2024 How to File a Truck Accident Claim in North Carolina

If you or a loved one has been injured in a truck crash or other commercial vehicle accident in North Carolina, you may already be aware that you could qualify for a substantial financial settlement to cover injuries and other damages. What is often less clear, however, is how to actually start that process. It can be useful to break the process down in a clear, step-by-step fashion so that you know exactly how to file a truck accident claim in North Carolina.

The process of filing a successful personal injury claim actually begins long before any formal legal motions are made. Responding appropriately and intelligently in the immediate aftermath of your truck accident can also have a significant impact on the eventual outcome of your case. The process of filing your claim correctly really begins the moment your vehicle collides with a truck.

Steps to Take After Suffering a Truck Accident

Follow these steps after a truck accident to make sure you’re set up for a successful claim with maximum compensation:

Seek Medical Attention

If you or a passenger in your vehicle was seriously injured in a truck or commercial vehicle collision, see to your immediate medical needs first. Depending on the nature of the accident, this could mean administering first aid, calling an ambulance, or consulting a trusted medical professional for further advice.

Whether you are taken to the hospital immediately after the crash or visit a doctor after the fact, make sure to keep copies of all documentation regarding medical treatment of your injury–especially medical bills, as these should be reimbursed as part of your settlement.

Report the Accident

Another essential element in establishing liability for a truck accident will be the police report, so you need to notify the local authorities or North Carolina State Police immediately after any truck accident. The responding officers will likely have several questions for you (unless you’re too injured to communicate with them). You should answer in a concise manner while being clear and strictly factual.

The police are only there to document the scene, assist the impacted individuals, and collect statements from the parties involved, so now is not the time to argue your case. Before police leave the scene, make sure to obtain your own copy of their accident report or that you have been told how to access it.

Gather Evidence

Don’t leave it up to the police to gather all the necessary evidence to support your claim. If you’re physically able, take many photographs of the crash scene from different angles and distances. Be sure to take close-up photographs of injuries and damage. Also, get wider shots that include all involved vehicles, road signage, and other relevant elements so that the accident can be put into context. Try to get contact information for any eyewitnesses in addition to exchanging insurance information with other drivers involved in the accident.

Notify Your Insurance Carrier

As soon as possible after a collision with a truck, contact your insurance carrier. Provide them with all the relevant details, documentation, and photographs, but be extremely cautious about discussing fault or saying anything that might be used against you later.

Insurance agents are trained to be empathetic and attentive to policyholders in the aftermath of an accident but always remember that insurance companies are for-profit endeavors that will strive to minimize payouts as much as possible. Much like your discussions with the police, keep your interactions with any insurance agents as brief and factual as possible.

Consult a North Carolina Truck Accident Lawyer

The stakes here are too high to simply leave your future to the mercy of the at-fault party–especially when trucking companies and insurers have dedicated legal teams that are aggressive and well-funded. The situation demands that you respond with powerful legal counsel of your own. Please do not hesitate to contact the Law Offices of Wade E. Byrd P.A. if you need assistance in this area.

Determine Liability

For obvious reasons, determining who was actually at fault for a truck accident is critical to seeking fair compensation for the resulting injuries. Under North Carolina law, multiple parties can potentially share liability for the same accident, including drivers, trucking companies, other motorists, or even a manufacturer of faulty truck parts.

Calculate Damages

Before heading into negotiations or legal proceedings, you’ll want to work with your attorney to get a clear idea of what you’re entitled to. A settlement for an individual injured in a truck accident should cover medical expenses, vehicle damage, and lost wages. It can also include less tangible damages, like emotional pain and suffering.

If you have received a settlement offer that you believe is not commensurate with the damages you’ve suffered, do not be pressured into accepting it. Instead, contact a qualified truck accident attorney to help you respond.

The Claim-Filing Process

With all of these preliminary pieces in place, you’re ready to move ahead to officially filing your claim. Depending on the unique circumstances of your truck accident, this may entail a few different activities:

File an Insurance Claim

You (or, ideally, your attorney) can now prepare and file an official claim with the at-fault party’s insurance carrier. Depending on your own insurance company’s policies, some form of claim process may have already been initiated when you first notified them about the accident. This personal injury claim should include your calculated damages (i.e., the amount you’re asking for) as well as all your documentation and evidence in support of that calculation.

Negotiate

Insurance companies infamously make initial settlement offers that are significantly lower than what injured individuals actually deserve. Negotiating for a better payout is one area in which working with a great truck accident attorney can be crucial. Negotiations and other collaborative resolutions are often in the interests of all parties involved, as they tend to be more cost-effective and private than cases that escalate to a courtroom.

File a Legal Claim (If Necessary)

If a fair settlement cannot be reached, you can move on to a second type of claim-filing process by submitting a formal complaint in the appropriate North Carolina court. The litigation process can then begin. This is more time-consuming and expensive than negotiating a settlement, but it can similarly result in a significant financial award in favor of the injured party.

FAQs

Q: How Long Do You Have to File a Claim After an Accident in NC?

A: You have three years to file a claim after an accident in North Carolina. This statute of limitations is typically calculated from the date of the accident itself. However, if you sustained latent injuries that did not manifest until after the accident, the window can be extended to three years from the date of the discovery of the injury.

Q: Is North Carolina a No-Fault State for Car Accidents?

A: No, North Carolina is not a no-fault state for car accidents. North Carolina instead follows a contributory negligence rule, which means that more than one party can legally share fault for an accident. While this means that you may be able to sue multiple parties for damages after an injury, it also means that you can be found partially at fault for your own accident, which can seriously jeopardize your ability to seek compensation.

Q: How Much Can Someone Sue for a Car Accident in NC?

A: Someone can sue for medical expenses, lost wages, property damages, emotional pain, and other damages after a car accident in North Carolina. The total amount of any settlement or judgment will depend on a complex combination of factors, such as the nature of the injuries sustained, the extent of vehicular damage, the available evidence, and the quality of your legal representation.

Q: What Is the Fender Bender Law in North Carolina?

A: The “fender bender” law in North Carolina is a statute that requires motorists to pull over to a safe area on the shoulder of the roadway after a minor accident, in which no significant injuries are sustained. This is intended to keep the involved parties, other motorists, and responding authorities safe in the aftermath of smaller crashes.

The Law Offices of Wade E. Byrd P.A. – North Carolina’s Trusted Truck Accident Team

If you or a loved one has been hurt by a truck or other commercial vehicle on a North Carolina roadway, we can help you seek maximum compensation for your injuries. Please contact us at your earliest convenience to arrange a confidential consultation where we can discuss the details of your case.