Hit by a Commercial Truck in NC? You May Be Entitled to More Than You Think

A commercial truck wreck isn’t just another fender bender—it’s a serious event with often serious consequences. It’s also “not an accident” as most commercial vehicle wrecks are preventable.

These crashes involve larger vehicles, and require an understanding of bigger insurance policies, and more complex legal issues than a typical car wreck..

Depending on the circumstances, you could have a claim against the driver, their employer, a maintenance contractor, or even a manufacturer. Knowing your rights—and acting quickly—can make a major difference in the outcome of your case.

Why Commercial Vehicle Crashes Are Different

Commercial truck wrecks differ from regular car crashes in several important ways:

More Severe Injuries and Damage

Commercial vehicles are typically much larger and heavier than passenger cars. A fully loaded tractor-trailer can weigh up to 80,000 pounds, while the average car weighs around 4,000 pounds. This size difference often results in catastrophic injuries for occupants of smaller vehicles. Even smaller commercial vehicles outweigh standard cars and trucks and pose a greater risk, especially to pedestrians and bicyclists.

Multiple Liable Parties

In a standard car crash, you’re usually dealing with just the other driver and their insurance company. In commercial vehicle cases, liability may extend to:

• The driver of the commercial vehicle
• The company that owns the vehicle
• The company that leased the vehicle
• The manufacturer of the vehicle or its parts
• A maintenance contractor
• A cargo loading company

Different Insurance Requirements

Commercial vehicles typically carry much higher insurance policy limits than personal vehicles. Federal regulations require interstate trucking companies to carry between $750,000 and $5 million in liability coverage, depending on their weight and what they transport.

Special Regulations

Commercial drivers and companies must follow both state and federal regulations, including:

• Hours-of-service rules limiting driving time
• Mandatory rest periods
• Regular vehicle inspections
• Driver qualification requirements
• Drug and alcohol testing
• Cargo securement standards

Violations of these regulations can strengthen your case.

Determining Liability in Commercial Vehicle Crashes

In North Carolina, early investigation into fault is crucial due to the state’s contributory negligence rule. Under this harsh rule, if you are found to be even 1% at fault for your injuries, you will be completely barred from recovering compensation.

It is extremely difficult for a lay person or even lawyers who don’t regularly deal with “pure contributory negligence” to combat such a claim, which makes it even more important than in most states to find a lawyer with North Carolina-specific experience.

When a commercial vehicle is involved, multiple parties might share responsibility:

The Driver

Commercial drivers may be responsible for violations beyond the usual traffic laws. Some of the more common violations that we look for are:

• Speeding
• Following too closely
• Distraction (texting, using dispatch systems)
• Driving under the influence
• Fatigue from exceeding hours-of-service limits
• Improper training or not being properly licensed

The Company

The employer or company may be liable under several legal theories:

• Vicarious Liability (Respondeat Superior): Companies are generally responsible for their employees’ actions while on the job. If a delivery driver crashes while making deliveries, the company typically shares responsibility.
• Negligent Hiring or Retention: If a company hired a driver with a history of crashes or violations without proper screening, or kept them employed despite knowing about dangerous driving habits, the company may be directly liable.
• Inadequate Training: Companies must properly train drivers, especially for specialized vehicles.
• Poor Maintenance: Failure to regularly inspect and maintain commercial vehicles can lead to brake failures, tire blowouts, and other dangerous mechanical issues.

Vehicle or Parts Manufacturers

If a defective part contributed to the crash, the manufacturer might share liability. Common defects include:

• Brake failures
• Tire defects
• Steering system problems
• Transmission issues

Third-Party Contractors

Many companies outsource loading, maintenance, or other services. If improper loading caused cargo to shift or fall, or poor maintenance led to mechanical failure, these contractors may share responsibility.

Evidence Specific to Commercial Vehicle Cases

Commercial vehicle crashes often provide unique types of evidence that aren’t available in regular car crashes:

Electronic Logging Devices (ELDs)

Most commercial trucks now use electronic logging devices that record driving time, rest periods, speed, and other data. This information can show if a driver exceeded legal driving hours, exceeded the speed limit, made frequent hard brakes, or took insufficient rest breaks.

Dash Cameras

Many commercial vehicles have forward-facing and driver-facing cameras that may have captured the crash or the driver’s actions before it.

“Black Box” Data

Similar to airplanes (and most modern cars), most commercial vehicles have event data recorders that capture information about speed, braking, and other factors in the moments before a crash.

Maintenance and Inspection Records

Companies must maintain detailed records of vehicle inspections and repairs. These records can reveal if a company ignored maintenance issues that contributed to the crash.

Driver Qualification Files

Companies must maintain files for each driver, including driving history, medical certifications, and training records. These files can reveal if a company hired or retained an unqualified driver.

Hours-of-Service Logs

Drivers must log their driving and rest time. Violations of hours-of-service rules are common in the trucking industry and can lead to fatigue-related crashes.

Time Limits for Commercial Vehicle Crash Claims in NC

In North Carolina, you generally have three years from the date of the crash to file a lawsuit for personal injuries. However, this deadline can be shorter in some circumstances, such as when a government vehicle is involved or if there is a fatality.

Evidence in commercial vehicle cases can disappear quickly. Companies may only keep certain records for six months as required by federal regulations. Electronic data from the vehicle might be overwritten or deleted if not preserved promptly.

This makes it crucial to begin investigating as soon as possible after a crash.

Steps to Take After a Commercial Vehicle Crash

If you’ve been hit by a commercial vehicle in North Carolina, taking these steps can help protect your rights:

1. Call 911 immediately to report the crash and get medical attention for anyone injured.
2. Document the scene if you can safely do so. Take photos of all vehicles involved, focusing on the commercial vehicle’s company name, DOT number, license plate, and location of damage.
3. Gather information from the commercial driver, including their name, contact information, driver’s license number, and insurance information. Also get the company name and contact information.
4. Identify witnesses and get their contact information. Bystanders who saw the crash may provide crucial testimony later.
5. Seek medical attention even if you think your injuries are minor. Some injuries become apparent days after a crash.
6. Preserve evidence by requesting that the company preserve the driver’s logs, the vehicle’s electronic data, maintenance records, and other relevant information.
7. Do not speak with an insurance adjuster without first speaking with a lawyer experienced in handling commercial vehicle cases. Insurance companies will try to use your statements to argue you were partly at fault, which could bar your recovery under North Carolina’s contributory negligence rule.

Dealing with the Insurance Company

After a commercial vehicle crash, you’ll likely face insurance adjusters who handle commercial claims regularly. These adjusters often have more experience and resources than those who handle regular auto claims.

The company’s insurance provider may quickly offer a settlement, hoping you’ll accept before understanding the full extent of your injuries or damages. These initial offers rarely account for long-term medical needs, lost income, or pain and suffering.

This is why it is critical to speak with an attorney who handles commercial vehicle cases before speaking with adjusters. Your attorney will help you avoid these pitfalls.

Talk to an Attorney About Your Commercial Vehicle Crash

If you’ve been injured in a crash involving a commercial vehicle or company car in North Carolina, you may be facing serious injuries, mounting medical bills, and time away from work. The company and its insurance providers will have teams of investigators and attorneys working to minimize their liability.

At Johnson & Groninger PLLC, we help people injured in commercial truck accidents navigate the complex legal issues involved and fight for the compensation they deserve. Contact us for a free consultation about your case.

The information in this blog post is general in nature and should not be considered legal advice for your specific situation.