What Happens If A Loved One Is Killed In A Truck Accident In North Carolina?
Key Highlights:
- What happens if a loved one is killed in a truck accident in North Carolina? Losing someone you love is difficult, but it can be overwhelming when they die due to a truck accident in North Carolina.
- Before any legal action can be taken after a wrongful death truck accident NC, the deceased person’s will must go through the probate court process. Only the personal representative of the deceased can file a claim for wrongful death.
- The minimum required liability insurance coverage required by federal law for trucking companies of $750,000 is much higher than the typical insurance policies, which means the amount of financial recovery in a commercial truck accident is far greater than in automobile accidents.
- North Carolina General Statute Section 28A-18-2 provides for punitive damages when a death is caused as a result of an intentional wrongful act or gross negligence, such as if a trucking company chooses not to follow safety rules.
- You are welcome to call the Tatum & Atkinson Law Firm at (800) 529-0804 any time after the accident occurs, and our law firm will not charge you for an attorney’s fee until you receive money.
It’s a lot to go through in a short amount of time: crash investigation, insurance statements, questions regarding your loved one’s estate, and possibly legal action. It’s way too much!
Unlike a typical vehicle accident with only one driver involved, a fatal truck accident in North Carolina means many more pieces of evidence will need protecting, as well as there will be many other parties who could potentially be held accountable for this tragedy, including insurance companies, multiple people involved in motor vehicle accidents or work-related accidents, etc.
Your family’s best interests will be met by preserving evidence, protecting their legal rights, and understanding what type of legal claims are permitted under NC law after someone has lost their life due to another individual’s negligence.
I’m Robert Tatum, and as an attorney at Tatum & Atkinson Law Firm (where we have nearly 65 years of collective legal experience), I have represented individuals and their families who have suffered loss as a result of an automobile accident and/or a fatal truck accident throughout the state of North Carolina since 2005.
What Happens Right After A Fatal Truck Accident?
The first couple of hours following a truck accident will usually be hectic with the police blocking the roadway, emergency responders tending to the injured, and the tow truck hauling away the tractor-trailer after it has crashed. During that same time, the police officers are documenting the scene with photographs, measurements, and interviews of witnesses so that they can prepare a crash report for the North Carolina Highway Patrol.
Additionally, a fatal truck accident North Carolina will likely involve…
- the North Carolina Highway Patrol
- local law enforcement agencies
- fire department
- emergency medical services (EMS)
- the medical examiner’s office
- tow trucks
- the companies that provide the tow trucks
- insurance companies
- and federal or commercial vehicle safety experts.
For family members, it can feel very cold, with multiple forms to fill out, telephone calls to make, and many questions to answer. However, that information is critical to properly reconstructing the crash.
Why Trucking Cases Are Different From Car Accidents
While both a fully-loaded tractor-trailer and a fully-loaded passenger vehicle can have devastating effects from a collision, the investigation of the two types of collisions is very different as well. A fatal semi-truck collision North Carolina will involve more than just the driver’s conduct. There will be driver logs, electronic logs, black box information, truck inspection records, maintenance files, cargo documents, dispatch records, hiring records, and company safety policies that all play into the investigation.
Because of the multitude of parties and potential sources of liability associated with a semi-truck accident, trucking cases are rarely simple. The truck driver may only be one of many parties that are part of the case. The trucking company, maintenance contractor, cargo loader, or broker may each be separate parties and responsible for the crash.
What Is A Wrongful Death Claim In North Carolina?
In certain situations, an individual may file a wrongful death lawsuit if their loved one dies as a result of another’s negligent act, wrongful act, or omission. In North Carolina, this statute is defined under G.S. 28A-18-2, which states that only the personal representative (or collector of the deceased’s estate) can file suit for wrongful death.
Who Can File: The Probate Step Many Families Forget
This is one of those points that is often confusing to families involved in tragic fatal truck accidents. A wrongful death lawsuit can only be initiated by the personal representative of the deceased’s estate, not by the deceased’s surviving family members.
Therefore, before any legal action can occur, an estate must be created, a personal representative appointed through the county probate court, and the non-respondent/wrongdoer’s insurance company must be notified that an estate exists. If the decedent had a will, it will name their personal representative; if there is no will, the judge will appoint a representative who is most often a surviving spouse, parent, or adult child.
A truck accident wrongful death claim NC involves both probate law and civil injury law. As a result, many families require assistance to understand the next steps to take quickly.
When is the deadline for filing a claim for wrongful death?
Under N.C. Gen. Stat. § 1-53, a wrongful death action must be filed within two years after the deceased died, not the date of the accident. Therefore, if the deceased person survived until several days or weeks after the accident, the two years for bringing a wrongful death claim begins to run from the date of death. Failure to file before the two-year deadline generally bars the right to pursue the claim regardless of how strong the facts supporting it may be. Because the process of going through probate can take time, families should not delay starting that process.
Who May Be Responsible After A Fatal Truck Crash?
Liability for causing a truck accident is determined according to what caused the accident. The driver of a truck may be liable for the accident caused by speeding, inattentive driving, falling asleep at the wheel, using drugs or alcohol, or changing lanes improperly.
The trucking company may bear liability for its failure to verify whether the driver was safe, ignoring violations of the Federal Motor Carrier Safety Regulations governing maximum hours of service worked per week, and for restricting the time available to the driver to deliver loads by requiring delivery within unreasonably short periods of time.
Other parties who may be liable for causing the accident include third-party vendors such as maintenance businesses, manufacturers of defective products, parties responsible for loading cargo, freight brokers, shippers or carriers, and governmental entities, as well as other negligent automobile drivers.
Why Company Records Must Be Preserved Immediately
Trucking companies often have possession of the most crucial evidence in any given situation. Evidence may not remain available indefinitely. Electronic data can be erased by overwriting, vehicles can be repaired, and dashcam footage can be deleted.
For these reasons, a quick preservation letter is extremely important to send to the trucking company after a deadly trucking accident North Carolina so that the family has no delay in preserving the evidence. Also, families are encouraged to retain an attorney as soon as possible after being involved in a truck accident in North Carolina.
Does North Carolina have a Contributory Negligence Law?
Yes, this issue rarely gets raised until it’s too late for families whose loved ones have been killed in a car or truck accident in the state of North Carolina. North Carolina’s contributory negligence laws state that if the deceased is found to be even one percent at fault for the accident, then this will bar the family from bringing a claim for wrongful death against the responsible party.
Therefore, as you can see, these two issues are why it is extremely critical to thoroughly investigate the accident and preserve the evidence. The truck company’s insurer will very likely attempt to pin some degree of fault on the deceased driver to mitigate its liability to the family of the deceased driver. The objective evidence (such as EDR data, toxicology reports, eyewitness testimony, and accident reconstruction) will provide the best defense against this argument.
What Compensation May Be Available?
A compensation after fatal truck accident NC could include damages associated with the death itself, as well as how it affects the family as a whole.
Possible Loss |
What It May Include |
| Medical expenses | Treatment before death, emergency care, and hospital bills |
| Funeral and burial costs | Funeral services, burial, cremation, and related expenses |
| Lost income | Wages, benefits, and financial support that the person provided |
| Pain and suffering | Conscious pain and suffering before death |
| Loss of companionship | Care, guidance, protection, comfort, and society |
| Services lost | Household help, childcare, transportation, and daily support |
| Punitive damages | Available when the conduct was malicious or willfully reckless |
Why Punitive Damages Matter In Trucking Cases
Pursuant to G.S. 28A-18-2, punitive damages are permitted in cases where malice or willful and/or wanton conduct caused wrongful death. For example, this section of the General Statutes applies to commercial trucking operations that knowingly ignore Federal hours of service violations, allow unsafe drivers to remain on the road, or do not repair known maintenance issues.
Discussions regarding punitive damages should occur with an attorney early on in the process, as they may have a large impact on the amount of the claim.
Why Trucking Insurance Limits Are Different
Under federal law, trucks must maintain minimum liability coverage of $750,000 for general liability, while additional coverage may be required for trucks transporting hazardous materials. Due to these differences, loss of loved one trucking accident NC would have substantially more financial exposure than a typical wrongful death claim resulting from an automobile accident.
How Does North Carolina Investigate A Fatal Truck Accident?
When an accident takes place and the investigation of a fatal truck accident North Carolina starts, the investigator will examine the scene of the accident, then continue their investigation.
To do this, they will study the position of each vehicle, the skid marks left on the surface of the road, pieces of equipment left at the scene, the weather conditions, revelations made by traffic signals or signs, the design of the roadway, and where the two vehicles impacted each other.
Once those steps have been completed then investigation will proceed to reviewing what chemically (via the results of toxicology tests), what was said by the drivers involved, the accounts of the witnesses, phone records, camera/recording from within the involved vehicles, the computer systems implanted in the trucks and/or cars, and the results of medical exams on the driver(s) involved in the crash.
North Carolina families, insurers, and attorneys may request official North Carolina crash reports through the N.C. Division of Motor Vehicles.
How Do Families Cope With Financial Uncertainty?
The emotional loss will occur first. The bills will come second.
When you experience the loss of loved one trucking accident NC, it could leave you without the necessary sources of income, health insurance, childcare, transportation, and support for your home. The spouse of the deceased may no longer realize how they will be able to pay for their mortgage; the parents’ hours of employment may be reduced drastically (if not totally), and for children, the results will be not having the guidance they require and losing the financial stability to provide for their future.
Surviving family members truck crash NC should recognize both types of loss (both those that are visible and those that will occur over time). For example, the loss of daily support in their routine, loss of guidance from the parent who has passed away, changing the family routines they had before the accident to now, and raising kids without a wage will be financially detrimental because of that situation over an extended period of time.
How Can Families Protect Their Rights During The Investigation?
Before you provide any recorded statements to trucking companies’ insurance representatives, be sure you know your rights. Even though insurance adjusters will likely be very nice to you on the phone, they are not going to attempt to protect your family.
You need to keep everything (documents, photos, messages, invoices, and letters) related to your North Carolina fatal truck accident lawsuit, including funeral records, medical bills, letters you receive from your insurance company, and names of any individuals who contact you regarding your loss.
What Should Families Avoid?
Do not sign broad release forms; do not accept a check for an early settlement; do not post anything about the accident on social media; and do not guess who is at fault for the accident.
Most likely, there have already been investigators working for the trucking company. The family involved in the trucking accident should have the same amount of time to prepare and present their case.
When Should A Family Talk To A Lawyer?
To protect their family, victims of fatal truck crashes should contact a lawyer promptly, as evidence can be lost or destroyed, trucking companies have limited retention policies on documenting records, people’s memories begin to fade soon after a loss, and the probate process in opening an estate and appointing someone to manage it takes a long time to complete (two years maximum after the date of the crash).
A lawyer also provides victims with the tools necessary to preserve evidence, determine who caused the accident, handle any insurance claims, review any evidence gathered during the investigation, coordinate with the administrator of the estate, and explain the family rights after fatal truck crash NC.
Speak with Tatum & Atkinson Law Firm About a Loved One Killed In A Truck Accident In North Carolina
If your loved one was killed in a loved one killed in a truck accident North Carolina, you may feel overwhelmed about figuring everything out right now. However, there is a specific timeframe to file your wrongful death claim, and the team for the trucking company is already working on their end to defend against you.
When you are ready, please call (800) 529-0804 for your first free consultation.
FAQs: What Happens If A Loved One Is Killed In A Truck Accident In North Carolina?
Who is legally allowed to file a wrongful death claim in North Carolina?
Only the personal representative/collector of a deceased individual’s estate may file directly against the insurance company of the at-fault party. The family does not have standing to file. The estate must first be established through the county probate court.
How long does a fatal truck accident investigation usually take?
Timeframes for getting to the final resolution of a wrongful death case are variable. Many may take several weeks to resolve, but a case with complexity, such as reconstruction, toxicology, business records, and multiple vehicles, will often take months.
Can multiple parties be responsible for a fatal truck accident?
Yes, numerous parties may be liable for wrongful death, including the driver, trucking company, maintenance provider, cargo loader, broker, manufacturer, and/or other drivers.
What types of evidence are often reviewed after a fatal trucking collision?
Investigative resources might include a crash report, photographic documentation, video documentation, a driver log (hours of service), “black box” data, maintenance records, toxicology reports, and witness statements.
Do all fatal truck accident cases end up in court?
Many wrongful death cases are resolved through pre-litigation settlement negotiation. Litigation is sometimes necessary in cases where there is disagreement on liability, the availability of insurance coverage, the existence of evidence, or the amount of damages.
