What to Do If You’re Involved in a Truck Accident in North Carolina

Being involved in a truck accident can be a daunting experience, especially if you’re unsure of the necessary steps to take. If you find yourself in this situation in North Carolina, it’s crucial to follow certain procedures to protect your rights and ensure you receive the compensation you deserve. Here’s a Below are some tips on what to do if you are involved in a truck accident.

Ensure Safety and Seek Medical Attention

First and foremost, check for any immediate injuries and ensure that everyone involved is safe. If anyone is hurt, call 911 to get medical assistance right away. Even if injuries seem minor, it’s important to get checked out by a healthcare professional, as some injuries might not be apparent immediately.

Move to a Safe Location

If possible, move your vehicle to a safe area to prevent further accidents. If the vehicles are causing a hazard and can be safely moved, do so. Otherwise, turn on your hazard lights and wait for emergency services to arrive.

Document the Scene

Gather as much information as you can about the accident. This includes:

Taking photographs of the accident scene, vehicle damage, and any visible injuries.
Collecting contact and insurance details from the truck driver and any witnesses.
Noting the name and badge number of responding law enforcement officers.
Accurate documentation can be crucial for your insurance claim and any potential legal actions.

File a Police Report

In North Carolina, you should ensure a police report is filed for any truck accident that results in injury or significant property damage. This report will be an important part of your claim and can provide an official record of the accident.

Notify Your Insurance Company

Report the accident to your insurance company as soon as possible. Provide them with all the necessary details and cooperate fully during their investigation. Be cautious when discussing the accident with your insurance company; stick to the facts and avoid making statements that could be interpreted as admitting fault.

Keep Detailed Records

Maintain a thorough record of all medical treatments, expenses, and any communications related to the accident. This information will be valuable when seeking compensation for your injuries and damages.

Consult with a Personal Injury Attorney

Given the complexity of truck accident cases, it’s wise to consult with a personal injury attorney who is experienced in handling such cases. An attorney can help you navigate the legal process, negotiate with insurance companies, and ensure you receive fair compensation for your injuries and damages.

Indeed, trucking cases can be particularly complicated given both the particular factual issues and legal issues that may apply. First, there maybe more parties involved in a trucking accident than a typical automobile accident. The driver of the truck, of course, maybe at fault. Truck drivers can be self-employed, independent contractors working for a particular company, or employees of a company.

If the truck driver is an employee, the driver’s employer may also be responsible for the driver’s actions based on the concept of vicarious liability, referred to in legal terms as the doctrine of respondeat superior. It also is possible that vicarious liability may apply in some non-employee situations.

The trucking company may also have independent legal responsibility if it hired an unfit driver or allowed that driver to continue working for the company after the company had known the driver was unfit. If the facts are egregious enough, the injured party may have a claim for punitive damages (additional damages meant to punish the driver and/or the employer).

It’s also important to determine the owner(s) of the truck, trailer, and cargo. (These can be different from one another and different from the driver or the trucking company.) Further, it is important to analyze whether additional parties may be liable—including other drivers on the roadway at the time of the accident or even state and local governments that may have allowed hazardous roadway conditions to exist that also led to the accident.

There can be laws that apply to trucking cases that do not apply in automobile accidents. The Federal Motor Carrier Safety Administration (“FMCSA”) regulates the trucking industry and sets specific rules for the condition of trucks, their cargo, inspections, driver qualifications, number of hours a driver can be on the road, and other matters. There also can be state or local laws applicable to commercial trucks (so long as federal law doesn’t preempt such laws).

If a lawsuit arises from a trucking accident, the litigation process can be complicated. There is a large amount of paperwork and electronic information that often must be requested and analyzed during the “discovery” process. This can include ownership information, systems/tracking data (including GPS), daily logs, alcohol and drug testing results, inspection reports, maintenance and repair records, federal filings, freight and cargo records, employment documents and records, internal policies, and other documentation. It also may be necessary to retain experts, such as accident reconstructionists.

Moreover, time is truly of the essence in these cases. Once a truck has returned to the road after an accident, the electronic data from the accident can be compromised. As such, it is important to hire an attorney as soon as possible, so the attorney can involve the rest of the necessary experts to find and preserve the key electronic evidence.

Conclusion

If you’ve been involved in a truck accident in North Carolina, taking the right steps can significantly impact the outcome of your case. For expert guidance and support throughout this process, reach out to Ward and Smith. Our experienced team of personal injury lawyers is here to help you secure the compensation you deserve.