Do Trucking Companies Hire Their Own Lawyers Quickly In North Carolina?
Key Highlights:
- Do trucking companies hire their own lawyers quickly in North Carolina? The answer is yes. Corporate defense groups deploy rapidly (usually within hours) of a collision to shape the narrative and protect the interests of the carrier.
- Due to North Carolina’s contributory negligence statute, if the defense is able to demonstrate that you are even slightly negligent in any way (including 1%), you may be precluded from receiving any type of damage payment.
- Some essential evidence (such as black box data, dash cam videos, logbooks, etc.), when not demanded to be preserved within the appropriate time period, can be altered or destroyed.
- Insurance adjusters who make immediate cash offers to settle your claim are attempting to pay you substantially less than what your actual and future legitimate medical expenses would be, so always consult a lawyer first.
In the event that you sustain injuries as a result of an accident (e.g., a collision with a commercial truck), you should know that the trucking company will start its legal defense before you are even released from the hospital.
Gaining a clear understanding of how “do trucking companies hire their own lawyers quickly in North Carolina” following an accident will determine whether you receive a fair settlement or nothing at all.
At Tatum & Atkinson Law Firm, our truck accident lawyers in North Carolina have witnessed this repetitive pattern of responses from trucking companies time and time again. This guide will outline the most important things that all injured victims of truck accidents need to know regarding their cases, beginning with the most pressing facts to understand first.
If you are involved in an automobile accident with a commercial truck, reach out to us for a free consultation with experienced lawyers. Call us today at (800) 529-0804.
Do Trucking Companies Hire Their Own Lawyers Quickly in North Carolina?
Yes, they do immediately, and this is not an exaggeration.
Most commercial truck accidents in North Carolina are reported to the carrier’s legal counsel within hours after they occur. Large trucking companies have an on-call relationship with defense lawyers from specialized defense firms. Meanwhile, smaller carriers typically include immediate legal services in the form of commercial liability insurance (their standard coverage).
Do trucking companies hire lawyers after an accident? They always hire one to be on standby. The minute there is a report of a serious accident, whether it’s an 18-wheeler accident in NC along I-85 or a US-74 collision, for example, the trucking company will contact its insurer, assign its trucking company defense lawyer, and if it’s a serious accident, will send in a private accident reconstruction team on-site.
If, however, you do not have a North Carolina truck accident attorney representing your interests immediately following the accident, you have already placed yourself at a disadvantage.
Why Trucking Companies Act Fast
How fast do trucking companies respond after an accident? They respond to the insurance claim within hours and to the lawyer within days, and all of this is planned with purpose.
Trucking companies have data on every vehicle through ELDs (electronic logging devices), GPS data, dash cam footage, and ECM (motor vehicle’s control module) data (“the black box”). This data is legally preserved only for a short period, so they act quickly to impose their own terms on how the data is documented and how the accident is described before you hire anyone.
In North Carolina, victims are at an even higher risk because of the contributory negligence law, which is one of the strictest laws in the country. If a victim was even just 1% contributing to the cause of the accident, he or she will not receive anything from the responsible party. Trucking defense lawyers know this and will find any basis for contributory negligence on the victim’s part.
Who Investigates Truck Accidents in North Carolina?
In North Carolina, truck accidents are investigated by several different parties with different motives in mind.
Law enforcement will be the first to arrive and complete the official crash report. The next group of investigators on the scene will be from the trucking company’s team, who will collect any information that might be helpful to their case from an insurance company’s viewpoint. If the truck accident had catastrophic results, it is possible that there could also be investigators from the FMCSA involved.
If your attorney’s investigators engage early, they’ll record skid marks, collect nearby video surveillance footage, and identify witnesses before memories begin to fade. That is why it is so important for you to contact a commercial truck accident attorney in North Carolina within 24-48 hours; it’s not just important, it’s critical.
Evidence Collection After a Commercial Truck Crash
In a truck accident lawsuit in North Carolina, some of the most valuable evidence is time-sensitive. Examples include:
- ELD and ECM data: It provides evidence of compliance with hours of service (HOS) and shows speed, braking, and other actions taken by the driver in seconds before the collision.
- Driver qualification files: Which will show the driver’s licensing history, prior violations, and drug or alcohol screening results, and are essential for negligent hiring cases.
- Maintenance and inspection records: Showing the lack of proper tire and brake maintenance will shift liability from the driver directly to the trucking company.
- Dashcam and surveillance footage: May corroborate or contradict the official accounts of the accident.
A knowledgeable and experienced 18 wheeler accident attorney NC sends a spoliation letter (the legal term for a request to preserve evidence) to the trucking company within days after being retained as your attorney. Without this request, the critical evidence will be lost.
Do Trucking Companies Try to Settle Quickly?
Occasionally, the quick settlement is never in your favor.
The Lowball Settlement Trap
Insurance adjusters, or trucking company defense lawyers, may reach out personally after a catastrophic wreck. Before you have secured an attorney, they may offer you a quick monetary settlement to help you alleviate immediate medical bills.
Unfortunately, these initial payments will generally be much less than what you are really owed. They may be put in place to totally finalize the case before you take into account:
- The cost of any long-term medical care needed to treat your injury or illness
- Your entire loss of potential future earnings
- Your complete array of legal leverage
Adjusters vs. Defense Lawyers: Who Are You Up Against?
After you’re involved in a commercial collision, you’re not only going against one individual; you’re also working against 2 entities who have teamed up against you.
- Insurance Adjusters: While insurance adjusters do handle your claim, and they have been trained to reduce settlement payouts, they are not lawyers.
- Defense Lawyers: Defense attorneys are highly skilled litigation strategists who develop ways of winning against your case in court.
When you are going up against both of the forces simultaneously, you also must have an experienced lawyer to counter all the moves made by both of them to win and to help defend yourself.
What a Real Recovery Looks Like
The semi truck accident lawsuit process in North Carolina is extremely complicated and takes place over an extensive period of time, typically lasting several years. The litigation process involves extensive discovery, multiple expert witness depositions, and various levels of witness testimony. Due to the seriousness of the injuries caused by the truck crash, the total amount of compensation to be awarded in a serious truck accident case can be in six or seven figures. Remember never to accept settlement offers from insurance lawyers for trucking companies before talking to your lawyer first.
How to Protect Your Rights After a Truck Accident
Seek Medical Attention Immediately
Traumatic injuries, including damage to your spine and brain, frequently will not become symptomatic until hours or several days later. Therefore, the medical record for the treatment you receive on day one will be used to connect your injuries to the accident.
Do Not Speak To The Trucking Company’s Lawyer Or Adjuster
Under North Carolina’s contributory negligence rule, anything you say to the lawyers or adjusters that points towards you having any liability can be disadvantageous. As the adjusters and lawyers will use it against you and put more fault on you, and because of the 1% rule, you may be barred from receiving any compensation.
Document Everything
It’s a good idea to take pictures of the accident, your injuries, property damage that was caused by the crash, and road conditions in general, as well as to save any up-to-date medical bills, prescriptions filled after the accident, and documentation of lost work time.
Call A Truck Accident Lawyer Immediately
The longer you wait to have a lawyer represent you, the longer it will take for your attorney to create a preservation demand and formally protect your rights.
In North Carolina, you have three years from the accident date to file a personal injury claim under N.C.G.S. § 1-52, but the window for preserving evidence will soon expire. Waiting could create an enormous error in your strategy.
How to Choose the Best Truck Accident Lawyer in North Carolina
Not every personal injury law professional has the experience and resources necessary for taking on a commercial trucking company’s team of attorneys and their legal defense. But we at Tatum & Atkinson Law Firm are. When choosing a law firm, you should look for:
- Trucking-specific experience: Cases involving commercial trucks will involve FMCSA regulations, multi-party liability chains, as well as industry expert witnesses that normal law professionals do not usually encounter.
- Investigative capacity: Our attorneys have access to accident reconstruction experts, medical professionals, and vocational rehabilitation professionals ready to respond quickly.
- Trial readiness: Defense teams are more likely to settle more favorably when they know that your attorney is ready to go to trial.
- Contingency fee structure: Our truck accident lawyer North Carolina does not ask for money up front. You do not owe us money unless we win your case.
Tatum & Atkinson Law Firm leads a team of experienced attorneys who handle each truck crash liability North Carolina on an all-contingency fee basis.
What Is the 80/20 Rule for Lawyers?
The 80/20 Rule in personal injury law refers to the idea that a small percentage of personal injury cases with severe injuries and clear liability create most of the recoverable value for all personal injury cases.
Due to the complexity of these cases, they will require a large investment of time, money, and strategy, so it is extremely important to choose your North Carolina truck accident attorney carefully. You want to make sure that your attorney has the resources available to devote to your case and is not part of a high-volume “settlement mill” that tries to do too much with too little.
Law firms that have high case volume will not perform well on high-stakes cases that require more time and effort from the attorneys. At Tatum and Atkinson, we want every case to get the attention to detail that it requires from each individual client.
Talk to Tatum & Atkinson For Free
After a commercial vehicle accident, time is of the essence, and things can happen fast. So, do trucking companies hire their own lawyers quickly in North Carolina? The answer is yes, after an accident, and their legal teams are on the ground collecting evidence and working to deny your claim.
You also have the right to have someone fight relentlessly on your behalf. Tatum & Atkinson Law Firm would like to bring you the same dedication as the trucking company has in protecting itself. The truck accident claims in North Carolina are handled by us on a contingency fee basis, so there are no out-of-pocket costs to you until we win.
Don’t allow the trucking company to dictate the story of your accident. If you wait to collect the evidence, it’s possible that crucial evidence could be lost.
Call (800) 529-0804 now to schedule your free consultation with no obligation.
FAQs: Do Trucking Companies Hire Their Own Lawyers Quickly in North Carolina?
What should you not tell your attorney?
Withholding information about prior injuries, health issues, and past accidents is not advisable. This information will come out during the discovery process, so it is important to give your attorney a complete picture to help them create a solid strategy.
Can I still sue if the trucking company already has a lawyer?
Yes, being represented by an attorney does not prevent you from pursuing your own rights as a truck accident victim; rather, it confirms why you need an experienced truck accident lawyer in North Carolina engaged as soon as possible.
How do trucking companies defend accident claims?
Truck companies defend against truck accident claim North Carolina by arguing contributory negligence and disputing injury severity; they also challenge the cause of the accident. Additionally, trucking companies will selectively use data to support their defense.
Who investigates truck accidents first?
Initially, law enforcement conducts an official investigation of the truck accident. Next, the trucking company’s insurance and legal team will conduct its investigation. Finally, you will have your independent investigators from the attorney’s office start their work, usually, 24-48 hours later.
Should I talk to the trucking company’s lawyer?
You should not discuss anything with the trucking company’s lawyer. You should not have any direct contact or interaction with either the company’s attorneys or adjusters regarding your claim. All statements made to their representatives are subject to use against you. Instead, direct all communication to your legal team.
How long do I have to file a truck accident claim in NC?
You have a total of three years from the date of your vehicle accident to file under North Carolina General Statute § 1-52. Still, evidence can disappear quickly, so you should contact a commercial truck accident attorney North Carolina as soon as possible
Disclaimer: This post is intended solely for informational purposes and is not to be construed as legal advice. Current residents of North Carolina should seek consultation from a Tatum & Atkinson attorney at (800) 529-0804, licensed to practice in the state, for legal assistance based on their individual situation.
