How is fault determined after a truck accident in North Carolina? Determining who is liable for a truck accident is the first step in seeking compensation for the damages you suffered because of that accident. In North Carolina, the liable party is responsible for paying damages.
Hire a Truck Accident Lawyer
Negotiating for fair compensation can be difficult after a truck accident. You may be injured or overwhelmed handling the fallout from the accident. You should hire a truck accident lawyer from the Law Office of Lyndon R. Helton, PLLC, who can represent your interests.
Truck Accidents in North Carolina
It can be difficult to get around in North Carolina without driving, but driving always poses a risk. Heavy congestion, difficult terrain, inclement weather, and driver errors can all lead to accidents. There are several roads known to be dangerous, including:
- I-85
- I-77
- I-485
- I-95
- US-129
- I-40
- US-17
- US-64
Truck accidents can cause large accidents affecting many other drivers. During 2025, the Federal Motor Carrier Safety Administration’s Motor Carrier Management Information System recorded 3,915 truck accidents in North Carolina. Of those accidents:
- 4,130 vehicles were involved
- 76 crashes resulted in fatalities
- 90 total fatalities occurred
- 2,429 total injuries occurred
If you are involved in a truck accident but are unable to reach a fair settlement agreement, you may have to file a civil claim in court. North Carolina statutes dictate that the claim is filed in the county in which you reside. The value of the claim determines in which court the claim is filed.
Small claims court hears cases valued less than $5,000 or $10,000, depending on the county. Claims valued under $25,000 are heard in district court. Larger claims valued over $25,000 are heard in the superior court.
Possible Liable Parties After a Truck Accident
Commercial vehicles are often driven, owned, and maintained by separate people who may work for different companies. Determining liability after a truck accident determines which person or company is responsible for compensating accident victims. Possible liable parties include:
- The truck driver. If the truck driver behaved recklessly or negligently while on the job, they may be responsible for the accident.
- The truck driver’s employer. The truck company may be responsible if the truck driver was not properly licensed or qualified, if state or federal regulations were ignored, or if unsafe scheduling practices were used.
- The owner of the truck. This could be the truck driver, the trucking company, or a third-party company. Failing to keep the vehicle properly maintained and inspected could lead to liability.
- Cargo loaders. The company that loads the cargo onto the truck may be liable if the cargo was not properly balanced, if the truck was overloaded, or if the cargo wasn’t properly secured, resulting in shifting during transport.
- Manufacturers. If the accident is the result of a faulty part or a malfunctioning system, the manufacturer of that faulty piece could be held liable.
- The government. Accidents caused by defects in the road or poor road designs could result in the local or state government responsible for that road being held liable.
Evidence Used to Determine Fault After a Truck Accident
Many different types of evidence can be collected to help determine liability after a truck accident. Different types of evidence include:
- Physical evidence. Damage to the vehicles, marks on the road, weather and road conditions, injuries sustained, inspection and maintenance logs, or the truck driver’s training and driving record.
- Electronic evidence. The truck’s electronic logging device, videos of the accident, the electronic control module in the truck, or recreations of the accident.
- Testimonies. Eyewitness statements and expert testimony.
FAQs
Can I Get Compensation If I Am Also At-Fault in North Carolina?
You cannot get compensation if you are also at fault in North Carolina. North Carolina follows a pure contributory negligence rule that bars anyone who shares fault in an accident from seeking compensation. Being even 1% at fault prevents you from being fully compensated. The pure contributory negligence rule is often used as a tactic by insurance companies to delay or deny claims where liability can be challenged. The only exception is that passengers are rarely considered liable.
How Long Does a Truck Accident Settlement Take in North Carolina?
In North Carolina, the length of time it takes to settle a truck accident varies with many factors. If liability is disputed, the case cannot progress until the at-fault party is named. If the accident caused serious injuries, a proper settlement cannot be reached until doctors have declared the victim has reached Maximum Medical Improvement and long-term care needs have been assessed. Cases that go to court also take longer than those that are negotiated.
What Injuries Are Common After a Truck Accident?
Many different types of injuries are common after a truck accident. Commercial trucks are large and heavy, and they can affect numerous other vehicles in an accident. Serious injuries are more common compared with passenger vehicle accidents. Some of the most common injuries include traumatic brain injuries, bone fractures, spinal cord injuries, back injuries, head or facial injuries, burns, and soft tissue damage. Long-term care may be necessary, which can affect a truck accident claim.
Is It Worth Getting a Lawyer After a Truck Accident?
It is worth it to get a lawyer after a truck accident. Victims who are represented by a lawyer tend to receive larger settlements than those without representation. Truck accidents are also more complex than car accidents, often involving multiple parties. An attorney can assist with negotiations, help gather and preserve evidence, and explain the complex laws and regulations that govern truck drivers and may affect a truck accident case.
North Carolina Truck Accident Lawyer
Since 1993, our team has represented North Carolina clients in Burke, Catawba, and Caldwell Counties. We have extensive experience in personal injury cases and always pursue full compensation for our clients.
You do not have to face the challenge of negotiating with the insurance company alone. Attorney Helton is a former insurance defense lawyer who uses that insider knowledge to help you get fair compensation. Contact the Law Office of Lyndon R. Helton, PLLC, today to schedule your initial consultation.
