What Happens When a Truck Driver Has an Accident in North Carolina (2024)?

What Happens When a Truck Driver Has an Accident in North Carolina (2024)?
Jan 10 2024

If you or a loved one has been injured in a truck accident, a North Carolina truck accident lawyer is an invaluable resource when it comes to determining your most viable options for recovering your damages. It’s vital for every driver to know what they can do after a truck driver has an accident, how they can prove liability, and how they can recover compensation for the damages they suffered.

What to Do After a Truck Accident

Your primary concern after any motor vehicle accident is your health and safety and that of the other occupants of your vehicle. Truck accidents have a high chance of resulting in devastating injuries. Do not move and risk making your injuries worse if you have been seriously hurt. Call 911 to report the accident and wait for first responders to arrive.

If you are able to move around safely after the accident, do so carefully and try to document as much as you can from the scene of the crash. This means taking photos of the accident site, your injuries, the damage to your vehicle, and the positions of the vehicles involved in the accident. These photos could prove crucial for establishing liability in your recovery efforts. If the police question you, answer truthfully, but do not say anything that implies you are partially at fault.

North Carolina law requires that you prove fault for your accident before you will be able to recover any compensation for your damages. You must identify the party who caused the accident, prove how they caused it, and then prove the full extent of the losses you suffered from the incident. Bear in mind that if you are partially responsible for causing the accident, you cannot claim compensation from any other liable party under the contributory fault rule.

Recovering From a Truck Accident

If a truck driver is liable for your accident, it is possible for responsibility for your damages to fall solely on the truck driver, or their employer could share fault for the accident. Your North Carolina truck accident lawyer can help determine which parties are liable for your damages and then guide you through the process of recovering compensation for your damages. For most truck accident victims, it will entail an auto insurance claim followed by a personal injury suit.

Your North Carolina truck accident lawyer can help file your auto insurance claim and resolve any issues you encounter with the at-fault driver’s insurance carrier. Once you resolve this aspect of your recovery efforts, any outstanding losses you cannot recover through insurance must be claimed with a personal injury suit. The state’s personal injury laws enable you to seek compensation for all economic and non-economic losses you suffered from the accident.

When a truck driver causes an accident, it is possible for the incident to result in severe harm to the others involved, and both the driver and their employer could face substantial civil liability as well as criminal penalties for causing the accident. A North Carolina truck accident lawyer can explain what type of compensation you can seek from the at-fault parties and how to recover your damages as quickly as possible.


Q: Who Is at Fault for a Truck Accident?

A: North Carolina enforces the fault rule for truck accidents the same as for passenger vehicle accidents. A truck accident lawyer can help their client prove fault for their recent accident by gathering various forms of evidence, such as traffic camera footage, witness statements, and different types of digital and physical evidence. You must prove liability for an accident before you can recover any compensation for your losses.

Q: How Long Do You Have to File a Truck Accident Claim?

A: Recovering from your recent truck accident will likely require an auto insurance claim followed by a personal injury claim. You have only a few days in which to file an insurance claim after an accident, and you must meet a three-year statute of limitations for a personal injury claim. It is always advisable for the claimant to start these recovery efforts as soon as possible after their accident.

Q: How Much Is My Truck Accident Claim Worth?

A: You have the right to seek full compensation for the extent of damages you suffered from the accident. The defendant who injured you is liable for all your medical treatment costs, missed income, and property damage, and you can also seek compensation for anticipated future losses, such as lost earning power. Additionally, you can claim as much pain and suffering compensation as you deem appropriate.

Q: What Is Vicarious Liability in a Truck Accident Case?

A: Vicarious liability comes into play when one party bears fault for the actions of another party. In most cases, it means an employer facing responsibility for their employee’s actions. For example, if a trucking company failed to enforce industry regulations and, in doing so, effectively enabled their driver to cause a serious accident, the company would face vicarious liability for their driver’s actions and shared responsibility for the resulting damages.

Q: What Will It Cost to Hire a Truck Accident Lawyer?

A: The Law Offices of Wade E. Byrd, P.A., can provide the legal representation you need for your truck accident claim on a contingency fee basis. This means you part with a percentage of your final case award as our firm’s fee, and only if and when we win your case. There are no upfront attorney fees, and you pay nothing if we are unable to secure compensation for you.

The right attorney can be invaluable to your recovery efforts following any truck accident. The team at the Law Offices of Wade E. Byrd, P.A., provides compassionate legal counsel to injured clients, and we have a strong reputation as a leading choice for personal injury counsel in truck accident claims. Contact us today to schedule a free consultation with a North Carolina truck accident lawyer to learn how we can assist with your recovery.

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