Salisbury Truck Driver Injury Lawyer

Salisbury Truck Driver Injury Lawyer-image

Salisbury Truck Driver Injury Attorney

Experiencing a workplace injury can be overwhelming for anyone, but especially for truck drivers whose job is far from home, and the injuries occur from a truck crash. Reaching out to a Salisbury truck driver injury lawyer can help you understand your legal rights and options under North Carolina law.

Choose an Experienced Lawyer at Ayers, Ayers and Dressler 

When new clients come into the office at Ayers, Ayers and Dressler, they’re treated with respect from the first handshake. Our team knows how difficult it can be to focus on your recovery when you are facing a looming legal case and the process of workers’ compensation. We provide clients with the relief they need to focus on rest.

You don’t have to go through this difficult time by yourself. Our team offers free consultations to those living in Salisbury and the surrounding cities in North Carolina. 

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The Process of Workers’ Compensation in North Carolina

Workers who are injured don’t need to prove fault for the incident, allowing them to easily access workers’ compensation benefits. However, this also means that they generally can’t pursue a legal case against their employer unless the employer’s intentional or reckless conduct caused the injury.

The benefits you’ll receive include:

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

These wages are two-thirds of your average weekly wage and are paid weekly until you’re able to return to work in full capacity. While you can’t pursue a legal claim against your employer, you can open a personal injury case against the party responsible for the crash.

How North Carolina Courts Determine Fault in a Truck Accident Case

Major highways near Salisbury include U.S. Route 70 and Interstate 85. In 2023, 452 residents of Salisbury worked in transportation occupations. These residents share these major highways with daily commuters, making the likelihood of a crash higher than that of residents not employed in the trucking industry. 

Accidents involving trucks typically happen in rural areas and on Interstate highways, with 27% of North Carolina’s fatal truck crashes in 2022 happening on Interstate highways. After a crash, survivors need to understand state laws so they can pursue their legal case seamlessly.

When determining how much compensation to award victims and who should pay, courts in North Carolina will assign everyone involved in the crash a percentage of fault. For residents of Salisbury, NC, this is typically done at the Rowan County Courthouse, located at 210 North Main Street.

The state has stricter rules compared to others. If you are found to be even 1% at fault for the accident, you won’t be able to recover any compensation for your pain. This can make it incredibly difficult for victims, as even small mistakes can contribute to a crash happening.

It’s important to hire a truck accident lawyer during this time to help you understand whether pursuing a personal injury claim is right for you.

Evidence to Collect for Your Personal Injury Claim

Having extensive evidence is key to winning a personal injury case in North Carolina. Your lawyer can assist in gathering and preserving:

  • Eyewitness testimony
  • Testimony from professionals about what they believe caused the crash
  • Copies of the initial incident report and your medical records
  • Photos and videos taken at the time of the crash, including evidence of the crash site, skid marks, and property damage. It can also include evidence of your visible injuries, as well as damage to your personal belongings in the accident, such as a cell phone or clothing.
  • Documentation of your financial losses, such as lost income and your medical bills
  • Documentation of your emotional losses, such as notes from a therapist or a detailed journal of your mental state after the crash
  • Data from the truck’s black box
  • Footage from dash cams, surveillance cameras from nearby businesses and residences, and traffic cameras
  • Any other relevant evidence that can provide clarity to the court, proving your innocence in the crash

FAQs About Salisbury, NC Truck Driver Injury Laws

Can a Lawyer Help Negotiate a Settlement With the Insurance Company or Employer in Salisbury?

Yes, a lawyer in Salisbury can help negotiate a settlement with the workers’ compensation insurance company and your employer. Settlements are typically sought when injured workers reach maximum medical improvement. When this happens, insurance companies will typically reach out to the worker to negotiate a final settlement to cover additional medical treatment and wage replacement benefits. They do this to be able to close your case and avoid ongoing disputes. 

What Is the Deadline to File My Personal Injury Claim After a Truck Accident in Salisbury?

The deadline to file your personal injury claim in Salisbury after being in a truck accident is one year from the date of the crash. While this timeline may seem long, victims need to file as soon as possible in order to increase their chances of a successful case. If you wait too long to file, the courts will likely dismiss your case entirely, and you won’t be able to recover any compensation for the crash.

Can I Choose My Own Doctor After Getting Injured on the Job in North Carolina?

You may be able to choose your own doctor after getting injured on the job in North Carolina. Typically, employers will choose the provider that injured employees receive treatment from. However, if you want a second medical opinion or a change in your doctor, you can request a change in writing to do so.

What Do I Do if My Workers’ Compensation Claim Is Denied in Salisbury?

If your workers’ compensation claim is denied in Salisbury, you can file a request to schedule a hearing to appeal the decision. Employers often deny workers’ compensation claims when they believe the injuries weren’t caused by work. While waiting for the hearing, you can still continue to receive medical treatment for your pain. Your doctor will only bill you directly if the hearing results in a finalized denial. It’s important to have a lawyer to represent you during the hearing.

Hire a Truck Accident Lawyer to Fight for Your Legal Rights as a North Carolina Worker

Reach out to Ayers, Ayers and Dressler today to learn how our lawyers can help you during your case. Our team has over 100 years of combined professional experience, focusing on helping our clients seek brighter futures after experiencing devastation. Our firm offers free consultations at our office in Charlotte to discuss the details of your situation and start on your custom legal strategy. 

We operate on a contingency fee basis, meaning we don’t require compensation for our legal services until we secure compensation for your case.

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