Why truck cases are different
Large trucks are heavy and slow to stop, so the injuries in these crashes are often serious. Truck cases also tend to involve:
- A trucking company with its own insurer and its own investigators, who may reach the scene quickly
- Federal and state safety rules about drivers, hours, and equipment
- Records kept by the company, the truck, and outside vendors
- More than one insurance policy
Because of this, a truck case usually calls for more investigation than a typical car claim.
The trucking company may also contact you soon after the crash, sometimes while you are still being treated. Be polite, but do not sign anything or give a recorded statement before you get advice. Anything you say may be used to argue about fault.
Who may be responsible
Depending on the facts, responsibility may fall on more than one party:
- The driver, for unsafe driving, fatigue, distraction, or impairment
- The trucking company, for hiring, training, supervision, scheduling, or maintenance
- The owner of the truck or trailer, if different from the company
- The shipper or loader, if cargo was loaded or secured badly
- A maintenance or repair shop, if faulty work played a part
- A parts maker, if a defect played a part
Finding everyone who may share responsibility is part of the investigation. It can also matter for insurance coverage.
Safety rules that apply to trucks
Interstate trucking companies and drivers must follow federal safety rules. In general terms, these rules cover how long a driver may drive and work before resting, electronic logging of driving time, and other safety matters for drivers, trucks, and loads.
A broken safety rule does not decide a case by itself. But records showing how the company and driver followed, or did not follow, these rules are often central evidence.
Evidence that can disappear
Much of the key evidence in a truck case is held by the trucking company, and some of it may be kept only for a limited time. Examples include:
- Electronic logging device data and driver logs
- Engine and braking data stored in the truck’s computer
- Dispatch records, texts, and route information
- Truck dash cameras and nearby business video
- Inspection and maintenance files
- The driver’s hiring and training file
A lawyer can send a written demand asking the company to preserve this evidence. The sooner that request goes out, the better the chance the evidence still exists.
Contributory negligence in truck crashes
North Carolina is one of only a few states that still follows contributory negligence. If you are found even slightly at fault, you generally cannot recover from the other side. A trucking company’s insurer may argue that you cut in front of the truck, lingered in its blind spot, or stopped suddenly.
There are limited exceptions, and whether one applies depends on the facts. Truck data, video, and crash scene measurements often help show what really happened. We don’t accept the police report as fact; we test it against the physical evidence.
Insurance and what a claim can include
Commercial trucks usually carry their own liability insurance, and a trailer, a cargo owner, or a second company may carry separate coverage. Your own uninsured or underinsured motorist coverage may also apply in some cases. Sorting out which policies apply, and in what order, is part of the work.
A truck accident claim may seek money for:
- Medical bills, past and expected
- Lost wages and lost ability to earn
- Pain, suffering, and loss of enjoyment of life
- Scarring or permanent injury
- Damage to your vehicle and property
What a claim may be worth depends on the injuries, the evidence on fault, and the coverage available. We will not guess at a number before we have the records.
Fees and next steps
We explain our fee in writing before you hire us. We investigate rather than process, we tell clients the hard truth, and we prepare every case as though it is going to trial.
If you were hurt in a truck crash, get medical care first. Then call (336) 281-2008 or request a consultation online. Bring the crash report number, photos, the truck’s company name and any numbers painted on the cab, and your insurance information. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
Who pays after a truck accident in North Carolina?
It depends on who was at fault and what insurance applies. The driver, the trucking company, a cargo loader, or a repair shop may share responsibility. Your own uninsured or underinsured motorist coverage may also apply in some cases.
What is a preservation letter in a truck case?
It is a written demand asking the trucking company to keep evidence such as driving logs, engine data, and video. Some of these records may be kept only for a limited time. Sending the letter early improves the chance the evidence is still there.
Do federal trucking rules matter in my case?
They can. Rules on driver hours and logging, along with other federal safety rules, set expectations for drivers and companies. Records showing whether those rules were followed are often important evidence.
Can I recover if the trucking company says I was partly at fault?
Under North Carolina's contributory negligence rule, being even slightly at fault can bar recovery. There are limited exceptions, and fault is often disputed in truck cases. The physical evidence and truck data can be important in answering the company's claims.