What you do in the moments after a truck accident can make all the difference—not just for your health, but for your legal case. If you don’t take the right steps, you could risk losing the compensation you’re entitled to.
What to Do After a Truck Accident
The moments following a truck accident can be overwhelming, but the actions you take immediately after the crash can significantly impact your ability to secure fair compensation. Prioritizing safety, gathering critical evidence, and protecting your legal rights should be your top concerns.
Prioritize Safety and Seek Medical Attention
Your health is the most important thing after a truck accident. If you are able to do so safely, move to a secure location away from oncoming traffic. Even if you don’t feel seriously injured, seek medical attention immediately. Some injuries, such as concussions, whiplash, or internal bleeding, may not be apparent right away but can worsen over time. A medical evaluation also provides essential documentation of your injuries, which can strengthen your claim.
Report the Accident and Gather Evidence
Call 911 to report the accident. Law enforcement officers will document the scene and prepare an official police report, which serves as crucial evidence when determining liability. If you are physically able, gather the following evidence at the scene:
- Photos of vehicle damage, skid marks, road conditions, and any visible injuries.
- Contact information for witnesses who saw the accident occur.
- The truck driver’s name, employer, and insurance details.
- Any identifying information about the trucking company, including the USDOT number displayed on the truck.
This evidence will be invaluable in proving your case, especially if the trucking company or their insurer tries to dispute fault.
Be Cautious When Speaking to Insurance Companies
Insurance companies, particularly those representing trucking companies, often try to minimize payouts by offering quick settlements or pressuring victims into making statements that could be used against them. Avoid discussing fault, accepting settlement offers, or giving recorded statements without first consulting a truck accident attorney. A lawyer will handle communications with insurers to ensure you are not taken advantage of.
Contact an Experienced Truck Accident Attorney
Truck accident claims involve multiple parties and legal issues, making it essential to have an experienced attorney on your side. A lawyer will:
- Investigate the accident and gather evidence.
- Determine liability by identifying whether the driver, trucking company, or another entity was at fault.
- Handle negotiations with insurance companies to ensure you receive fair compensation.
- Take your case to court if a fair settlement cannot be reached.
Having legal representation significantly increases your chances of securing maximum compensation for your injuries and financial losses.
Keep Track of All Medical Bills and Expenses
As you recover from your injuries, document everything related to your medical treatment. This includes hospital visits, physical therapy, medication, and any out-of-pocket costs. If your injuries prevent you from working, keep track of lost wages and how your condition affects your ability to perform daily activities. These records will help quantify your damages and ensure you receive appropriate compensation.
Avoid Posting About the Accident on Social Media
Insurance companies and defense attorneys often monitor social media activity to find posts that could be used to dispute your claims. Even a simple post stating that you are “feeling better” could be twisted to suggest that your injuries are not as severe as you claim. To protect your case, avoid discussing the accident or your recovery on social media until your claim is resolved.
Follow Your Attorney’s Guidance and Meet Legal Deadlines
North Carolina has a strict three-year statute of limitations for personal injury claims and a two-year deadline for wrongful death claims. While this may seem like ample time, delays can result in lost evidence and weakened cases. Your attorney will ensure that all necessary paperwork is filed on time and that you meet every legal requirement to strengthen your claim.
By taking these steps and working with a skilled truck accident attorney, you can protect your rights and improve your chances of receiving the compensation you deserve.
The Dangers of Truck Accidents
Truck accidents are among the most severe collisions on Charlotte’s roads. Due to their massive size and weight, commercial trucks can cause devastating injuries and extensive property damage. Some of the biggest risks associated with truck accidents include:
- Severe Injuries and Fatalities: The impact of a truck collision often leads to catastrophic injuries, including traumatic brain injuries, spinal cord damage, broken bones, and internal injuries.
- Multi-Vehicle Collisions: A truck accident can trigger chain-reaction crashes, especially on highways and congested roads.
- Hazardous Cargo Spills: Some trucks carry hazardous materials that can cause fires, explosions, or environmental damage.
- Long-Term Financial and Emotional Impact: Victims may face years of medical treatments, lost wages, and emotional trauma, making fair compensation essential.
Understanding these risks is critical to ensuring that you take the right legal steps after a truck accident.
Why Hiring a Truck Accident Lawyer Is Essential
Truck accident cases are significantly different from standard car accident claims. Multiple parties may be involved, including the truck driver, trucking company, cargo loaders, and even truck manufacturers. Each of these entities will have their own legal teams working to protect their interests. Without an experienced truck accident attorney, victims may struggle to:
- Navigate Complex Liability Issues: Determining who is responsible in a truck accident can be challenging. Liability could fall on the truck driver, the trucking company, the truck manufacturer, or a maintenance provider.
- Deal with Aggressive Insurance Companies: Trucking companies often have powerful legal teams and insurers that work hard to minimize payouts or deny claims altogether.
- Gather Crucial Evidence: A skilled attorney will obtain black box data, driver logs, accident reports, and other key evidence to build a strong case.
- Ensure Compliance with State and Federal Trucking Regulations: Trucking is governed by strict federal and state laws, including weight limits, driver rest periods, and vehicle maintenance requirements. An attorney will investigate whether any violations contributed to the accident.
- Maximize Compensation: Without legal representation, victims may be pressured into accepting settlements far below what they deserve. An attorney will fight for full compensation, covering medical bills, lost wages, and pain and suffering.
With skilled legal representation, victims can focus on healing while their lawyer fights for their rights.
How North Carolina Law Impacts Your Truck Accident Claim
North Carolina’s laws play a crucial role in determining how truck accident claims are handled. Some key legal factors to be aware of include:
- Contributory Negligence Rule: North Carolina follows one of the strictest negligence laws in the country. If the victim is found to be even 1% at fault for the accident, they may be barred from recovering any compensation. This makes it critical to have strong legal representation to prove fault rests solely with the other party.
- Statute of Limitations: Victims of truck accidents have three years from the date of the crash to file a personal injury claim. For wrongful death cases, the deadline is two years. Failing to file within this timeframe may result in losing the right to compensation.
- Comparative Fault in Multi-Vehicle Accidents: Many truck accidents involve multiple vehicles. Determining liability and navigating North Carolina’s strict fault laws requires an in-depth investigation.
- State and Federal Regulations: North Carolina enforces federal trucking laws set by the Federal Motor Carrier Safety Administration (FMCSA), including regulations on driver fatigue, cargo weight limits, and truck maintenance. Proving that the trucking company or driver violated these laws can strengthen a victim’s case.
An experienced truck accident attorney will ensure your claim aligns with North Carolina’s legal framework, helping you avoid pitfalls that could weaken your case.
Understanding Your Legal Rights After a Truck Accident
If you have been injured in a truck accident in Charlotte, you have specific legal rights designed to protect you and ensure fair compensation. These include:
- The Right to Seek Compensation: Victims have the right to file a claim for damages, including medical expenses, lost income, pain and suffering, and property damage.
- The Right to Legal Representation: You do not have to face trucking companies and their insurers alone. Hiring an attorney ensures that your rights are protected throughout the legal process.
- The Right to Hold Negligent Parties Accountable: If a truck driver, trucking company, or another party was negligent, they can be held legally responsible for the harm caused.
- The Right to a Fair Settlement: Insurance companies often offer low settlements in the hope that victims will accept them out of desperation. You have the right to negotiate and pursue full compensation.
- The Right to Take Legal Action: If a fair settlement cannot be reached, you have the right to take your case to court and present your evidence before a judge and jury.
Knowing and asserting these rights with the help of a qualified attorney is essential in achieving a successful outcome.
How Auger & Auger Can Help
At Auger & Auger, we have been advocating for truck accident victims in Charlotte and across North Carolina for over 30 years. We understand the tactics that trucking companies and insurers use to minimize claims, and we know how to fight back. Our legal team will:
- Conduct a full investigation into the accident.
- Gather crucial evidence, including black box data and trucking logs.
- Work with medical and industry experts to strengthen your case.
- Negotiate aggressively with insurance companies to secure maximum compensation.
- Take your case to trial if necessary to ensure justice is served.
With our A&A Zero Fee Guarantee, you pay nothing unless we win your case.
If you or a loved one has been injured in a truck accident in Charlotte or anywhere in North Carolina, don’t wait. Call Auger & Auger today for a free, no-obligation consultation. Let us fight for the justice and compensation you deserve.
