Gastonia Truck Driver Injury Lawyer

Gastonia Truck Driver Injury Attorney

As a truck driver, the road is your workplace. This can make the risk of a workplace injury incredibly high and the results of that injury more severe than in other careers. Working with a Gastonia truck driver injury lawyer can help ensure your legal rights are protected after experiencing a truck crash while working.

Hire a Truck Accident Lawyer to Customize Your Case’s Legal Strategy

When you work with Ayers, Ayers and Dressler, you’re working with personal injury lawyers who genuinely care about the well-being of our clients. As long-time North Carolina residents ourselves, our passion is in protecting our neighbors and community members during their most challenging times in life.

Our firm believes that everyone deserves access to competent legal services. We offer free consultations to those living in Gastonia and the surrounding areas in the state. 

When you come in for your appointment, you’ll be able to get the knowledge and tools you need to take back control of your life after experiencing destabilization.

Workers’ Compensation Benefits North Carolina Workers Are Entitled to After a Truck Accident

The main highway used by residents of Gastonia is Interstate 85. Throughout America in 2024, there were 2,235,100 jobs for heavy and tractor-trailer truck drivers. This career isn’t just a job; it’s an entire lifestyle that keeps workers on the road for a majority of their time. 

This can increase the chances of a crash for a truck driver more than for other people. Throughout North Carolina in 2023, there were 4,839 tractor/semi-trailer truck crashes.

After being injured at work, workers in North Carolina don’t need to prove fault in order to receive workers’ compensation benefits. This also means that they generally can’t open a legal case against their employer, unless their employer’s intentional or reckless conduct resulted in the accident happening. Workers can receive:

1. Partial wages
2. Medical treatment
3. Rehabilitation services

These wages are paid weekly to the injured worker and are two-thirds of their average weekly wage. You can take time off work immediately after an accident to begin healing. However, for the first seven days you’re out of work, you won’t receive wages. If you’re out of work for over 21 days, that first week will be reimbursed to you.

Deadline for Filing a Personal Injury Claim After a Truck Crash in Gastonia

After getting into a truck crash in Gastonia, victims have one year from the date of the accident to file a personal injury claim against the responsible party. This can be done at the Gaston County Courthouse, located at 325 Dr. Martin Luther King Jr. Way.

While this timeline may seem long, it’s important to act quickly after a crash. The longer you wait, the more your losses will continue to pile up, and evidence will become harder to collect. 

Damages You Can Request in Your Truck Accident Case

When pursuing compensation in a truck accident case, the amount of compensation awarded to victims is never random. Instead, it’s based on the personal losses they’ve suffered since the incident. Victims can pursue damages for:

1. Their medical bills, including surgeries, medications, mobility aid devices, mental health therapy, and physical therapy
2. Any lost income due to missing work from the injuries
3. Their personal belongings, such as a cell phone or a bag
4. Pain and suffering
5. Disfigurement
6. Loss of enjoyment of life

It’s important to hire a truck accident lawyer to help you understand the maximum amount of damages that can be requested in your unique situation. Any compensation won during your personal injury case will be reduced by the amount of workers’ compensation you’ve received.

FAQs About Gastonia, NC Truck Driver Injury Laws

How Can a Lawyer Help if a Workers’ Compensation Claim Is Denied in North Carolina?

A lawyer can help you if your workers’ compensation claim is denied in North Carolina by helping you file an appeal. You have the right to request a hearing to appeal the decision. While you wait, you can still receive medical treatment. Your doctor will only bill you directly if the hearing results in a final denial. Your lawyer can help represent you during your hearing to increase your chances of success.

How Does North Carolina’s Contributory Negligence Rule Impact Truck Driver Injury Cases?

North Carolina courts use a contributory negligence rule that deeply impacts truck driver injury cases. If you’re found to be even 1% responsible for the crash, you won’t be able to pursue compensation for your case. Even small mistakes can contribute to accidents happening, making this rule difficult for victims to face. Your lawyer can help explain if a personal injury case can be pursued in your unique situation.

Can I Speak to Insurance Companies in Gastonia Without My Lawyer With Me?

In Gastonia, you can speak to insurance companies without your lawyer with you, but you need to exercise caution when doing so. Only provide them with basic facts about the crash. It can be helpful to write down what you want to say before the meeting. Don’t speculate about the cause of the crash or admit fault. If the insurance adjuster asks you to make a recorded statement or answer their questions under oath, only do so with your lawyer present.

What Should I Do if the Other Driver Refuses to Cooperate With Me After the Crash?

If the other driver refuses to cooperate with you after the crash and provide their insurance and contact information, it’s important to remain calm. If you try to argue with them, it’ll only escalate an already tense situation. Instead, wait for law enforcement to arrive at the crash site and explain the situation to them. They’ll be able to collect the other drivers’ information on your behalf. 

Work With Experienced Lawyers in North Carolina

Reach out to Ayers, Ayers and Dressler today to learn how our skilled lawyers can help you during this difficult time. We know how devastating truck accidents can be for survivors. When the accident is directly linked to your career, it can be all the more destabilizing. You deserve a strong legal advocate with a niche focus on both personal injury and workers’ compensation law.

Our firm operates on a contingency fee basis. This means that we don’t require payment for our legal services until we secure compensation for your case.