When Would I Need An Expert After A Trucking Accident In North Carolina?
Key Highlights:
- Trucking accident liability requires technical evidence not found in other claims.
- Liability experts examine the black box, logs, and maintenance records.Â
- Damage experts establish the actual value of injuries throughout a lifetime.Â
- Some trucking documentation may be purged in as little as six months.Â
- 1% rule in North Carolina requires ironclad expert proof.Â
When Would I Need an Expert After a Trucking Accident in North Carolina?
For most automobile accident cases, liability is shown by the police report and medical records. For a heavy-duty trucking case, that won’t happen. Liability in the trucking industry relies on data stored in the truck’s black box, driver logbooks, and federal safety records, all of which require a truck accident expert witness to interpret.Â
So the basic answer is that you need an expert for just about any truck accident in North Carolina that results in a severe injury. These are the experts and how each can help.
My name is Robert Tatum, and I am a lawyer at Tatum & Atkinson Law Firm. Being veterans in the law for the last 65 years, since 2006 at Tatum & Atkinson Law Firm, we have the benefit of working with an accident reconstruction expert in NC, a truck accident expert witness, and truck injury experts who specialize in life care planning in North Carolina.Â
In the event that you become a victim of a commercial truck crash, we are knowledgeable when it comes to preserving evidence and challenging findings.
Reasons Truck Case Needs Expert Witnesses When Car Case Does Not
Truck accidents are inherently different than car accidents, and here’s why.
More Information, More Complex Information
The loaded tractor-trailer truck is a source of commercial truck crash evidence that a car does not provide, such as readings from the engine control module, the hours-of-service logs kept electronically, and compliance records for inspections and maintenance. None of the information has much meaning without expert witnesses, but all of the information could determine the outcome of the case.
Multiple Defendants; Multiple Blaming
The driver, motor carrier, owner of the truck, repair garage, and company that loaded the cargo could all be at fault, and all will blame each other. The expert witnesses will sort out who is at fault.
Experts Who Will Establish the Fault
The following experts are expected to work on the case.
Accident Reconstruction Experts
The accident reconstruction expert NC will reconstruct the accident from the evidence, such as skid marks on the road, vehicle damage, road geometry, and physics. They will establish how fast the truck was going and when the trucker had time to brake.
Trucking Safety & FMCSA Violation Specialists
These FMCSA compliance expert specialists review the hours-of-service log, driver qualification file, and safety record of the carrier to uncover violations under federal regulations, such as fatigued driving beyond the limit of hours, hiring an unqualified driver, or putting pressure on drivers to forego the mandatory breaks.
Forensic Engineers and Black Box Analysts
The truck’s black box is its engine control module, and it documents the speed, acceleration, and brake use during the last moments before impact. The forensic engineers will download and analyze the data and look at the brakes, tires, and components for signs of mechanical defects that a carrier would prefer to keep quiet about.
The Damage Experts
These are the specialists who would be assessing the damage.
Medicine Experts
The treating physician and medical experts give detailed information on the nature of the injuries, future surgery needs, and the extent of the damage in long-term disability cases.
Life Care Planners
A life care planner truck injury calculates all the future costs of treatment, equipment, therapies, and in-home services and puts together a comprehensive plan.
Vocational Experts and Economists
The vocational expert will assess how the injury affects your capacity to earn a livelihood, while the economist will determine how much money that represents in today’s dollars based on a loss of earnings and care through the rest of your lifespan.
When Testimony by Experts Makes All the Difference
The expert witness does his or her hardest work in two instances. In the settlement process, the testimony may prove so convincing that it forces the insurance company to take the claim seriously rather than trying to minimize its worth. During the trial process in North Carolina, expert testimony is usually required for technical matters that a jury would not understand otherwise.
Protect the Evidence While You Still Can
Trucking evidence doesn’t last long. According to the regulations, the carrier must retain a driver’s logbook and related documents for only six months and erase any information recorded by the black box upon return to service after an accident.Â
This is why a preservation letter is sent immediately to demand the retention of the engine control module information, the logs, and the maintenance records. Too much time will mean that the evidence is no longer available.
Common Trucking Company Defenses Debunked by Experts
In a case where there is a truck accident, there are going to be many defenses brought about by the defendant that try to shift the blame onto someone else. These defenses can easily be countered through:
- “The car cut us off.” Reconstruction proves the truck could have avoided the accident.Â
- “We followed all the guidelines and regulations.” Logs and qualification records prove the truth.Â
- “These injuries were preexisting or embellished.” Life care and medical experts prove otherwise.
North Carolina’s “1 Percent Rule”
As far as the state of North Carolina is concerned, its law of pure contributory negligence suggests that if the trucking company can establish even 1 percent of fault to you, then you can lose everything.Â
The “1 percent rule” is precisely the reason why the importance of truck accident expert witness testimony is greater in this state than in others, because the experts prove your innocence and not only the fault of the trucking company, and should be filed within three years under the law.
Injured in a Commercial Truck Accident in North Carolina? Consult Tatum & Atkinson
Investigators for the carrier are usually on-site within hours, and the information that your case relies on is ticking away on the clock. There is no cost and no obligation to determine what your case requires. Since 2006, Tatum & Atkinson has been dealing with commercial-truck cases in North Carolina from our Raleigh office and the major transportation routes of I-40, I-85, and I-95.Â
The North Carolina truck accident attorney Heavy Hitters knows how to get to the bottom of the FMCSA records and collaborate with the reconstructionists, medical experts, and economists who translate raw information into evidence.Â
Contact (800) 529-0804 for a free consultation. We operate under a contingent fee agreement, so we only earn if we recover money for you.
Frequently Asked Questions!
Do I have to pay for these experts up front?
No. In a contingency situation, the company pays the fees for experts, and it gets paid back from any recovery. This means you don’t cut any checks to a reconstructionist or life care planner truck injury as the process goes forward.
Will my truck case actually go to trial?
Most do. However, those settlements that come out favorably have been constructed on the assumption that there will be a trial, with expert witnesses ready for the fight. That credible threat may very well bring about a fair settlement.
The police report already blames the trucker. Do I still need experts?
Yes. Police reports are only a jumping-off point. They are subject to attack by the carriers’ lawyers, but accident reconstruction expert NC analysis will withstand that onslaught.
Can I still recover if I was partly at fault?
In North Carolina, being as little as 1% at fault can make you ineligible for recovery. That is why the expert analysis that proves your lack of fault is equally as important as proving the truck driver’s.
Why do expert witnesses play such a critical role after a truck accident in North Carolina?
Truck accident expert witness examines technical commercial truck crash evidence, including the black box, driver logs, and FMCSA compliance expert logs, to demonstrate the liability and your total damages. Expert witnesses play a particularly significant role since the law in North Carolina allows for a defense of contributory negligence if you are 1% at fault.
