The Do’s and Don’ts of North Carolina Trucking Accidents
North Carolina truck accident do’s and don’ts, which include seeing a doctor and avoiding inadvertent admissions, and are vital to protecting your claim. Our attorneys understand how devastating a collision with a semi can be, and how critical it is for victims to recover physically, financially, and emotionally.
Personal injury claims are especially challenging if you don’t understand the steps to take after an accident, including standard practices to prevent a trucking company with a lot to lose from compromising your claim.
Follow these tips for what to do and what not to do after you’re hit by an 18-wheeler, box truck, or other large commercial vehicle.
How Truck Drivers Handle Accidents
Commercial vehicle drivers must handle the aftermath of an accident according to federal trucking laws, but these are legalities, not ethical guidelines. That means an employer can coach its drivers in reacting in a company-first manner, putting the victims’ interests second.
Here are a few tactics companies may deploy to minimize semitruck accident claims:
- Shifting blame to the injured driver, without merit
- Deploy an ‘act of God’ defense, arguing the incident was uncontrollable
- Insist a semitruck accident injury was pre-existing
- Destroy evidence and records that show non-compliance
- Minimize the impact of the crash or speeds involved
What You Should Do After a Truck Accident
Taking certain steps after a trucking accident can improve your safety and protect your interests in pursuing a lawsuit against the negligent driver. Keep these necessary follow-up steps in mind at the truck accident scene and beyond:
Move Your Vehicle to a Safe Location
North Carolina car accident laws mandate that drivers remove their vehicles from the road after a collision if they’re able to do so. This prevents secondary crashes and preserves your vehicle as-is for evidence later.
Document the Scene
Take notes about the scene so you don’t need to rely on your memory later. If you’re in shock or injured, details may be challenging to recall. The truck driver may use any hesitation or uncertainty to reduce your credibility. Your documentation will not only support your semitruck accident claim, but it will also help refute the truck driver’s insistence on innocence.
Make written notes and take photos to capture:
- The exact location of the collision, including where and how the vehicles came to a rest
- Points of impact and damages to the vehicles
- Skid marks, speed, and observations leading up to the crash
- The time and weather conditions
Exchange Information With All Parties
Provide the truck driver with your essential contact details, including name, address, phone number, and insurance carrier information. Request the trucker’s employer’s name and contact information, the commercial driver’s license number, insurance information, and the vehicle’s license plate number and trailer, if separate.
If witnesses to the crash are present, exchange information with them so you can provide their name, phone number, and email address to your trucking accident attorney should you need statements later.
Get a Medical Exam
Since semitruck crashes often cause substantial injuries, a medical exam may be one of the most important steps after an accident. Even if you think you’re unharmed after a trucking accident in North Carolina, you should still see a doctor. Adrenaline can mask pain, leaving catastrophic internal injuries or head trauma untreated until it’s too late.
A medical evaluation is critical to your health, and it also provides unbiased evidence showing the harm caused by the truck driver’s negligence. Your attorney can use medical exams, including diagnoses and care plans, to show current and future compensatory damages to claim.
Contact Your Insurance Provider
Alerting your insurance provider or agent is more than a courtesy. This is one of the steps after an accident that triggers an investigation by the adjuster who will begin to build a case against the at-fault driver. If you’re injured, the insurance provider may be able to explain how liens work and what you have to pay for your damages while waiting for resolution.
Call an Attorney
North Carolina contributory negligence laws bar people from receiving compensatory damages if they were in any way at fault for an accident. This means there’s a high probability of the trucking company denying responsibility by fabricating the circumstances of the crash. You should contact Miller Law Group’s trucking accident attorneys to help substantiate your claim to present the truth and prevent this from happening.
An attorney experienced in North Carolina truck accidents understands the complex evidentiary requirements for these liability cases. Our attorneys work tirelessly to gather proof that the trucker can’t easily refute. We paint a full picture of your semitruck accident claim using many types of evidence, including:
- Physical evidence and photos of the collision impact
- Invoices showing economic damages
- Testimony for emotional damages
- Witness statements supporting causation
- Opinions of crash reconstruction experts
- Current and historic trucking industry compliance violations
Miller Law Group’s attorneys work tirelessly to gather physical evidence and investigate liability for your semitruck accident injury. When we prove the truck driver was the only negligent party, you’ll be able to recover the compensation you need to make yourself whole.
Actions To Avoid After a Trucking Accident
Now that we’ve covered the necessary steps after a trucking accident, let’s talk about what not to do. Many people can jeopardize their own North Carolina semitruck accident claim by:
Leaving the Scene of a Truck Accident
North Carolina accident laws require motorists to remain on scene of any crash that involves serious injuries, a wrongful death, or costly property damages, which commonly occur with trucking accidents. Staying on the scene also allows you to provide your insights to the responding officer and gather evidence.
Refusing Medical Attention and Ignoring Follow-Up Care
It’s unlikely you won’t need immediate treatment for semitruck accident injuries. Don’t assume bruising or contusions are insignificant, especially when a 30-ton truck caused them. You should always see a doctor for an official exam following an accident. The provider can catch latent injuries and formally document the medical consequences of the crash.
Following the doctor’s care plan is also essential to preserving your right to compensation. Failing to take a doctor’s orders seriously can give insurance providers and the other driver cracks to exploit to insinuate your injuries are cursory.
Admitting Fault
If you’re in shock or discombobulated from a crash, you may not be speaking clearly or carefully. If you apologize to the other driver in a knee-jerk reaction or ask questions about what happened, these phrases could be used against you. While you may not consider a generic apology as anything to worry about, it can be used against you as an admission of guilt. This could activate no-fault laws for trucking accidents in North Carolina and give the semi driver a loophole to escape liability.
Talking to Insurance Adjusters Unprepared
Insurance adjusters are trained to do what’s best for the company. This means they will deploy tactics to minimize your injuries, diminish your credibility, or otherwise compromise your claim. While you can speak to an insurance adjuster if you feel it’s necessary, you should never do so unprepared. Speak to a lawyer about your case and ask for guidance when dealing with the adjuster, or ask the law firm to represent your case and handle these conversations on your behalf.
Accepting a Quick Offer
A trucking company will want to resolve your claim quickly and cheaply. Expect their insurance company to expedite an offer to settle the semitruck accident claim—and be prepared to turn it down. Though the money may seem helpful amid medical bills and missed work, it likely will not offset the consequences of a negligent or fatigued trucker causes.
Let our lawyers help you even the playing field when a freight company tries to diminish your semitruck accident injuries. We can investigate the crash liability and evaluate your damages to make sure you receive adequate compensation. Contact Miller Law Group in North Carolina for your trucking accident today. Our attorneys can handle the details while you focus on healing.