Can I Still File a Claim if I Was Partially at Fault in a Truck Accident?

Home / Truck Accident Attorney / Can I File a Claim if I Was Partially at Fault in a Truck Accident?

An attorney explains when you can fild an insurance claim after a truck accident.

The financial costs of a truck accident can rise rapidly. Truck accident claims can be worth thousands of dollars or much more and may include medical expenses for care, replacement income if an accident victim cannot work while healing from their injury, and other costs. So who is in charge of covering those expenses? Who determines who must make the payments? When it comes to receiving compensation for a truck accident, each state has specific regulations. The same applies to North Carolina. Because of this, it’s crucial to comprehend how North Carolina’s legal system operates, especially if another driver was at fault for your collision. Because North Carolina is a contributory negligence state, you typically cannot receive compensation for your injuries if you were somewhat at fault for the accident. Speaking with a North Carolina car accident attorney who can investigate what happened, defend your rights, and seek fair compensation is crucial.

Is North Carolina an At-Fault State?

When it comes to truck accident claims, North Carolina follows the “at fault” approach seen in many states. This implies that all costs associated with an accident for injured victims must be covered by the person at fault. Although it can seem obvious, there is frequently substantial disagreement as to who was at fault. That’s because, per the state’s at-fault system, the at-fault party frequently makes every effort to avoid being held liable for the accident’s costs.

A “tort” system is another name for the at-fault system. Tort refers to civil disputes in which one party—the claimant or the person making an injury claim—suffered a financial loss due to the behavior of another party who is legally liable for the claimant’s injury-related costs.In other cases, depending on the circumstances, there may be more than one responsible party.

Each accident claim is unique. A few thousand dollars may be the value of some. Others may be substantially more valuable. What is important is that you should be made whole for all your harms, including bodily pain, emotional anguish, and diminished quality of life.

Truck Accident Investigations

After your vehicle accident, having a skilled attorney on your side can have a significant impact on how your case turns out. Your attorney can negotiate with the at-fault driver’s insurance company on your behalf to seek the highest possible monetary settlement, as opposed to them determining what occurs next. Your attorney will probably need to undertake a thorough investigation into your accident to bargain with insurance companies. This frequently entails getting hold of and examining your official North Carolina traffic accident record, speaking with any eyewitnesses to your collision, and, if necessary, seeking the advice of accident-reconstruction specialists. In addition, there might possibly be dashcam or traffic camera footage of your crash. If so, your lawyer can fight to get access to such information.

When they see you have a lawyer committed to your cause, insurance companies frequently agree to collaborate and negotiate in good faith. Alternatively, your lawyer may file a lawsuit if the at-fault driver’s insurance company behaves in bad faith, declines to bargain, or rejects your accident claim. But don’t put off finding out more about your legal choices until the last minute.

As soon as possible, consult a qualified North Carolina truck accident attorney. Make a consultation with Tatum & Atkinson, ‘the Heavy Hitters, ’ right away to receive your no-cost, confidential case analysis.

At Fault in a Truck Accident in North Carolina

One of your initial thoughts following a car collision would be, “Who was at fault in a truck accident in North Carolina?” This is a very important question. Unfortunately, due to state accident claim laws, even if the other motorist was mostly at fault for the collision, if you contributed to it, you are not eligible to receive compensation for your injuries from them. Keep reading to discover why this is and what to do in this circumstance.

North Carolina’s Contributory Negligence

After a truck accident, each state has a different strategy for assigning blame and calculating damages. However, most states operate on a comparative negligence basis. Per this system, a driver may file a lawsuit against the at-fault driver to seek compensation for pain, suffering, and property damage; however, the court will lower the damages awarded by the amount of blame placed on the claiming party. However, North Carolina employs a contributory negligence system. Even though the other motorist was 99 percent to blame for the collision, the driver who is suing for damages cannot recover money from him or her if she played any part in the crash.

The contributory negligence system has the potential to produce some rather unfair results. For example, consider the scenario where a driver runs a red light and crashes with your vehicle. At the moment, your speed was six miles per hour over the legal limit. If a judge decides that you contributed to the accident by exceeding the speed limit, you would not be eligible to receive damages under the contributory negligence method.

Truck Accident Fault

It goes without saying that if you are involved in a truck accident, the at-fault party will take considerable measures to blame you to escape liability. To demonstrate that the other driver was solely to blame for your injuries and property damage, you will need the assistance of an accomplished North Carolina accident lawyer. Let a knowledgeable attorney evaluate your case because you might not be partially at fault while believing you were. After a collision, our truck accident lawyers at Tatum & Atkinson, ‘the Heavy Hitters,’ can assist you in evaluating your case and demonstrating truck accident fault. To support your case, we can assist you in discovering visual proof, eyewitness accounts, police reports, and more.

The Last Clear Chance Doctrine

Unfortunately, even if the other driver was entirely at fault for the collision, North Carolina’s contributory negligence rule forbids injured plaintiffs from receiving any compensation if their conduct even slightly contributed to the crash. However, North Carolina has a last clear chance legal theory that can let you get paid even if you contributed to the accident in some way. According to this legal rule, injuries victims can obtain compensation even though they shared some of the blame if they can demonstrate the following:

  • After their negligent deed, they were in a risky scenario and helpless to stop the collision.
  • The other driver had a clear opportunity to prevent the collision but chose not to take it.

To determine precisely who was at fault for the collision, you can work with an attorney to collect the necessary evidence, acquire expert testimony, and reconstruct the accident. The accident lawyers at Tatum & Atkinson, ‘the Heavy Hitters’ are ready to carry out a comprehensive investigation to gather proof in support of your claim. We aim to obtain the just compensation you are entitled to for pain and suffering, lost wages, and medical expenses. Make an appointment with our office for a free, no-obligation case consultation to learn more about your legal options. You don’t pay a fee unless we successfully obtain compensation for you because we accept cases on a contingency basis.

Truck Accident Lawyer

If you or a loved one have been injured by a fuel truck, do not hesitate to contact an experienced truck accident lawyer at Tatum & Atkinson, ‘the Heavy Hitters,’ by calling (800) 529-0804 or contacting us online to schedule your case evaluation today. An experienced truck accident lawyer will represent you in negotiations with the insurance company, explain your legal rights, respond to your inquiries, and seek the best possible outcome for your case. In addition, at Tatum & Atkinson, ‘the Heavy Hitters,’ you owe us nothing unless we win.