Rutherfordton Truck Driver Injury Lawyer

Rutherfordton Truck Driver Injury Attorney

Truck accidents tend to have devastating effects on survivors. For the drivers, it can uproot their personal and professional lives. Working with a Rutherfordton truck driver injury lawyer can help you pursue workers’ compensation benefits and a personal injury claim against the party responsible for the accident.

Experienced Personal Injury and Workers’ Compensation Lawyers in North Carolina

Ayers, Ayers and Dressler is an injury firm built on years of dedication and commitment to our clients. Our attorneys have over 100 years of combined professional experience, helping North Carolina citizens with their personal injury and workers’ compensation cases.

Our team believes that everyone should have access to competent legal services. We offer consultations to new clients at our office in Charlotte to discuss the full details of your situation. When you work with us, you’ll be working directly with a lawyer who understands what’s at stake and will treat your case with the urgency and respect it deserves.

Workers’ Compensation Benefits Injured Employees Are Entitled to in North Carolina

Truckers passing through Rutherfordton typically use U.S. Route 221 and U.S. Route 74. Truck accidents typically happen in rural areas and on highways. In Rutherfordton in 2023, there were 280 auto crashes. There were 18 tractor-trailer truck crashes that year in Rutherford County. 

You don’t need to prove fault in the accident to receive workers’ compensation benefits. However, this also means that you generally can’t open a personal injury claim against your employer for the accident, unless their reckless conduct or intentional actions led to the incident. Injured workers receive:

1. Medical treatment, including surgeries, medications, and mobility aid devices
2. Rehabilitation services, if needed
3. Partial wages

These wages are two-thirds of your average weekly wage and are paid to you weekly until you’re able to return to work. You can take time off work immediately after the accident to recover, but you won’t receive partial wage payments until 14 days after informing your employer. If you’re off work for over 21 days, you’ll be reimbursed for the first week off work.

What to Do if Your Workers’ Compensation Claim Is Denied in Rutherfordton

While you don’t need to prove fault in your workplace incident, sometimes workers’ compensation claims may be denied by employers. This can happen for a variety of reasons, but the most common is that the employer doesn’t believe the injuries were caused by work.

When this happens, you can still fight to receive your benefits. You’ll be able to file a request for a hearing to appeal the denial. While waiting for the hearing, you can still receive medical treatment for your injury. Your doctor will only bill you directly if the hearing results in a final denial.

Be sure to hire a truck accident lawyer during this time, as having legal representation can help increase your chances of success.

Pursuing a Personal Injury Claim After a Truck Accident

If a third party, like another driver or the manufacturer of the truck, was responsible for the crash, you can open a legal claim against them. Your lawyer can help you determine if you want to pursue a personal injury case, depending on the specifics of what happened.

The amount of compensation awarded to victims during personal injury cases is never random. They’re based on the amount of losses suffered since the incident. Victims can request compensation to cover:

• Medical bills, including surgeries, medications, mobility aid devices, physical therapy, and mental health therapy
• Lost income due to missing work from injuries
• Damages to personal belongings, such as a cell phone or clothing
• Pain and suffering
• Disfigurement
• Loss of enjoyment of life

Depending on the specifics of what happened, you may be able to request punitive damages. These damages are only awarded if the wrongdoer acted with extreme malice or negligence. These damages are typically capped at $250,000. However, if the responsible party was driving while under the influence of drugs or alcohol, there is no cap.

Any compensation awarded to you during your personal injury case will be reduced by the amount of workers’ compensation benefits you received.

FAQs About Rutherfordton, NC Truck Driver Injury Laws

How Long Do Truck Drivers Have to Report a Work-Related Injury in North Carolina?

After being injured in a work-related incident, North Carolina truck drivers have 30 days to report the incident to their employer, both verbally and in writing. Delaying reporting will also delay getting your workers’ compensation benefits. If you fail to report within the 30 days, you may forfeit your workers’ compensation benefits altogether.

What Evidence Is Important When Proving a Truck Driver Injury Claim in Rutherfordton?

Having extensive evidence is important when proving your truck driver injury claim in Rutherfordton. Courts rely on evidence to make their final decision. Your lawyer can help you collect witness testimony and testimony from professionals about what they believe caused the accident. Data from the truck’s black box and surveillance footage can help provide clarity to the court. Be sure to include copies of your medical records and financial and emotional losses. Provide relevant photos and any other proof.

What Is the Deadline to File a Personal Injury Claim After a Truck Accident in North Carolina?

The deadline to file a claim after a truck accident is one year from the date of the crash. You can file your claim at the Rutherford County Courthouse, located at 229 North Main Street. While this timeline may seem long, it’s important to file quickly. If you fail to file within the proper timeframe, the court will most likely dismiss your case entirely, and you won’t be able to pursue any compensation for your pain.

What Is North Carolina’s Negligence Rule in Personal Injury Cases?

North Carolina uses a negligence rule in personal injury cases to determine fault. They look at the evidence and testimony provided by all parties and assign everyone involved in the crash a percentage of fault. If you’re found to be even 1% responsible for the crash, you won’t be able to pursue compensation.

Hire a Truck Accident Lawyer to Represent Your Legal Rights

Contact the team at Ayers, Ayers and Dressler today to learn how our skilled lawyers can help you. We offer free consultations to those living in Rutherfordton and the surrounding towns in North Carolina. Our team approaches every new case with detailed preparation and the empathy our clients deserve. 

Our firm operates on a contingency fee basis, meaning we don’t require payment for our legal services until we’ve won compensation for your case.