A truck accident on I-77 or another road in Huntersville can cause serious injuries and major financial losses. Working with a truck accident lawyer in Huntersville is especially important because North Carolina’s contributory negligence law allows insurance companies to deny compensation if they can convince a jury you were even 1% at fault.
Because of this risk, your case must be built around clear evidence that you were not at fault. At Auger & Auger Accident and Injury Lawyers, we have worked in and around this very strict system in North Carolina since 1995 and recovered over $100 million for injured people. We go to extensive lengths to prove that our clients were 0% at fault for their accidents.
Our experienced Huntersville personal injury lawyers can evaluate your truck accident claim, explain your legal options, and help protect your ability to recover compensation.
Call us for a free consultation. With our A&A Zero Fee Guarantee™, you pay no attorney’s fees unless we recover money for you.
Determining Fault After a Truck Accident
Truck accident claims depend on evidence that shows how the collision occurred and who was responsible. Insurance companies often attempt to shift a percentage of the fault to the injured party during their investigation to avoid paying a claim.
North Carolina’s contributory negligence rule prevents you from getting compensation if you are even 1% at fault. If a case goes to trial, the court’s determination of fault decides the entire claim.
Our truck accident attorneys gather evidence early to establish a clear timeline of the crash. We use various types of evidence to counter a trucking company or insurer’s claim that you caused or contributed to the collision.
Evidence Our Huntersville Attorneys Collect for Truck Accident Claims
After a truck accident, trucking companies and their insurers begin investigating immediately, often with a focus on shifting fault. Preserving evidence early is critical to building a claim that shows the truck driver or company caused the collision.
We gather specific records related to state and federal regulations that govern commercial trucking, including Federal Motor Carrier Safety Administration (FMCSA) regulations.
Our Huntersville truck accident lawyers may make use of any of the following documentation we obtain through a thorough investigation:
- Crash reports and supplements: Official reports supply observations, diagrams, and citations; they inform the investigation, but liability must be proven with admissible evidence.
- Accident scene evidence: Photos and video from dashcams, traffic cameras, and surveillance showing skid marks, debris paths, and roadway conditions.
- Hours of service (HOS) compliance records: 49 CFR Part 395 sets limits for how long drivers can be on duty or driving within a day or week. We examine electronic logging device (ELD) records to determine whether the driver exceeded these hours, which may have contributed to fatigue and caused the crash.
- Cargo loading and securement records: Records and photos of the truck’s cargo configuration may reveal violations of 49 CFR Part 393, which requires proper loading and securement of cargo to avoid shifting loads that can destabilize trucks or contribute to loss of control.
- Truck maintenance records: 49 CFR Part 396 sets requirements for regular inspections and maintenance of commercial vehicles. Maintenance logs, repair histories, and inspection reports for the truck involved help reveal if overdue maintenance or ignored mechanical issues played a role.
- Electronic logging device (ELD) and truck data: GPS data, speed, braking activity, and idle times can all be found in a truck’s ELD or onboard computers. This data helps reconstruct the driver’s actions prior to the crash and whether FMCSA regulations were followed.
- Trucking company records: Hiring and training files can disclose whether the trucking company followed FMCSA employment standards, such as verifying driver qualifications, providing adequate training, and conducting regular drug and alcohol testing.
- Witness statements and recordings: Testimonies from eyewitnesses, 911 call recordings, and dashcams from surrounding vehicles may clarify details about the truck’s movements, lane position, and speed at the time of the accident.
Some types of trucking evidence may be destroyed, lost, or overwritten if they are not preserved quickly. Our Huntersville truck wreck lawyers work to save records before they’re compromised.
Truck Accident Lawsuit Filing Deadlines in North Carolina
North Carolina law sets a strict deadline for filing personal injury lawsuits. N.C.G.S. § 1-52 generally gives three years to file for your truck accident lawsuit. You risk your right to all legal recourse against a trucking company or insurer by missing this deadline.
After you hire our team, we will immediately begin investigating to preserve your right to file a civil suit if an insurer refuses to offer a fair settlement.
We Protect Your Truck Collision Claim From Day One
Truck accident cases often require immediate investigation and careful evidence preservation. A commercial crash brings high stakes and fast-moving decisions, so we build the claim around proof that can stand up when the other side starts pushing back.
Our team communicates with insurance companies on your behalf and gathers the records needed to explain how the crash occurred. We preserve the truck data early and push for the company’s records, so the claim stays consistent with your care.
As the case develops, we keep the insurer accountable for what the evidence shows. You get timely updates, and we keep the option of court on the table.
Damages in a Truck Accident Claim
Severe truck crash injuries can affect your ability to work, manage daily responsibilities, and maintain your quality of life, all while medical bills continue to pile up. A well-documented claim ensures the insurer cannot minimize or disregard the full extent of your losses.
Our Huntersville truck crash attorneys work to recover damages that reflect the true cost of your injuries, which may include:
- Medical expenses: We seek recovery for immediate medical bills for emergency care and future costs for ongoing treatment related to your injuries.
- Lost wages: Your injuries or medical appointments can lead to lost income that may be recoverable.
- Diminished earning capacity: Severe injuries can limit your ability to return to your previous job or hold certain positions, leading to long-term financial losses.
- Pain and suffering: You may qualify for non-economic awards for the physical pain and emotional toll the accident has taken on you.
- Property damage: The cost of repairing or replacing damaged property, including your vehicle or other personal property damaged in the crash, may be included in your claim.
- Disability and long-term care: If the accident results in a permanent disability, we pursue compensation for mobility aids, home modifications, and other necessary accommodations.
Our team gathers records and evidence to document the full impact of the crash so that you can access the resources you need to recover from your injuries and losses.
Talk With Auger & Auger About Your Truck Crash Claim
Trucking companies and insurers have teams of defense lawyers. You deserve equally strong legal representation. Auger & Auger has recovered over $100 million for injured people across the Carolinas, and we still operate like a local, family-run firm.
Our team of attorneys sees you as a person and formulates a legal strategy that prioritizes your best interests. You also deserve a clear fee promise. Our A&A Zero Fee Guarantee™ means you do not pay us any attorney’s fees unless we secure compensation for you.
Reach out to us today for a free initial consultation. We will review what happened and explain your next steps.
