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Do you need a North Carolina truck accident lawyer?
October 1, 2021 at 4:00 AM
A flat-bed truck transporting wood pallets over a bridge.

If you’ve been involved in a truck accident, it’s important to talk to a lawyer as soon as possible after the incident. Getting hit by a truck can cause severe, potentially life-altering injuries, which can consequently mean high medical bills and other damages. Even if you were driving a truck in such an incident, there are ways a lawyer can help you get compensated.

Either way, though, you’ll likely be facing off against a strong, experienced legal team and an insurance company which will find any possible holes in your case which may allow them to avoid compensating you. This is complicated even further by state-specific laws in North Carolina which can make litigation difficult for plaintiffs in cases like these. That’s why you need your own experienced North Carolina truck accident lawyer from Rodzik Law Group.

In this blog post, we’ll cover some of the points you should discuss with your lawyer when you’ve been hit by a truck and when you’ve gotten into an accident as the truck driver.

Consulting a lawyer when you’re hit by a truck

An attorney will know which facts are most relevant to your case and how to present them in as effective of a way as possible. Getting the most out of their help though, means giving them as much information as possible about the incident and how it happened from your perspective.

Some specific details to go over include:

  • Liable parties: Taking note of all parties involved in the accident is an important part of proving someone other than you was at fault. Other parties involved in a truck accident include the trucker, the trucker’s employer (if they aren’t a contractor), other drivers, insurance companies, vehicle manufacturers, and government entities.
  • How long ago the accident took place: The statute of limitations for auto accidents in North Carolina is three years. If you’re the representative or relative of someone who died in the accident, it’s two years. The accident also needs to have been reported immediately if anyone was killed or injured, if property damage greater than $1,000 was caused, or if any damage was caused to a vehicle belonging to someone charged with an impaired driving offense.
  • Whether you could share any fault: You need to be completely straightforward about every action you took leading up to and during the accident when speaking with your attorney. North Carolina’s “contributory negligence” rule means that if a judge or jury finds that you shared even a small fraction of fault for the incident, you won’t receive any compensation at all.

For more information about these points, take a look at this Nolo article on North Carolina’s car accident laws.

What to do when you’re the truck driver

The type of lawyer you choose to consult as a truck driver will depend on whether you’re a contractor or an employee. If you’re a truck driver involved in an accident while working, the issue becomes one of workers’ compensation if you’re an employee. If you’re a contractor, you’re the one at risk of paying damages to anyone injured in the accident.

When you talk to a lawyer, you should discuss:

  • Injuries sustained from your work: As an employee, if you were injured as a direct result of an accident, a workers’ comp claim may be fairly straightforward, but issues developed over time could be tougher to prove. Either way, make sure you have evidence of money you’ve paid as a direct result of these issues.
  • Whether you or your company is following regulations: Regular vehicle inspections, abiding by weight and load restrictions, and carrying the minimum insurance coverage for your vehicle’s size will all factor into whether you or your company could be found to have been negligent. You or the company also need to be following North Carolina’s rules of licensure, age, medical conditions, substance use, and sufficient work and rest hours.

Consult a North Carolina truck accident lawyer now

Whichever side of an accident you’re on, an experienced North Carolina truck accident lawyer is essential to have during any subsequent legal process. Get in touch with Rodzik Law Group for a consultation now.