Hit by a Truck in North Carolina: Why One Finding of Fault Can End Your Claim

Quick answer: After a serious truck crash in North Carolina, the question of fault can decide the whole claim. The North Carolina Department of Insurance says contributory negligence law “bars a driver from collecting damages if determined to be partially at fault.” In other words, if you contributed to the crash, you may not be able to collect on a liability claim against the trucking company. That is why the first conversations with an insurer matter so much.

Many people assume fault gets split up, with each side paying its share. That is not how the state’s insurance regulator describes the rule here. This guide explains what the rule means, how it can come up after a truck crash, and what you can do about it.

What does contributory negligence mean in North Carolina?

It means fault is close to all or nothing. If you are found to have contributed to the crash, you may not be able to collect damages on a liability claim, even if the truck driver did most of the harm. The Department of Insurance states the rule in one sentence, and it applies to drivers in a crash with a truck too.

That single sentence is the reason a claim with terrible injuries can still be in danger. A serious injury does not change the question the rule asks. The question is whether you contributed.

Who decides whether you were partly at fault?

The first person to weigh in is usually an insurance adjuster. The Department of Insurance says the adjuster investigating the accident “will attempt to determine who is negligent or at-fault.” But the adjuster’s view is not final. The department adds that any disagreement over negligence “may ultimately have to be resolved in a court of law.”

Keep in mind who that adjuster works for. If the trucking company’s insurer is handling the claim, the adjuster is looking at the crash for the company paying the claim.

How can a fault question come up after a truck crash?

Through small details that seem harmless when you are hurt and shaken. A lane change, a guess about your speed, or a casual “I didn’t see the truck” can all end up in a claim file. None of these prove anything on their own, but each one gives an insurer something to argue about.

Here is where those details tend to show up, and what helps at each point.

When	What may get asked or written down	What helps
At the scene	Who moved where, how fast and when	A police report, witness names and photos
The insurer’s first call	What you saw, and whether you were in a hurry	Talk to a lawyer before any recorded statement
At the doctor	How you describe what happened	A short, accurate account, the same every time
In the crash report	What the officer noted about each driver	Order the report and read it carefully

What should you do at the scene and in the first days?

Start with your health, then protect the facts. The Department of Insurance checklist says to call the police, especially when there are injuries, and to get the other driver’s name, address, phone number, license plate, driver’s license number and insurance information, along with the names and contact details of any witnesses.

It also says, “Don’t agree to forget about the accident.” You may have hidden damages or unknown injuries. With a commercial truck, also write down the company name on the door and the trailer number. Then look at what to do after a serious truck crash.

How do you get the crash report?

Use NCDMV form TR-67A. A person who was in the crash can order a redacted copy by mail or in person, but individuals cannot order online. NCDMV lists in-person locations in Raleigh and at the Huntersville License Plate Agency, and asks you to allow 10 business days for mail requests.

Read the report closely when it arrives. If it says something about you that is wrong, a lawyer should know before anyone relies on it.

What else matters besides fault?

Plenty, and most of it sits with the trucking company. A fault fight does not stop the rest of the case from moving, and some of the best answers about the crash are in records the carrier controls:

• Whether the driver was over the federal hours limits.
• Whether brakes, tires and upkeep met the rules.
• Whether the carrier ran the post-crash alcohol and drug tests it had to run.

Those facts can change how a fault argument looks. Time matters here too. North Carolina generally gives you three years to file a personal injury lawsuit, but the trucking company’s duty to keep some records ends much sooner.

Why does a claims background help with a fault fight?

Because a fault argument is usually built inside a claim file. After law school, Randy Emory worked in State Farm’s claims department for three years and handled over three thousand auto claims, which taught him how an insurance company handles the claims it receives.

That experience does not predict the result of any case. It does mean he has seen how a file gets put together from the other side of the table.

Why call The Emory Law Firm after a serious truck crash?

Randy Emory started The Emory Law Firm, P.C. in 2001, and it works from one office in Charlotte. Read more about Randy, or see what clients say. The firm is bilingual, in English and Spanish.

If you were badly hurt, or you lost someone, and an insurer is already asking what you did, call before you answer. Talk to the firm at (704) 371-4333.