Figuring out who’s at fault in an 18-wheeler accident isn’t always simple. It’s not just about what the driver did—it can also trace back to the trucking company, the people who loaded the trailer, or even the parts that failed.
A North Carolina truck accident lawyer can help you identify where the breakdown happened and who should be held responsible. That answer shapes everything about your next steps.
One thing is clear: you’re up against powerful insurance companies. They know the system. They know the rules. And they’ll use both to protect themselves, not you.
What a North Carolina Truck Accident Lawyer Will Do for You
Most people don’t realize how fast trucking companies start building their defense. Their insurance carriers dispatch adjusters within hours. Their legal teams get to work collecting evidence that supports their version of the story.
A North Carolina personal injury lawyer helps level the playing field. That includes sending preservation letters for black box data, obtaining driver qualification records, reviewing logbooks, and pulling inspection reports. These details matter—and they disappear fast if no one steps in to secure them.
You shouldn’t be left hoping the truth comes out on its own. We help make sure it does.
For a free legal consultation, call (877) 333-1000
Who Could Be at Fault in a Truck Accident?
Truck crashes often result from a combination of mistakes. That’s why liability can fall on more than one person or company.
- Truck drivers may speed, run red lights, drive while distracted, or fall asleep behind the wheel.
- Trucking companies sometimes cut corners to boost profits—skipping maintenance, failing to train drivers, or ignoring federal safety rules.
- Cargo loaders may overload the trailer or fail to secure the freight, leading to a rollover or jackknife.
- Manufacturers or maintenance providers may have supplied faulty parts or missed critical safety checks.
- Other drivers might contribute by driving aggressively or unpredictably near large trucks.
In many cases, these parties overlap. A tired driver may be behind the wheel because their employer pushed them to skip breaks. A mechanical failure might trace back to both a bad part and a missed inspection.
Uncovering those connections is part of building a strong case—and holding every responsible party accountable.
North Carolina’s Harsh Contributory Negligence Law
North Carolina is one of just a few states that follow the pure contributory negligence rule. This means if you’re found even 1% at fault, you may be blocked from recovering anything.
Insurance companies know this. And they use it to their advantage. They might say you changed lanes too quickly. Or claim you weren’t paying attention. All they need is a sliver of doubt to shut your case down.
That’s why we treat every crash as a fact-finding mission. Every detail matters. Because in North Carolina, the other side doesn’t have to prove you were mostly responsible—they just need a foothold.
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How a North Carolina Truck Accident Attorney Builds the Case
You can’t count on the trucking company to hand over what you need. Evidence disappears quickly, especially when it doesn’t help their case.
A skilled North Carolina truck accident attorney will act immediately to preserve and collect:
- Electronic logging device (ELD) data from the truck
- Vehicle maintenance and inspection records
- Dash cam or traffic camera footage
- Dispatch and communication logs
- Driver training and employment history
- Scene photos, witness statements, and police reports
Your legal team connects the dots between each piece of evidence. Together, it tells a story the trucking company would rather ignore.
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What If Someone Didn’t Survive the Crash?
Tractor-trailer collisions are some of the deadliest crashes on North Carolina roads. When a loved one is killed, the case shifts from injury to wrongful death, but the question of fault remains front and center.
Families may have a claim if the crash was caused by a truck driver, their employer, a cargo company, or anyone else who acted recklessly or carelessly. These cases may cover funeral expenses, medical bills, lost income, and the emotional loss of a relationship.
Wrongful death cases are time-sensitive and emotionally difficult. But they’re also a way to demand accountability—both for what was taken and for the pain it left behind.
Statute of Limitations for Truck Accident Claims in North Carolina
North Carolina law gives you a short window to take action. Under N.C. Gen. Stat. § 1-52(16), you have three years from the date of the crash to file a personal injury lawsuit. For wrongful death claims, N.C. Gen. Stat. § 1-53(4) sets a two-year deadline from the date of death.
Miss that deadline, and the court will likely throw out your case. Trucking companies know this. They wait you out. Once the time runs out, they have no reason to negotiate or take responsibility.
Reach out early—even if you don’t have all the answers. A lawyer can protect your right to file while you focus on healing and moving forward.
What to Do After an 18-Wheeler Crash in North Carolina
The moments after a truck accident are chaotic. But if you’re able, there are steps you can take to protect yourself:
- Call 911 and wait for help
- Get medical treatment immediately—even if symptoms seem minor
- Take photos of all vehicles, road markings, and any visible injuries
- Get the names of witnesses and ask for their contact info
- Don’t speak to the trucking company’s insurer until you’ve talked to a lawyer
Once you’ve taken care of your immediate safety, document everything. Save medical records, tow bills, prescriptions—anything connected to the crash.
You may not have all the answers yet. That’s okay. The first step is making sure your side of the story gets heard.
Talk to a Firm That Knows What You’re Up Against
At DeMayo Law Offices, we’re proud to be Your North Carolina Law Firm™. With over 250 years of combined experience and more than $1 billion recovered for our clients, we know what it takes to stand up to trucking companies and their insurers—and win.
If you’re asking who is at fault in an 18-wheeler accident, let’s talk. We’ll investigate every angle, fight for your recovery, and never take a case unless we believe we can make a real difference.
When you work with us, you’re not just hiring a lawyer. You’re partnering with a team that shows up for you, your family, and your future. Give us a call today for a free consultation.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
