If you’ve been injured in a speeding truck accident, you may wonder what your rights are. Can you sue the driver who hurt you or the company who hired the driver? You may also wonder if you’re entitled to compensation for your accident-related injuries, lost wages and future earnings, and pain and suffering. Pringle & Herigstad, P.C., has 100 years of experience helping victims get the justice and the money they deserve.
Speeding Truck Accidents and North Dakota Law
A statute of limitations sets a time limitation on how long you, as the victim of a speeding truck accident, have to file your lawsuit against the at-fault party. North Dakota law requires that you file suit within six years of the injury.
That may seem like a long time — but the longer you wait, the more difficult it may be to get justice in your case. Witnesses forget certain details, CCTV footage may be deleted, and doctors may have difficulty tying your injuries to the crash.
Truck Accident Causes
Many accidents, including truck accidents, have common causes. They include:
- Driver negligence: One of the most common causes of accidents in general, and truck accidents in particular, is driver negligence. “Negligence” is an all-encompassing word, and it can refer to anything from a foot slipping from the brake to driver fatigue, to distracted driving, to failure to yield. It may also refer to poorly trained and inexperienced truck drivers.
- Improperly loaded trucks: Imbalanced or unevenly distributed loads can alter how the semi-truck handles, making it much more difficult for the driver to maintain control. Similarly, if cargo is not properly secured on an open flatbed truck, it can fall off the back, striking nearby vehicles or leaving obstructions amid fast-paced traffic.
- Improperly maintained trucks: Trucking companies are required to maintain their vehicles. Trucks that have faulty braking systems, threadbare tires, broken headlights and taillights, and other mechanical issues are more likely to cause an accident than trucks that are properly maintained.
- Trucking company negligence: If a trucking company doesn’t carefully screen drivers before they hire them, or if they hire them despite poor driving records, those drivers can cause accidents. Likewise, the company is required to see that their drivers are properly trained. Untrained drivers can cause accidents through ignorance or inexperience.
Is North Dakota a No-Fault State?
North Dakota is a no-fault state. Under North Dakota law, all registered motor vehicle owners must purchase insurance. That insurance includes basic no-fault insurance with a $30,000 minimum. This basic no-fault insurance, sometimes called Personal Injury Protection (PIP) insurance, can help alleviate financial loss in the event of an accident. Other required coverage is:
- $25,000 in bodily injury per person
- $50,000 in bodily injury per accident
- $25,000 in property damage liability
- Uninsured and underinsured motorist coverage, both to the same limit as your bodily injury coverage
You’ll need to file a claim with the other driver’s insurer for any property damage that resulted from the accident. Additionally, you could file a claim with their insurer if you meet the requirements of the serious injury threshold. If your medical expenses exceed $2,500 or if you sustain a significant and permanent disfigurement or disability that lasts more than 60 days, you can pursue compensation from the at-fault driver’s insurer, as well. When you file this claim, you can also pursue money for pain and suffering.
Going through your own insurance company for compensation for your medical expenses and lost wages is not a straightforward process. Insurance companies, like every other company, are in business to make money — and are interested in settling your case as quickly and as cheaply as possible. This is also true for the other party’s insurance company.
That’s why it’s imperative to contact Pringle & Herigstad, P.C. if you’ve been injured in a speeding truck accident. We have 100 years of experience handling all aspects of your claim, from insurance companies to adjusters and from opposing counsel to the North Dakota court system.
Going Outside North Dakota’s No-Fault System
When you file a claim with the at-fault party’s insurer because your injuries crossed the serious injury threshold, you are “going outside” the no-fault system. However, that’s not the only way to pursue compensation for pain and suffering and other intangible losses related to the accident.
If other parties were at fault for the accident, you can file lawsuits against those parties to recover compensation for your accident-related losses. These parties might include the trucking company if they engaged in negligent hiring practices or urged their employee to drive beyond federal Hours of Service Regulations. If a part or system on the truck was faulty and caused the crash, you could sue the manufacturer. If the maintenance company responsible for servicing the truck missed a significant repair that should have been made, and that lack of repair caused the crash, you could sue them.
You need an experienced personal injury attorney to determine the identity of all potentially liable parties and to handle your speeding truck accident claim.
Contact Pringle & Herigstad, P.C. Today
At Pringle & Herigstad, P.C., our team of attorneys has helped our clients receive thousands of dollars in settlements and verdicts for their injuries, lost wages, future earnings, and pain and suffering. Our firm’s commitment to client satisfaction and personalized attention has earned the trust of hundreds of satisfied clients.
Best of all, there is never a fee unless we recover money for you. We charge nothing upfront because we believe the size of your bank account should not determine whether you can afford quality legal representation. We’ll take over your entire case and handle every detail. You shouldn’t have to fight with insurance companies, haggle with adjusters, or become overwhelmed by the North Dakota court system. Contact us today.
Pringle & Herigstad, P.C. is committed to supporting individuals in North Dakota, including Grand Forks, Minot, Fargo, Bismarck, Williston, Rugby, Devils Lake, Jamestown, and the surrounding areas. Our dedicated team is here to provide legal assistance and guidance to those facing the complex challenges that arise from these incidents.
