In North Carolina, if you are found even 1% at fault for a truck accident, you cannot recover compensation for your injuries under the state’s contributory negligence law. Therefore, you cannot sue if you are partially to blame for a truck accident in this state.
Your actions following the accident and how you present your case can significantly impact your ability to recover damages. Insurance companies often try to shift blame onto victims to avoid paying claims, which is why having strong legal representation is essential.
If you are being blamed for a truck accident, contact our North Carolina truck accident lawyers immediately to fight back. Your compensation may depend on our help.
Contributory Negligence in North Carolina
North Carolina follows a strict contributory negligence rule that can prevent you from receiving compensation if you share any fault in the accident. This legal doctrine means that even if a truck driver was 99% responsible for causing your accident, you could be barred from recovery if you were found 1% at fault.
The contributory negligence rule makes North Carolina different from most states that follow comparative negligence rules. Under comparative negligence, you could still recover damages even if you were partially at fault, with your compensation reduced by your percentage of fault. This is not the case in North Carolina.
This strict rule is why you must contact our truck accident lawyers immediately after your accident. Truck accidents are costly, and insurers will attempt to find excuses to blame you so they won’t have to pay you anything. We can help protect your right to compensation.
For a free legal consultation, call (877) 333-1000
How Insurance Companies Use Contributory Negligence to Partially Blame You for a Truck Accident
Insurance adjusters are trained to look for any evidence that you might have contributed to the accident. They may ask leading questions during recorded statements, hoping you’ll say something they can use to deny your claim. These tactics often succeed against victims who don’t have legal representation.
We advise against speaking with insurance companies before consulting with our lawyers. Having our experienced legal team on your side can protect you from these insurance company tactics. We know how to handle insurance adjusters and can work to prevent them from unfairly using contributory negligence to deny your claim.
Here are some common ways that a trucking company or their insurer may try to claim you were partially to blame for a truck accident:
- You were driving in the truck’s blindspots, so the trucker could not see you.
- You made an unsafe lane change and didn’t give the truck space to maneuver.
- You were following too closely.
These arguments are designed to trigger North Carolina’s contributory negligence rule.
Protecting Your Rights After a Truck Accident
After a truck accident, everything you say and do can impact your ability to recover compensation. Avoid making statements to adjusters or anyone other than law enforcement, and even then, stick to the basic facts. Never apologize or admit fault, as these statements could be used against you later.
Document everything about the accident scene if you’re able, including taking photos and getting contact information from witnesses. This evidence can help prove the truck driver’s negligence in your personal injury claim and defend against fault claims. Keep all medical records and follow your doctor’s treatment recommendations carefully.
The sooner you contact our truck accident lawyers, the better we can protect your rights. We can handle all communications with insurance companies and begin gathering evidence before it disappears or becomes harder to obtain.
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How Our Lawyers Can Help You
We thoroughly investigate accidents to gather evidence that the truck driver’s negligence caused the crash. This might include analyzing truck driver logs, reviewing dashcam footage, and consulting with accident reconstruction experts.
Our legal team interviews witnesses, reviews police reports, and analyzes physical evidence from the accident scene. We look for evidence of driver fatigue, distraction, improper maintenance, or violations of federal trucking regulations.
Our comprehensive approach helps establish that the trucker is at fault, not you. We work diligently to build strong cases to show you were not partially to blame for your truck accident so you can sue for damages.
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Common Truck Driver Negligence
Hours–of–service violations often lead to fatigued driving, which causes delayed reactions and poor decision-making that can result in devastating crashes. We can use evidence like driving logs to show this happened.
Electronic logging device records and driver communication logs can reveal distracted driving behaviors, such as texting, eating, or using dispatch devices while operating the truck. Documenting these behaviors helps establish that the truck driver was entirely at fault for the accident.
Trucking companies may pressure drivers to meet unrealistic delivery deadlines, leading to speeding and aggressive driving maneuvers. When we can demonstrate that corporate policies encourage unsafe driving, it helps protect you against claims that you contributed to the accident.
Get Help if You’ve Been Partially Blamed for a Truck Accident
North Carolina’s contributory negligence law makes truck accident cases particularly challenging for victims. Don’t let concerns about partial fault prevent you from seeking the compensation you deserve. Our experienced truck accident lawyers know how to build strong cases that protect your rights.
Contact DeMayo Law Offices for a free case evaluation. We’ll review your case and see if you can sue despite claims you are partially to blame for your truck accident. Remember, you don’t pay anything unless we win your case.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
