If a fuel truck is involved in an accident, there will likely be severe repercussions. These heavy trucks can easily lead to truck accident injury victims sustaining severe or even fatal injuries. Furthermore, fuel trucks can ignite in the aftermath of a collision, leading to potentially catastrophic consequences for anyone within the nearby vicinity. According to the NHTSA, around 1,300 fuel trucks are involved in rollover collisions annually. Within the past five years in North Carolina, multiple fuel truck collisions have led to fiery explosions, fatalities, and gasoline spills. When in an accident, fuel truck injury victims and their families may frequently be left with tremendous medical expenses and potential funeral and burial costs.
If you or a loved one have been injured or killed due to the negligence of a fuel truck driver in North Carolina, contact the experienced fuel truck accident attorneys at Tatum & Atkinson, ‘the Heavy Hitters,’ to receive your free, no-obligation legal consultation and see what we can do to help you today. You should never be forced to pay for the negligence of another driver. Here at Tatum & Atkinson, ‘the Heavy Hitters, ‘ we fight for the rights of truck accident injury victims and their families to seek just compensation for their accident-related injuries. Call (800) 529-0804 or contact us online to schedule your case evaluation with an experienced fuel truck lawyer today.
Why Do I Need a Fuel Truck Accident Lawyer?
Unfortunately, when involved in an accident with a trucking company or fleet service, these companies often have legal teams prepared to attempt to diminish the value of any claim and minimize any payouts they may be liable for. After a fuel truck accident, you need an experienced truck injury attorney to fight back against high-powered insurance and trucking company attorneys.
At Tatum & Atkinsons, ‘the Heavy Hitters,’ we have a proven track record of winning high-value settlements and verdicts for our clients. We work vigorously to develop an optimal legal strategy and build the most robust case possible to win your case. We assist our clients with obtaining and assembling compelling evidence to back up their claim. Finally, we provide our clients with peace of mind that can be had when retaining an experienced trucking accident lawyer to represent them and fight for their rights to fair compensation. Obtaining a fuel truck accident attorney allows you to focus on what matters most and spend your energy and time recovering.
Fuel Truck Accident Injury Damages
North Carolina is what is known as an “at fault” state. This allows accident injury victims to recover financial compensation for their losses when an injured party proves that a negligent party caused the accident in which they sustained their injuries. Damage refers to the victim’s losses which may be economic or intangible, non-economic expenses, such as pain and suffering. Financial compensation awarded after a fuel truck accident will depend on the circumstances and the type and severity of injuries. Monetary compensation often includes:
- Medical expenses
- Future medical expenses
- Lost income
- Vehicle repairs or replacement
- Property damage
- Pain and suffering
Wrongful Death
In the event that the fuel truck accident leads to the death of a loved one, whether immediately or in time after succumbing to their injuries, the immediate family of the decedent may pursue a wrongful death claim to obtain compensation for wrongful death. Wrongful death financial compensation may include:
- Funeral and burial expenses
- Loss of companionship
- Loss of lifetime income
- Pain and suffering
- Loss of benefits
Determining Liability in a Fuel Truck Collision
In order to receive financial compensation for injuries sustained in a fuel truck collision, your fuel truck accident attorney will use the legal concept of negligence to indicate that your fuel truck collision was due to the carelessness, or negligent behavior, of the at-fault party.
Negligence claims will have four main components that an attorney will present to prove that a claim eligible for financial compensation exists. The legal components of a successful claim include:
- The defendant(s) had a duty of care to exercise ordinary care as a reasonable person would and abide by all traffic laws and regulations.
- The defendant(s) breached their duty of care.
- The defendant(s) negligent actions led to an accident and resulted in injury, otherwise known as proximate cause.
- Injuries sustained by the accident injury victim led to damages, which may include all financial and non-financial injuries sustained by the accident injury victim and their family.
A fuel truck accident attorney will utilize existing laws and case law to build a robust legal argument demonstrating negligence. Your legal team may obtain expert witness testimony to support your claim and will obtain all available evidence to ensure that you receive the best possible outcome. Our team will aggressively negotiate with insurers and/or opposing counsel to reach a suitable settlement figure to ensure that all of your damages are adequately compensated. If an agreeable settlement figure cannot be reached, your fuel truck accident injury lawyer will discuss your options and may recommend taking your case to trial to be heard in front of a jury and judge.
Common Causes of Fuel Truck Collisions
Fuel truck accidents may occur due to a variety of reasons. However, among all fuel truck crashes, there are some commonalities. Below find some of the most common causes of fuel truck accidents:
Distracted Driving
Distracted driving, such as using a cell phone while driving, is a leading cause of accidents, no matter the type of vehicle.
Speeding
Speeding is a leading cause of accidents in large trucks, as they require more time to brake and may quickly lose control when taking a tight turn or curve.
Driving Under the Influence
Driving under the influence is a leading cause of accidents, whether large trucks, fuel trucks, or passenger vehicles. Additionally, some drivers will utilize illegal or over-the-counter drugs to push through long shifts to overcome fatigue.
Hours of Service Violations
Although there are regulations in place from both the DOT and the FMCSA dictating how many hours a truck driver may drive per day and per week, in some cases, employers may allow their employees to work longer hours to meet deadlines.
Pressure on Route Completion
Some trucking companies and fleet contractors will pressure drivers to meet unreasonable expectations, which may lead to an accident.
Improper Load
When loads have been secured improperly or are too heavy, there is an increased risk of being involved in an accident. When an accident is caused by improperly loaded cargo, multiple parties may be held liable.
Poor Maintenance
When a large truck, such as a fuel truck, is not adequately maintained, it can lead to an accident, making fleet management, a maintenance company, or others potentially liable for an accident caused by poor vehicle maintenance.
Call a North Carolina Fuel Truck Accident Lawyer
If you or a loved one have been injured by a fuel truck, do not hesitate to contact an experienced fuel truck accident lawyer at Tatum & Atkinson, ‘the Heavy Hitters,’ by calling (800) 529-0804 or contacting us online to schedule your case evaluation today. An experienced fuel truck accident lawyer will represent you in negotiations with the insurance company, explain your legal rights, respond to your inquiries, and seek the best possible outcome for your case. In addition, at Tatum & Atkinson, ‘the Heavy Hitters,’ you owe us nothing unless we win.
