Monetary values for settlements are based on who was found at fault for the accident, the truck driver, the truck owner, a trucking company, or a parts or truck manufacturer.
North Carolina is an“at-fault” state for vehicle accidents and bases awards on contributory negligence to determine that fault. Under contributory negligence, a person who is found to be responsible for the accident must pay damages to the other driver, passenger, or property owner if they need repairs or medical treatment. Typically, the injured driver will receive monetary compensation from the insurance company of the at-fault driver. North Carolina follows a pure contributory negligence rule, which means that if a person contributed to a car accident in even the slightest way, he or she cannot recover compensation.
Filing claims
There are different ways to file an insurance claim based on how quickly a victim needs funding: 1) they should file an insurance claim with the insurer and the insurance company will seek the compensation from the at-fault driver; 2) contact the other driver’s insurance company directly to ensure accident victims receive the compensation needed to recover by calling and providing a written notice of the intent to file a claim afterward, or 3) file a lawsuit: Taking at fault truck drivers to court with the help of an attorney may seem like an extreme measure, but it could yield the best outcome.
Negligence
Truck accidents often stem from the negligence of drivers, and other factors affecting driving patterns on busy North Carolina roadways. Negligence is a “cause of action whereby a person’s conduct falls below the standard established by law for the protection of others against unreasonable risk of harm.” When a person’s actions, or omission to act, violate negligence standards, the law requires the violating person to compensate the injured parties.
Elements of Negligence
- An owed duty of care between parties.
- a breach of duty.
- causal connection between the defendant’s conduct resulting in the harm.
- proximate cause.
- measurable damages due to defendant’s conduct.
Loss of life
North Carolina imposes laws regarding loss of life caused by a motor vehicle accident through the wrongful death statute. Surviving loved ones of fatally injured truck accident victims should speak to an experienced truck accident lawyer who can assist with the recovery of necessary compensation to address life changes based on harmful losses.
Settlement valuations
Monetary values for settlements are based on who was found at fault for the accident, the truck driver, the truck owner, a trucking company, or a parts or truck manufacturer. Other factors that play a part in the award amount include:
- How old the injured party is: younger person would be higher settlement amount due to longer life expectancy and associated costs of living and care.
- The earning capacity of the injured: A person who is an attorney earning $200,000 per year may see a higher settlement amount someone who makes $45,000 per year.
- The health of the injured party apart from the accident injury: A person in good health would be expected to live longer.
- The income of the person at their time of the accident.
- Age and circumstances of dependents: A person who has children could realize a larger settlement than a single person with no dependents because of need.
- Education and training of the injured party: Higher trained and paid professionals usually see higher catastrophic injury settlements than a person with only a high school education.
- Medical bills incurred.
- Transformations made to living spaces to adjust to catastrophic injury.
Hire a lawyer
Truck accident victims in Greensboro North Carolina should contact a Greensboro accident attorney to build a case for recoverable damage compensation.
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