Your Winston-Salem Truck Accident Lawyer
At Lewis & Keller, we are committed to providing top-notch legal representation for truck accident victims. Our experienced team understands the complexities of truck accident cases, from investigating the causes and identifying liable parties to negotiating with powerful insurance companies. With our compassionate approach and aggressive advocacy, you can trust our Winston-Salem truck accident lawyers to handle your case with the utmost care and professionalism, allowing you to focus on your recovery.
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Years of
Experience
Our team of attorneys have years and years of experience fighting insurance companies and have successfully handled thousands of cases.
No Fees Unless
We Win
Working on a contingency-fee basis allows our clients to retain our services without worrying about hourly legal fees. You won’t owe us a penny unless we win!
Table of Contents
- Damages Available for North Carolina Truck Accident Victims
- What To Do After a Truck Accident
- Why Lewis & Keller is the Right Choice for Your Trucking Accident Claim
- Who’s Liable for a Truck Accident in Winston-Salem?
- Why Proving Liability Is So Important in North Carolina Truck Accident Claims
- Types of Truck Accident Injuries
- Common Causes of Truck Accidents in Winston-Salem
- Legal Representation for All Types of Truck Accident Cases
- Countering Powerful Trucking Company Insurers and Legal Teams
- Understanding Trucking Regulations and the FMCSA
- What Comes Next?
- Winston-Salem Truck Accident Facts & Statistics
- Truck Accident FAQs
- Recover the Maximum Compensation With Lewis & Keller
Damages Available for North Carolina Truck Accident Victims
Truck accidents can lead to significant physical, emotional, and financial hardships. In North Carolina, truck accident victims may be owed compensation for a variety of damages, including:
- Medical expenses (past and future): Includes all costs associated with medical treatment, such as hospital stays, surgeries, medications, rehabilitation, and any future medical care needed due to the accident.
- Lost wages: Compensation for income lost during your recovery period due to your inability to work. This helps secure your financial stability while you heal.
- Loss of earning capacity: If your injuries result in a permanent or long-term impairment affecting your ability to earn at your previous level, you can seek damages for this loss of future income potential.
- Pain and suffering: Acknowledges the significant physical pain, discomfort, and emotional anguish endured due to the accident and your injuries. This is the main component of non-economic damages.
- Emotional distress: Truck accidents often trigger severe psychological trauma, including anxiety, depression, insomnia, and Post-Traumatic Stress Disorder (PTSD). We seek compensation for these debilitating mental health challenges.
- Property damage: Reimbursement for the repair or fair market replacement value of your vehicle and any other personal property damaged or destroyed in the collision.
- Loss of Consortium: Compensation for the negative impact the injuries have on your marital relationship, including loss of companionship, affection, and services.
- Wrongful Death Damages (if applicable): If a loved one was tragically killed, we can help eligible family members pursue damages for funeral expenses, lost financial support, loss of companionship, and more.
Pursuing these damages requires a thorough understanding of North Carolina law and detailed documentation of your losses. Our Winston-Salem truck accident lawyers at Lewis & Keller are here to guide you through this process, working to secure the full compensation you may deserve. Speak to an attorney today to learn more about how we can help you recover after an accident.
What To Do After a Truck Accident
Experiencing a truck accident can be overwhelming and frightening. Knowing the steps to take immediately after the accident can help protect your rights and ensure your safety. Here’s what you should do:
- Ensure Your Safety: Move to a safe location if possible and check for injuries. Prioritizing safety helps prevent further harm and allows you to assess the situation calmly.
- Call 911: Report the accident and request medical assistance. Promptly call emergency services so that any injuries are treated quickly and the accident is officially documented.
- Gather Information: Exchange information with the truck driver and collect contact details of witnesses. Obtaining this information is crucial for your insurance claim and any future legal actions.
- Document the Scene: Take photos and note important details about the accident. Visual evidence and detailed notes can be invaluable in supporting your case.
- Seek Medical Attention: Get a thorough medical examination, even if you feel fine. Some injuries may not be immediately apparent, and a medical report is essential for building your claim.
- Contact an Attorney: Reach out to Lewis & Keller to discuss your legal options. Our truck accident attorneys can guide you through the legal process and help you seek compensation.
Our Results Speak For themselves
$
7000000
Motorcycle accident resulting in paralysis.
$
3000000
Auto accident resulting in post traumatic stress disorder.
$
1393000
Workplace accident resulting in a traumatic brain injury.
Why Lewis & Keller is the Right Choice for Your Trucking Accident Claim
Choosing the right legal representation after a truck accident can make all the difference in the outcome of your case. At Lewis & Keller, we are dedicated to providing our clients with personalized attention, qualified legal advice, and aggressive representation.
Here are a few more reasons why you should choose us:
- Upholding Your Rights by Meeting Legal Deadlines: North Carolina imposes a strict 3-year statute of limitations for personal injury lawsuits from the accident date. Our meticulous case management helps ensure all paperwork is filed correctly and your right to seek justice is protected. Failure to meet this deadline means losing your ability to recover compensation.
- Transparent Communication & Consistent Updates: We believe in a partnership with our clients. You will receive regular, clear updates on your case’s progress, and we are always accessible to answer your questions. You’ll never be left wondering about the status of your claim.
- Comprehensive Investigation & Evidence Compilation: Our Winston-Salem personal injury attorneys spearhead investigations to build an undeniable case for liability. This includes:
- Securing and analyzing official police accident reports.
- Interviewing eyewitnesses and recording their statements.
- Obtaining surveillance footage from traffic cameras or nearby businesses.
- Retrieving truck’s black box data (EDR), driver logs, and maintenance records.
- Collaborating with accident reconstruction experts and medical professionals for compelling expert testimony.
- Deep Knowledge of Trucking Industry Regulations: We understand the Federal Motor Carrier Safety Administration (FMCSA) rules and how violations (e.g., hours-of-service, improper loading, poor maintenance) contribute to negligence.
Choosing Lewis & Keller means enlisting a team that champions your cause with dedication and resources. We are committed to securing the best possible outcome so you can focus on healing.
PUT AN AWARD-WINNING FIRM ON YOUR SIDE
Lewis & Keller is a recognized Best Law Firm in Eminent Domain and Condemnation Law, as well as Personal Injury Litigation-Plainitffs by U.S. News and World Report. The firm has also been given an AV rating from Martindale-Hubbell.
Founding partner Mike Lewis has procured the title of one of the Best Lawyers in America for personal injury litigation and eminent domain, and was also distinguished as a North Carolina Super Lawyer in personal injury. These accolades wouldn’t have been possible without the hard work of all of the attorneys at Lewis & Keller and their clients who placed their trust in them.
Who’s Liable for a Truck Accident in Winston-Salem?
After a truck accident, one of the most important questions is: who’s responsible? You might think it’s just the driver, but in many cases, there are several parties who could share the blame. Figuring this out is key to helping you get the compensation you deserve.
Here are some of the people or companies who might be responsible:
The Truck Driver
Employers can be vicariously liable for their driver’s negligence. Direct liability can arise from negligent hiring (e.g., hiring drivers with poor safety records), inadequate training, encouraging or coercing drivers to violate safety regulations (like hours-of-service), or failing to properly supervise drivers.
The Truck Owner (If Different From The Carrier)
If the truck itself was poorly maintained by its owner, leading to equipment failure (e.g., brake failure, tire blowouts), the owner can be held liable.
Cargo Loaders or Shippers
Improperly loaded or secured cargo can shift, causing the truck to lose balance, overturn, or spill hazardous materials. The party responsible for loading and securing the cargo may bear responsibility.
Maintenance Providers
Third-party companies contracted for truck maintenance can be liable if their negligent repair work or inspections (e.g., faulty brake repairs, missed defects) contribute to an accident.
Manufacturers of Defective Parts
If a manufacturing defect in a crucial component like tires, brakes, steering systems, or couplings causes an accident, the part manufacturer can be held liable under product liability laws.
Brokers or Freight Forwarders
In some instances, these entities can be held liable if their actions contribute to unsafe trucking operations.
When we handle your case, we dig deep to find everyone who may have played a role in your accident. The more we uncover, the better your chances of getting full compensation.
Why Proving Liability Is So Important in North Carolina Truck Accident Claims
North Carolina has a harsh pure contributory negligence rule. If you’re found even 1% at fault for the accident, you can be barred from recovering any compensation. This makes proving the other party’s full liability essential. Our Winston-Salem attorneys are skilled at:
- Gathering strong evidence of the defendant’s fault.
- Fighting defense arguments that try to place you at fault.
- Showing how their negligence directly caused your harm.
Using our years of experience, extensive resources, and aggressive representation, we build the strongest possible case for you, focused squarely on recovering the full compensation you may deserve for your injuries.
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Types of Truck Accident Injuries
Truck accidents can cause severe injuries, such as:
- Traumatic brain injuries (TBI): These serious head injuries can lead to long-term cognitive, physical, and emotional impairments, requiring extensive medical treatment and rehabilitation.
- Spinal cord injuries (SCI): Damage to the spinal cord can result in partial or complete paralysis, significantly impacting your quality of life and requiring ongoing medical care.
- Broken or Crushed Bones: Fractures and breaks can occur in various parts of the body, often necessitating surgery, immobilization, and lengthy recovery periods.
- Internal Organ Damage & Bleeding: Blunt force trauma can cause severe damage to internal organs (liver, spleen, kidneys, lungs), leading to internal bleeding, organ failure, and life-threatening emergencies.
- Severe Burns: Truck accidents can cause severe burns from fires or explosions, leading to painful recovery, skin grafts, and potential disfigurement.
- Amputations: Traumatic amputation of limbs can occur during the crash, or be medically necessary later due to severe crush injuries or infections.
- Lacerations: Deep cuts and lacerations can result in significant blood loss, scarring, and a risk of infection, often requiring stitches or surgery.
Suffering these catastrophic injuries creates an overwhelming physical, emotional, and financial crisis. Our truck accident lawyers provide compassionate support while aggressively pursuing the legal remedies to address these profound losses. Contact us for a free case evaluation.
Common Causes of Truck Accidents in Winston-Salem
Now that you know how serious truck accident injuries can be, you might be wondering how these crashes happen in the first place. Sadly, many truck accidents could have been avoided if someone had been more careful or followed the rules.
Here are some of the most common causes of truck accidents we see in Winston-Salem and across North Carolina:
Driver Fatigue & Hours-of-Service Violations
Despite FMCSA regulations limiting driving hours, economic pressures can lead drivers or companies to flout these rules. Fatigued driving impairs reaction time, judgment, and vigilance, comparable to drunk driving.
Speeding & Aggressive Driving
Commercial trucks require a significantly longer distance to stop. Speeding, especially in adverse weather (rain, fog on I-40 or US-52) or construction zones, dramatically increases collision risk and severity. Tailgating or unsafe lane changes are also common.
Distracted Driving
Use of cell phones (texting, calling), GPS manipulation, eating, or other distractions diverts a driver’s attention from the critical task of operating an 80,000-pound vehicle.
Improper or Overloaded Cargo
Incorrectly distributed or unsecured cargo can shift, causing instability, jackknifing, or rollovers. Overloaded trucks are harder to control and stop, and exceed safe operational limits.
Inadequate Truck Maintenance & Equipment Failure
Neglected maintenance by trucking companies can lead to catastrophic failures of brakes, tires (blowouts), steering, lights, or couplings. This is a direct violation of FMCSA safety standards.
Inexperienced or Insufficiently Trained Drivers
Operating a large commercial vehicle requires specialized skills and training. Lack of proper training in defensive driving, hazard perception, or specific vehicle types (e.g., tankers) increases accident likelihood.
Driving Under the Influence (DUI/DWI)
Alcohol or drug (illicit or prescription) impairment, while less common than other causes, can have horrific consequences due to the size and weight of large trucks.
Poor Weather or Unsafe Road Conditions
While not a form of negligence in itself, failure to adapt driving to conditions like heavy rain, fog, ice, or poorly maintained roads (potholes, unclear signage) can constitute negligence.
After a truck accident, it’s not always easy to figure out exactly what caused it, and the people responsible may not be quick to admit fault. Our investigation will thoroughly examine all potential causes, including driver behavior, company practices, and vehicle condition, to pinpoint the negligence that led to your harm.
Legal Representation for All Types of Truck Accident Cases
Lewis & Keller’s experience covers a wide range of complex truck collision scenarios, including:
- Rear-end collisions (often due to speeding or distraction)
- Jackknife accidents (loss of trailer control)
- Underride accidents (catastrophic for passenger vehicles)
- Blind spot / No-Zone accidents (failure to account for large blind areas)
- Rollover accidents (often due to speed, improper loading, or tire blowouts)
- Tire blowout accidents (can indicate poor maintenance)
- Wide turn accidents (encroaching on other lanes)
- Lost load / Cargo spill accidents (creating road hazards)
- Head-on collisions (often fatal)
- T-bone / Side-impact collisions (at intersections)
- Accidents involving logging trucks, dump trucks, or other specialized commercial vehicles.
If you or a family member were harmed in any type of incident involving a large commercial truck in the Winston-Salem area, our attorneys have the specific experience needed to navigate these challenging cases.
Countering Powerful Trucking Company Insurers and Legal Teams
Trucking companies and their insurers are backed by extensive resources and aggressive legal teams whose primary goal is to minimize payouts and protect their profits. They often deploy adjusters immediately to the scene to gather evidence and statements that could weaken your claim.
We understand the tactics used by insurance adjusters and defense lawyers and are prepared to counter them effectively. By thoroughly investigating the accident, gathering compelling evidence, and negotiating aggressively, we aim to secure the maximum compensation for your injuries and losses. With Lewis & Keller on your side, you don’t have to be intimidated by trucking companies, their insurance, or their legal teams.
Understanding Trucking Regulations and the FMCSA
The Federal Motor Carrier Safety Administration (FMCSA) sets regulations that govern the trucking industry. These regulations are designed to enhance safety and reduce accidents on the road. Key areas covered by FMCSA regulations include:
- Hours of service (HOS) limits: Strict rules define maximum driving hours (e.g., 11-hour driving limit within a 14-hour window after 10 consecutive hours off duty) and mandatory rest breaks to prevent driver fatigue.
- Vehicle maintenance standards: Regulations require trucking companies to systematically inspect, repair, and maintain their vehicles to ensure safe operating conditions. This covers brakes, tires, lights, steering, and all critical systems.
- Driver qualification requirements: Drivers must possess a valid Commercial Driver’s License (CDL) for the type of vehicle they operate, pass medical exams, and meet specific hiring criteria. Companies must maintain driver qualification files.
- Cargo securement rules: Detailed standards dictate how different types of cargo must be loaded, blocked, braced, and secured to prevent shifting, falling, or creating instability during transit.
- Drug and Alcohol Testing Protocols: FMCSA mandates pre-employment, random, post-accident, and reasonable suspicion drug and alcohol testing for commercial drivers.
Violations of FMCSA regulations by trucking companies or drivers can be significant evidence of negligence. At Lewis & Keller, we have extensive knowledge of these regulations and use them to hold responsible parties accountable. identifying any regulatory breaches, we aim to strengthen your claim and maximize your compensation.
What Comes Next?
Free Case Review
Contact us 24/7. Share your story with an experienced Winston-Salem truck accident attorney. We’ll listen compassionately and assess if we can help with your specific circumstances. There’s no cost or obligation.
Thorough Investigation & Evidence Gathering
Once you partner with us, your attorney will immediately launch a comprehensive investigation. This involves securing accident reports, trucking company records (driver logs, maintenance history, black box data), witness statements, scene photos/videos, and consulting with accident reconstruction specialists if needed.
Strategic Negotiation with Insurers
Getting into an accident with a semi-truck means you’ll be dealing with powerful insurance companies and their skilled legal teams. Your lawyer will be your loyal advocate and expertly negotiate with all the at-fault parties’ insurance companies to reach the maximum compensation you deserve for your injuries and pain and suffering.
Litigation & Trial (If Necessary)
While most truck accident cases settle out of court, we prepare every case for trial. If the insurance companies refuse a fair settlement, our seasoned trial attorneys are fully prepared to present your case persuasively before a judge and jury to fight for the full compensation you deserve.
Securing Your Settlement or Award
Once a settlement is reached or a judgment is won, we will explain all terms clearly and work to ensure you receive your funds as promptly as possible, handling any outstanding liens or medical bills.
our winston-salem truck accident attorneys
Winston-Salem Truck Accident Facts & Statistics
Truck accidents happen more often than most people realize, and they can have serious consequences. Knowing how often these crashes happen and where they tend to occur can help you understand just how dangerous our roads can be.
Here are some important facts about truck accidents in Winston-Salem and the surrounding areas:
Truck Accidents in Forsyth County
- In 2023, there were 225 reported tractor-trailer accidents in Forsyth County, North Carolina (see page 146 of the NCDOT Crash Facts report).
- Only 1 of these reported truck crashes involved a fatal injury.
- 46 of the reported tractor-trailer crashes involved injury.
Common Locations for Truck Accidents in Winston-Salem
- Major highways such as Interstate 40, U.S. Route 52, and Peters Creek Parkway are frequent sites of truck accidents due to high traffic volumes and commercial activity.
- Accidents are also common at busy intersections and on-ramps, where merging traffic and sudden stops can lead to collisions.
Statewide Context
- North Carolina consistently ranks among the top states for truck accidents, with thousands of incidents reported annually.
- These statistics highlight the broader issue of truck-related accidents across the state, reflecting the need for ongoing safety measures and public awareness.
Being aware of the frequency and locations of truck accidents in Winston-Salem can help residents stay vigilant and informed. If you or a loved one has been involved in a truck accident, understanding these statistics underscores the importance of seeking knowledgeable legal representation to navigate the complexities of such cases.
Truck Accident FAQs
Do I Need a Truck Accident Attorney?
Yes, absolutely. Truck accident claims are far more complex than car accidents. They involve federal regulations (FMCSA), multiple potentially liable parties (driver, trucking company, maintenance providers, cargo loaders), and aggressive insurance companies determined to minimize payouts.Â
An experienced truck accident attorney levels the playing field, understands how to investigate these cases, and knows how to maximize your compensation, especially given North Carolina’s strict contributory negligence law.
What Is the Average Settlement Amount for a Truck Accident?
There’s no “average” settlement because each case is unique. The value of your claim depends on factors like the severity of your injuries, total medical expenses (current and future), lost income and earning capacity, the extent of property damage, the impact on your quality of life (pain and suffering), and the clarity of liability.Â
After your consultation, our team will examine all these factors to help you determine the full potential value of your specific case.
How Long Does a Truck Accident Settlement Take?
Because of the complexity of truck accidents, your case may take some time to settle. Cases also take longer if they involve multiple at-fault parties or a court case. No matter how long your case takes, your attorney at Lewis & Keller will keep you updated the entire time and ensure your case is treated with the highest level of urgency.
Should I Speak to the Insurance Company?
Insurance adjusters are out to protect their own company’s interests, not yours. If the insurance company calls, direct them to your own insurance company or your attorney.
How Much Does It Cost To Hire A Truck Accident Lawyer At Lewis & Keller?
We handle truck accident cases on a contingency fee basis. This means you pay no upfront fees, and we only get paid if we successfully recover compensation for you. Our fee is a percentage of the settlement or award. This allows everyone access to quality legal representation regardless of their financial situation.
Recover the Maximum Compensation With Lewis & Keller
At Lewis & Keller, we are committed to helping you recover the maximum compensation possible for your truck accident injuries. Our skilled truck accident lawyers in Winston-Salem will thoroughly investigate your case, gather essential evidence, and build a strong claim to help ensure you receive the full financial support you need. We will stand by your side throughout the legal process, negotiating aggressively with insurance companies and, if necessary, taking your case to court to secure the justice and compensation you may deserve. Trust Lewis & Keller to fight tirelessly for your rights and help you move forward after a truck accident. Contact us today for a free consultation.
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- How To Prevent Your Truck From Jackknifing When Driving Through North Carolina
- How Fault Is Determined In A Commercial Truck Accident In Winston-Salem
- What Causes Brake Failure In Semi-Trucks & Who Is Responsible When It Causes Accidents
- How To Maximize Your Chance At Fair Compensation After An Accident In Winston-Salem
- Steps You Can Take If The Insurance Company Denies Your Personal Injury Claim
