Werner Enterprises is a trucking company headquartered in Nebraska. With over 8,000 trucks, 24,000 trailers, and nearly 13,000 employees, Werner Enterprises has gone from humble beginnings to becoming a nationwide leader in the trucking industry. They offer many services for clients, including dedicated shipping, one-way truckloads, expedited shipping, cross-border shipping, and custom solutions. With a network of over 26,000 carriers and air, ocean, and rail providers, they work hard to ensure their customers’ needs are met.
Whenever a trucking company has a significant presence in American roadways, there are bound to be accidents involving their drivers. Every year, truck accidents involving Werner Enterprises occur in North Carolina and throughout the United States. Knowing what to do after being injured in a trucking accident involving Werner Enterprises will help you protect your legal compensation claim. After a truck accident, the steps you take can help or prevent you from obtaining the compensation you need.
Determining Liability After Being Injured in a Truck AccidentThere are two main ways to recover compensation after being involved in a truck accident. The first way is to recover compensation through a claim with the at-fault driver's insurance company. Large trucking companies such as Werner Enterprises typically carry large insurance policies for their drivers. The second way to obtain compensation is through submitting a personal injury lawsuit against the at-fault driver in civil court. Unfortunately, it is not easy for victims to obtain the compensation they deserve.
When recovering compensation, you will need to prove that the defendant caused the accident. Likewise, since North Carolina is an at-fault insurance state, you will need to prove that the at-fault driver caused the accident to recover compensation. There are several ways you can establish fault after a truck accident. The first way to prove liability or fault is to show that the driver acted negligently. Most personal injury lawsuits require the person who brings the lawsuit, called the plaintiff, to prove that the defendant's negligence caused his or her injuries.
What Does Negligence Mean?Negligence is a legal term that means failure to use reasonable care under the circumstances. In North Carolina, drivers owe everyone else on the road a duty to drive reasonably safely. When a driver intentionally or unintentionally makes an error in judgment or acts negligently, he or she breaches the duty of care. There are many different examples of negligent driving. Negligent driving can include driving while intoxicated, driving excessively at high speeds, or driving too fast for the circumstances.
For example, a truck driver may know that he or she should slow down and drive well below the speed limit during a snowstorm. If a truck driver becomes worried about completing a job in time and does not slow down, causing an accident, he or she could be held liable for the injuries that result. In serious truck accidents, there may be more than one at-fault party. For example, the victim may be able to hold the truck driver’s employer liable through a legal theory called vicarious liability.
Likewise, suppose a maintenance company failed to maintain the truck adequately. The maintenance professional failed to spot an issue with a break that should have been easy to see during routine maintenance. As a result, the brake on the truck failed, causing serious injuries and another person's death. In this scenario, the victims and the deceased victim’s family members would have a right to bring a lawsuit against the mechanic and possibly the mechanic’s employer for damages.
Why You Need an Experienced LawyerThe best way to determine who you can bring a lawsuit against is to discuss your case with an experienced lawyer. In complex truck accident cases, there are many factors involved in developing a legal strategy. There could be multiple insurance companies that have a responsibility to pay damages. There could be numerous defendants. At Arnold & Smith, PLLC, Our skilled personal injury lawyers know how to navigate complex truck accident cases. We will advocate aggressively on your behalf to obtain the most compensation possible for you and your family.
Contact a Charlotte Truck Accident Lawyer TodayIf you or your loved one has been injured in a serious truck accident involving a Werner Enterprises delivery truck driver, you need an experienced lawyer. Contact the personal injury lawyers at Arnold & Smith, PLLC, today to schedule your free initial consultation.