When you have been involved in a tractor trailer accident that is not your fault, you have certain rights under North Carolina law. The insurance company for the at-fault driver (commonly known as the “defendant”) will be committed to limiting those rights if at all possible. Any driver who fails to use reasonable care under the circumstances is negligent. If that negligence leads to injury, the injured person (commonly referred to as the “plaintiff”) has claims for legal damages. These damages may be recoverable whether the plaintiff is driving another vehicle, riding as a passenger, riding a bicycle or walking on the side of the road. The damages recoverable depend upon the circumstances. An injured plaintiff is entitled to have his or her reasonable and necessary medical expenses paid – including hospital bills, doctor bills, physical therapy, chiropractic, and pharmacy bills. Damages may also include wages lost under doctor’s orders, and pain and suffering. If the defendant was drunk or acting in a careless and reckless manner, the plaintiff may have a claim for punitive damages.
The insurance company may offer to settle your case well before you have finished treating, or in some instances, before you have a chance to go to the doctor. The adjuster may offer a “scheduled release” offering to pay you money up front and then pay your bills later. BEWARE: the fine print often allows the insurance company to deny your medical expenses! Before you speak to an adjuster and especially, before you sign any papers, contact an attorney immediately.
There may be other rights available to you. Please contact us or call (919) 419-9933 for a free consultation.
Tractor Trailer Accidents
Hyland & Padilla, PLLC are personal injury attorneys in Durham,
Raleigh, and Chapel Hill, North Carolina
