What to Do After a Truck Accident in North Carolina?

Key Highlights:

• What to do after a truck accident in North Carolina? Call 911, get medical help as soon as possible, document the accident (including the truck’s US DOT number), and speak to a lawyer before talking to any insurance adjusters.
• Trucking companies can legally dispose of electronic driver logs and black box (engine control module) records; however, if a truck crash attorney gets involved shortly after an accident occurs and sends a letter of preservation, then they are required to preserve those records. 
• In NC, if you admit to any percentage of fault, you will be completely barred from recovering any damages.
• Liability can extend beyond the driver as well to corporate entities such as the trucking company, cargo shippers, and maintenance companies.
• Tatum & Atkinson will work with you (risk-free) to win your case. Call us for a free consultation; you will pay nothing if we do not win your case.

The time immediately following a truck accident is extremely hectic, and how you respond during this time can affect your recovery and your claim. An accident involving an 80,000-pound truck is not simply a larger vehicle accident; the evidence involved is very complicated, and you will be facing large corporations on the other side of the case. 

Tatum & Atkinson Law Firm understands that knowing what to do after a truck accident in North Carolina will help protect the legal options available to you. In this blog, we will discuss the steps you need to follow in order to protect both your health and your rights. 

Do not try to handle the big trucking and insurance companies on your own. Contact our experienced truck accident lawyers now for a free consultation. Call us at (800) 529-0804.

Why a Truck Crash Is Not Just a Bigger Car Wreck

A fully loaded tractor-trailer may weigh 20 to 30 times more than an average-size car and will require a much larger distance to stop. Because of these factors, truck accidents will typically cause more than just minor injuries. 

According to the Insurance Institute for Highway Safety, in most fatal truck-versus-car crashes, the people who die are the ones in the passenger vehicle. North Carolina truck accidents also involve unique federal regulations and possibly multiple defendants, but they also present a unique time frame for evidence collection; therefore, it is essential to treat them differently from regular vehicle accidents.

What To Do After a Truck Accident in North Carolina

Here are the steps to take after a truck accident:

• Get to safety and call 911 – After being involved in a serious truck accident, you need to get help right away, and it is critical to report this to the local authorities. In addition, there is usually a requirement for law enforcement to create the necessary documentation (official report) to record what happened. 
• Accept medical care, even if you feel okay – Adrenaline can mask your pain severity after an accident. With many truck accidents, serious injuries such as brain trauma or internal damage may not manifest for days or longer. Therefore, make sure you see a physician as soon after the accident as possible to protect your health and ensure that any injuries sustained in the accident are also noted. 
• Make sure law enforcement responds and files a report – Per North Carolina law, all crashes involving injury or substantial damage to property must be recorded. It’s crucial that you get the contact information for the officer who investigated your crash and the incident number that corresponds to that report. 
• Document everything you safely can – Take pictures of all vehicles, as well as the license plate number and U.S. DOT number of the truck; take pictures of the roadway and any visible injury you have received; and get a list of names and telephone numbers of any witnesses to the accident.
• Get the trucking company’s details – You will also want to obtain the name of the trucking company and the USDOT or MC number on their vehicle in order to help determine which company/companies are liable for the accident. 
• Do not discuss fault or give a recorded statement – Be careful about giving any recorded statements to the truck driver or the insurer of the trucking company. In North Carolina, one stray admission can cause you to lose your case.
• Call a truck accident lawyer quickly – Because the trucking company controls most critical evidence, it tends to vanish quickly as time passes, and the sooner you act, the better your chances will be of preserving that evidence.

The Evidence That Disappears

Much of the most critical evidence in a truck case lies with the trucking company and is wiped out according to a regular schedule if no one steps in to save it.

Logs and Hours-of-Service Data

An ELD records tell you when the driver was actually driving and if they violated any federal hours of service regulations. The FMCSA regulations require such logs to only be maintained for a period of six months. Thus, such evidence will be wiped out long before your commercial truck accident claim even starts.

The Truck’s Black Box

A black box of a truck keeps the speed, braking, and throttle information during the crucial moments prior to the crash. Such evidence can be wiped out as soon as the truck goes back to business after repairs or just gets repaired.

Company Paperwork

Maintenance and inspection documents, as well as the driver qualification file, tell if there were any issues with the vehicle or the driver; evidence that the company will not give you willingly until a truck accident lawyer intervenes.

Why the 1% Rule Makes Your Words Dangerous

The state of North Carolina operates under pure contributory negligence, where even being 1% at fault means you will not be able to recover anything. 

That’s why the insurer of the trucking company goes through your recorded statement or your social media accounts for any possible indication of fault. This is what the adjuster is looking for to pin that one percent on you.

Injuries and Follow-Up Care

Truck accidents usually result in very serious injuries, such as: 

• Traumatic brain injuries
• Spinal injuries
• Fractures
• Other internal injuries. 

Follow up on all treatments that your doctors suggest to you. Gaps in your treatment are detrimental to your health and to your case against the insurance companies.

How a Lawyer Investigates a Truck Crash

The truck accident lawyer quickly takes steps to issue the preservation letter, which forces the company to hold onto the logs, black box evidence, and documentation listed above.

The next step is to investigate to determine who is liable, whether it be the driver, the carrier, a broker, the shipper, or the maintenance company, among others, using the assistance of an accident reconstruction expert where applicable. This paves the way for the filing of a case.

Injured in an NC Truck Accident? Get the Heavy Hitters on Your Side 

The trucking company’s crew members are already trying to minimize their liability towards you. Tatum & Atkinson has been representing individuals in North Carolina for 20 years, beginning in 2006, with respect to personal injury claims resulting from accidents. 

If you are worried about what to do after a truck accident in North Carolina, “The Heavy Hitters” are here to act promptly in order to save the black box data and fight for your compensation.

For a free initial consultation, call us at (800) 529-0804. We operate under contingency fees – no fees if you do not win, and quick action protects your case.

Frequently Asked Questions

How is a truck accident claim different from a car accident claim?

These cases entail federal safety regulations, multiple defendants, bigger insurance limits, and special evidence that is unique to truck accident cases and follow a different evidence timeline, making quick action imperative.

Should I give the trucking company’s insurer a statement?

Not at all. That adjuster knows how to get you to make admissions that will be used against you based on North Carolina’s 1% rule. Just politely refuse and leave the communications to your lawyer.

How long do I have to file a truck accident claim in North Carolina?

Most personal injury lawsuits have a three-year statute of limitations, but this is the statute of limitations to file suit; there are other deadlines, too. Like, evidence from the trucking company may be gone within months.

Who can be held responsible besides the driver?

Sometimes there may be several parties involved, such as the trucking company, the broker, the shipper, or a maintainer whose carelessness led to the accident. Identifying the guilty party is an essential step in a trucking accident investigation.

What does hiring a truck accident lawyer cost?

No charge whatsoever at all. There is no cost until money is recovered because this is a contingency case, and the initial consultation is free of charge.

About the Author

Robert Tatum

Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.