a phone call. We know you have choices. We hope you choose to Recover With Us.

Accident lawyers in Charlotte assist individuals who have been injured as the result of a car accident, pedestrian accident, or some other type of vehicular accident. Choosing your accident lawyer is an important part of your personal injury claim and can make a significant difference in the outcome of your case.

There are numerous choices when it comes to accident lawyers in Charlotte, and it is our opinion and experience that many of them do an excellent job for their personal injury clients. We believe that a successful relationship with a personal injury client comes down to results and relationship.

Your Personal Injury Lawyer Relationship

Entering into an agreement for legal representation creates a close relationship between the accident lawyer and the client. With every relationship comes expectations, challenges, and hopefully rewarding results. Our promise to you is to keep you informed of the status of your case, and to make sure you understand your options at any time along the way to resolving the claim or navigating the lawsuit.

Unlike other firms where it’s nearly impossible to speak to the attorney, you will always have access to your accident lawyer and paralegal.

Results

We can’t promise results. What we promise is that we will do everything in our power to maximize your results and obtain a result with which you are satisfied. No case settles without your prior advanced permission, and you’ll know your final take-home amount before saying yes to an offer from a personal injury insurance adjuster. Accident lawyers in Charlotte earn their good reputation with clients by not only obtaining the best offer possible from the insurance company, but also by negotiating with medical billing providers in those instances where it makes sense to do so. This means less of your personal injury settlement goes to medical creditors and more of it goes to you.

Call A Charlotte Accident Lawyer Today

We’re here to provide guidance, whether you decide to hire us or not. The call is free. Find out more about your rights and options by speaking with a Charlotte accident lawyer. You can reach us at 704.749.7747 or click HERE to request a call. We know you have choices. We hope you choose to Recover With Us.

If you or a loved one have been injured in a boating accident, call us at 704.749.7747 to speak to a lawyer today. The phone consultation is free and our goal is for you to better understand your options as a result of the call. There is no obligation to select our firm to represent you—we’re happy to just to give you the help you need.

Miles and Miles of Coastline

The lakes surrounding Charlotte, NC offer endless opportunities for adventure and relaxation; however, with Lake Norman alone boasting 520 miles of shoreline, there are bound to be boating accidents. When clients call our office with questions about boating accidents, quite often they are looking for clarification around determining fault. The reason for this is that the “rules of the road” are not as clearly defined in the water as they are on our roads and highways.

Boating accidents can be the result of two boats colliding, boats colliding with obstacles in the water, or mechanical failures of the boat. When you add the likelihood of swimmers, water skiers, and unrestrained passengers, the outcome can be deadly. All too often, alcohol is a contributing factor in boating accidents, and inebriated boat operators face additional charges for Boating While Intoxicated (BWI).

Common Injuries in Boating Accidents

Injuries resulting from boating accidents can be similar to those resulting from car accidents; however, with the presence of water there is the ever-present threat of drowning. Common injuries include:

  • Drowning
  • Broken Bones
  • Concussions
  • Property Damage
  • Soft Tissue Injuries
  • Injuries to Children
  • Injuries to the Elderly

The North Carolina Wildlife Resources Commission compiles annual statistics related to boating accidents which can be viewed HERE.

Speak With A Boating Accident Attorney

The next step you can take to find out whether you have a negligence claim related to a boating accident is to speak with a personal injury lawyer. Call us at 704.749.7747 for a free phone consultation. Or, you can click HERE to request a call from us. We know you have choices, and we hope you  choose to Recover With Us.

fair settlement

Everyone wants a fair personal injury settlement, and over the years, we have found that most personal injury clients’ primary desire is to be treated fairly. They are not looking for a pay day. That being said, clients calling to discuss their personal injury claim with us routinely ask what their claim is worth. While we hesitate to predict what an individual might receive in a personal injury settlement or a jury verdict, we consult a few factors to assist us:

Who Was At Fault

Parties often disagree on who was at fault for in any given auto accident or slip and fall claim. Quite often, in a car accident, both parties experience injuries as a result of the accident. The key to being compensated for your injuries begins with convincing the opposing insurance company their driver was at fault. If you can’t prove liability (in court) or convince the other side to accept liability (in or out of court), then regardless of your injuries, you will not recovery anything. This factor takes on a more complicated analysis when the injury is the result of a slip and fall accident.

Valuing Your Injury

Insurance companies and juries will typically value your injuries based on some factor of your medical billing, together with lost wages, pain and suffering, and any other special circumstances your injury caused or will cause in the future. Your disability rating is considered together with these factors, if you have one. Mecklenburg county juries are conservative when it comes to damages for personal injury plaintiffs. While this is reflected when an insurance company offers a settlement amount, you’ll find your personal injury attorney will add value to your case by defending your right to be compensated fairly.

Defining Fairness

Every personal injury client is different, and every fact scenario is different. Fairness is subjective. That being said, we maximize your settlement by employing our experience and resources to defend against denials of liability and low settlement offers. The choice is yours whether to settle or not; we are here to provide you guidance in that decision when the time comes.

Take Next Steps

Take the next step and call a Charlotte personal injury lawyer today. We conduct phone consultations at no charge. You will come away from the phone call with a much better understanding of what your options are. We would love to partner with you in your journey toward resolving your personal injury claim or lawsuit. If you would like to speak with an attorney today, call 704.749.7747 or click HERE to request a call. We hope you’ll choose to Recover With Us.

Charlotte car wreck attorney

Finding the right Charlotte car wreck attorney can be challenging, and it’s arguably the most important part of your fight against insurance companies who want to deny your claim or make you a low offer. It is our opinion that there are numerous Charlotte car wreck attorneys who will achieve a great result for you. That’s why it’s not only important to find a capable personal injury attorney, but also one who you will work well with for the duration of your auto accident case.

Factors To Consider When Choosing A Charlotte Car Wreck Attorney

The following factors will help dictate the outcome of your personal injury case, together with the experience you have with your injury lawyer along the way:

  • Availability: It’s quite common for a law firm to be available when they are signing on to represent your case, but then it becomes impossible to get the lawyer on the phone or get an update on your case as things move forward. Personal injury lawyers are busy, but there is no excuse for this. Make sure the firm allows you to speak directly with your lawyer, and ask the lawyer up front how often they will update you on your case as things progress.
  • Fees: Most Charlotte car wreck attorneys follow the same fee structure, which is known as a contingency fee. In other words, if you don’t get paid, the attorney doesn’t get paid. This is important, because you don’t want to go into debt to your personal injury lawyer before you ever even reach a settlement or jury verdict. The Layton Law Firm, like most other firms, has a contingency fee agreement with clients for 1/3 of the settlement if an agreement is reached prior to filing a lawsuit.
  • Experience: It’s fair to ask your Charlotte car wreck attorney about their experience. Have they handled cases similar to yours in the past? What do they see at the top obstacles in a case like yours? Asking these questions should get a valuable conversation started between you and your personal injury lawyer, and you should start to get a feel for whether the lawyer you’re speaking with is the right fit.
  • Co-Counsel: Ask your Charlotte car wreck lawyer if they are open to working with co-counsel if necessary on your case. This is an agreement where your lawyer pairs with another lawyer or law firm, due to the need for additional resources, or even perhaps because another attorney specializes in courtroom litigation while your personal injury lawyer specializes in pre-litigation and settlement work. The Layton Law Firm routinely pairs with other lawyers on complex cases and claims. There is no additional expense to the persona injury client in this scenario, as the lawyers share the attorney fee among themselves, with your approval.
  • Specific Attorney/Paralegal Assignment: Your Charlotte car wreck attorney should be able to commit to assigning a specific attorney and a specific paralegal to your case. This eliminates the need to speak with numerous individuals at the law firm every time you need an update on your case. You should be given a way to directly contact the lawyer and/or the paralegal, by phone or email.

Contacting A Charlotte Car Wreck Attorney

Fortunately for clients, personal injury consultations at our firm are performed at no charge. We will ask you a few questions about your injury and the facts surrounding it, and then do our best to evaluate your case with you over the phone. While we can not promise results, we will give you what we believe to be an honest assessment of your situation, as compared to the laws and case history of North Carolina.

Requesting A Personal Injury Consultation

If you would like to speak with a Charlotte car wreck attorney, it’s simple. Give us a call at 704.749.7747 and an attorney will take the call or return your call before the end of the day. If you’d like us to call you instead, simply click HERE and request a consultation. Most consultations are performed over the phone for convenience, and you’ll get the advice and help you need as quickly as possible. We know you have choices, and we hope you’ll choose to Recover With Us.

negligent homeowner

Negligent homeowners beware: it’s Halloween and you’re getting visitors. North Carolina premises liability law governs whether you will be held liability for injuries sustained on your property. With Halloween just around the corner, you’ll no doubt be getting lots of guests to your property, whether you like it or not. Most of these guests are small children who will be running through the dark of night toward your front door in hopes of scoring lots of candy. But what happens if they trip and fall along the way?

The Basics of Premises Liability Law in NC

Property owners have a duty to keep their property safe. Negligent homeowners will pay the price for failing to do so, as the rules of negligence in personal injury extend not only to retail property owners, but also to homeowners. In some instances there are conditions which are dangerous or potentially dangerous. If the property owner can not remedy those conditions, there is at the very least a duty to warn your visitors and guests of the dangerous conditions, especially if it’s reasonable to expect visitors.

In addition to the potential for a trick-or-treater falling on your property, you should also beware that Halloween is a time where the family dog may not be so fond of visitors dressed in strange costumes. It’s reasonable to expect dog bites and injuries related to dog attacks to increase during Halloween, and the property owner or dog owner can be held liable for the attack, especially if the dog has a documented history of such behavior.

Am I A Negligent Homeowner?

Each claim against a negligent homeowner in a personal injury matter essentially requires that the components of Negligence are satisfied in order for the plaintiff to successfully prove their case. Those elements are:

  • The homeowner owed a duty to the injured party
  • The duty was breached
  • The breach of that duty gave rise to the injury in question
  • There were damages resulting directly from the injury

There are numerous instances where a homeowner may in fact be negligent; however, if there are no damages resulting from that negligence, there is no claim to be pursued by the other party. For example, a homeowner who fails to maintain his walkway may have breached his duty to his guest. If that guest trips and falls because of this failure to maintain the walkway, the guest is well on their way to having a negligence claim against the property owner. However, consider that in some instances the trip and fall victim lands softly in the grass, gets up, wipes the grass stains off of their pants, and realizes they are not injured. In this case, there is no viable claim for recovery under the principle of Negligence, as the fourth prong of Negligence has not been met: there are no damages (other than a bruised ego from falling in front of friends).

How Long Do I Have To File A Lawsuit?

As with most negligence claims, you have three years from the date of the accident to settle the claim or file a lawsuit. This is known as the statute of limitations. This three-year time frame gives the injured party enough time to realize the full extent of their injuries. It also gives the injured party enough time to receive treatment for those injuries and obtain representation (i.e. get a personal injury lawyer) so that they may recover from the negligent homeowner.

Call A Charlotte Personal Injury Lawyer Today

If you or someone you know was injured at a private residence or in a retail location, call us today for a free case evaluation. You can reach us at 704.749.7747. Or, you can click HERE to request a phone call from an attorney. 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.