How can I file a claim after a truck crashed into me and caused my injuries?: North Carolina Personal Injury
How can I file a claim after a truck crashed into me and caused my injuries? — North Carolina
Short Answer
In North Carolina, you start by reporting the crash, getting medical care, and notifying the at‑fault driver’s insurer and your own insurer. You then gather proof of fault and damages, send a demand package, and negotiate. If you cannot settle, you must file a lawsuit before the statute of limitations runs (generally three years for personal injury). Because North Carolina uses contributory negligence, even small mistakes alleged against you can jeopardize your claim—build strong evidence early.
How North Carolina Law Applies
After a truck crash, you can pursue compensation from the at‑fault driver and, often, the trucking company. North Carolina allows claims for medical bills, lost wages, pain and suffering, and property damage. Most claims begin with insurance negotiations and may proceed to a lawsuit if needed. North Carolina’s contributory negligence rule means that if a jury finds you even slightly at fault, you may be barred from recovery, so careful documentation and evidence preservation matter.
Example: If a tractor‑trailer rear‑ends you at a stoplight, you collect the crash report, photos, and witness statements and request the truck’s electronic control module (ECM) data and driver logs. These records help prove the trucker’s fault and protect your claim from contributory negligence arguments.
Key Requirements
Fault: Show the truck driver (and possibly the trucking company) violated a duty—such as speeding, running a red light, or driving while impaired—and caused your injuries.
Causation: Link the crash to your diagnosed injuries with medical records and provider opinions.
Damages: Document medical expenses, lost income, out‑of‑pocket costs, and pain and suffering.
Timing: File any lawsuit before the deadline (generally three years for personal injury; property damage also typically three years; wrongful death, two years).
Preservation: Promptly request preservation of critical trucking evidence (ECM “black box” data, dash cam video, ELD hours‑of‑service logs, bills of lading, maintenance and inspection records, and post‑crash drug/alcohol testing where applicable).
Insurance: Identify all coverages—truck’s liability policy, employer’s policy, your UM/UIM coverage, and any other potentially responsible parties.
Process & Timing
Safety and Report: Call 911, get medical care, and cooperate with law enforcement. Ask how to obtain the DMV‑349 crash report number.
Medical Documentation: Follow up with your doctor, follow treatment plans, and keep all bills and records.
Notify Insurers: Report the crash to the at‑fault carrier and your insurer (for med‑pay and UM/UIM). Avoid recorded statements before you understand your rights.
Evidence Collection (early, within days to weeks): Photograph vehicles and the scene; identify witnesses; request nearby camera footage; send written preservation letters to the trucking company for ECM data, ELD logs, maintenance/inspection files, and employment/safety records.
Valuing the Claim (weeks to months): Track medical expenses, wage loss, and other costs; consider future care needs. Gather proof for each category.
Demand Package: Send a detailed demand with liability proof (e.g., traffic law violations), medical records, billing ledgers, pay records, and a settlement proposal.
Negotiation: Expect back‑and‑forth with adjusters. Do not sign releases until treatment is substantially complete and your damages are known.
File Suit if Needed: If you cannot settle, file in the proper North Carolina court before the deadline. After filing, the case proceeds through service, discovery (document exchanges, depositions, expert opinions), mediation, and trial if unresolved.
Special Defendant Types: If the truck is owned by a state agency, your claim may have to be filed with the North Carolina Industrial Commission under the State Tort Claims Act rather than in superior court. Government‑related claims have special rules.
What the Statutes Say
N.C. Gen. Stat. § 1-52 — General three‑year statute of limitations that commonly applies to personal injury and property damage claims.
N.C. Gen. Stat. § 1-53 — Two‑year limitation for wrongful death (if a loved one passed from crash injuries).
N.C. Gen. Stat. § 1-17 — Tolling for minors or certain legal disabilities, which can extend filing deadlines.
N.C. Gen. Stat. § 20-138.1 — Driving while impaired; violations can support liability and potential punitive damages.
N.C. Gen. Stat. § 1D-15 — Punitive damages standard (fraud, malice, or willful/wanton conduct; clear and convincing proof).
N.C. Gen. Stat. § 1D-26 — No punitive damages cap when the defendant was impaired in violation of impaired‑driving laws.
N.C. Gen. Stat. § 143-291 — State Tort Claims Act jurisdiction for negligence by state employees (claims handled by the Industrial Commission).
Exceptions & Pitfalls
Contributory Negligence: If you’re found even 1% at fault, recovery can be barred. Build strong liability proof (witnesses, video, ECM data).
Last Clear Chance: Even if you made a mistake, you may still recover if the truck driver had the final clear chance to avoid the crash and failed to do so.
Deadlines: Missing the filing deadline usually ends your claim. Different rules may apply for minors, wrongful death, or government‑owned vehicles.
Recorded Statements: Insurers may use your words against you. You can provide the basic facts without speculating about fault or injuries.
Quick, Low Settlements: Early offers often undervalue future treatment or lost earnings. Wait until your injuries are understood.
Evidence Loss: Truck data can be overwritten quickly. Send preservation letters as soon as possible.
Multiple Defendants: Trucking company, owner‑operator, shipper, or broker issues can affect who pays. Identify all potential parties and policies.
Helpful Hints
Ask for your DMV‑349 crash report number at the scene and request the report when available.
Keep a simple injury journal noting pain levels, missed activities, and work impacts.
Collect and save every bill and receipt—medical, prescriptions, mileage to appointments, and repairs.
Provide your insurer notice of any potential UM/UIM claim in writing.
Avoid posting about the crash or your injuries on social media.
If impairment or hours‑of‑service violations are suspected, request preservation of ELD logs and testing records in writing right away.
Disclaimer: This article is general information about North Carolina law, not legal advice. Reading it does not create an attorney‑client relationship.
Talk to a Personal Injury Attorney
If you’re dealing with injuries from a truck crash and need help with insurance claims, evidence, and deadlines, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-313-2737.
