If you’ve been injured in North Carolina in a collision with a semi-truck, you might be entitled to pursue compensation from the at-fault trucker, the trucking company, or other responsible parties for the injuries and losses you sustained as a result. However, the situation becomes complicated if the evidence indicates that you contributed to the accident.
North Carolina generally bars injury victims from recovering any compensation when they are at all at fault for the crash. Insurance companies often use the contributory negligence defense to avoid compensating people injured in large truck crashes.
If an insurance company argues your carelessness contributed to the North Carolina truck accident that injured you, it’s imperative to talk to an attorney right away. The Durham truck accident attorneys at Kreger Brodish LLP understand the principles of contributory negligence in truck accidents and how to protect your right to compensation. We can gather and present evidence to show that you bear no blame for the crash, paving the way for you to recover the money you need to rebuild your life.
Call our office now or complete our contact form for a free consultation.
Understanding Contributory Negligence in North Carolina
There are three main ways that state legal systems address negligence in personal injury cases:
- Pure comparative negligence – In a pure comparative negligence system, each party pays for the harm they caused in an accident according to their share of fault, no matter each party’s level of blame. That means, in theory, someone could pursue partial compensation for their injuries even if they bear most of the responsibility for an accident. California is one state that uses a pure comparative negligence system.
- Modified comparative negligence – A modified comparative system is the same as a pure comparative negligence system with one crucial difference: The plaintiff can’t recover any compensation if their percentage of fault passes a certain threshold. The threshold is usually 50 or 51 percent, depending on the jurisdiction. The system allows plaintiffs to seek partial compensation if they contributed to their own injuries in an accident as long as they don’t bear most of the blame. South Carolina uses a modified comparative negligence system.
- Contributory negligence – In contributory negligence states like North Carolina, a plaintiff can’t recover any compensation for their injuries if they played any role in causing the accident, no matter how small their degree of fault. It is a harsh system for awarding compensation, and only a handful of states still use it. Unfortunately, North Carolina is one of these states, which can make it more difficult for injured truck accident victims to recover compensation for their injuries. If a defendant in a personal injury case successfully establishes that the plaintiff (the injured person who filed the claim) played a role in causing the accident, the injured party gets nothing.
Common Causes of Semi-Truck Accidents
North Carolina truck accidents typically involve careless or dangerous actions by one or more parties, such as the truck driver or the company they work for. Common examples of negligent or unsafe behavior that can cause a truck crash include:
- Speeding or driving too fast for conditions – A speeding truck requires more distance to stop, and the driver can easily lose control. Semi-truck drivers who exceed the speed limit or fail to slow down in bad weather put everyone on the road at risk.
- Driving while fatigued – Long hours on the road without adequate rest can lead to severe fatigue among truck drivers, slowing their reaction times and increasing the likelihood of mistakes. Federal regulations require that truckers take rest breaks, but some drivers or companies push limits to meet tight delivery schedules.
- Distracted driving – Truck drivers who text, use a GPS, eat while driving, or engage in other non-driving activities divert their attention from the road. Even a momentary distraction can cause a devastating collision, given the size and weight of a truck.
- Poorly maintaining vehicles – Failing to maintain key components like brakes, tires, and steering systems can lead to equipment failures that may cause a collision. For example, worn brakes may prevent a truck from stopping in time to avoid a crash, or a tire blowout could lead to loss of control.
- Driving under the influence – Alcohol or drug use impairs a truck driver’s ability to make safe decisions and control the vehicle. That includes both illegal substances and prescription and over-the-counter medications that cause drowsiness or impair judgment.
- Failing to check blind spots – Semi-trucks have large blind spots, especially on the sides and rear of the vehicle. Drivers who fail to account for these blind spots when changing lanes or turning can collide with smaller vehicles.
- Driving aggressively – Actions like tailgating, sudden lane changes, and cutting off other drivers can easily lead to accidents. Aggressive behavior from truck drivers increases the likelihood of high-speed collisions.
How Fault Is Determined in North Carolina Semi-Truck Accidents
Fault for a North Carolina semi-truck accident is usually based on negligence. That means the truck driver or someone else failed to take reasonable steps to prevent the crash. For instance, if the truck driver was speeding, their actions could qualify as negligence because speeding violates North Carolina traffic laws and puts everyone on the road in danger.
Where fault and negligence become complicated is if the liable party or their insurer argues an injured driver contributed to the crash in some way, making them partly responsible or contributorily negligent. Under North Carolina’s contributory negligence laws, any degree of fault for a truck accident could invalidate an injured driver’s claim, leaving them without compensation for their injuries. That’s why it’s essential for people injured in truck crashes to work with a capable Durham truck accident attorney who can protect their rights.
Impact of Contributory Negligence on Compensation
If an insurer successfully argues you contributed to a North Carolina truck accident, that could mean the end of your case. State law says liable parties don’t have to pay for your injuries if you contributed to a truck crash, and insurance companies often use this tactic to deny people fair compensation.
An experienced commercial truck accident lawyer at Kreger Brodish LLP can gather all the available evidence to support your claim and refute the insurance company’s arguments.
Defending Against Contributory Negligence Claims in Semi-Truck Accidents
North Carolina law says defendants who use the contributory negligence defense in a personal injury claim bear the burden of proof, meaning they must prove that the plaintiff contributed to the accident. While putting the burden of proof on the defendant does benefit plaintiffs slightly, the odds are still against plaintiffs because all the defendant must show is that the plaintiff did one small careless thing that contributed to the accident. If a defendant can do that, they can bar the plaintiff from recovering any compensation for their injuries.
For example, an insurer might argue that a plaintiff contributed to the accident by following too closely behind a truck, speeding, cutting off the truck, or engaging in other dangerous driving behavior. To avoid losing their right to compensation, plaintiffs must have robust evidence showing that they were following the law and didn’t do anything that may have contributed to the crash.
Our truck accident lawyers know what evidence to look for in these cases and how to use it effectively to protect the rights of injured drivers and passengers.
Proving Fault in a Semi-Truck Accident Case
Proving a truck driver or another party caused a collision requires compelling evidence. Common types of evidence used in North Carolina truck accident cases include:
- Police crash reports, which may contain the responding officer’s assessment of who caused the crash and records of any citations the officer issued. These reports may provide persuasive evidence to the insurance company.
- Video surveillance footage, which may show the truck driver looking at their phone, behaving aggressively, drinking, or engaging in other dangerous behavior.
- Truck maintenance records, which may reveal if the truck did not have proper maintenance of crucial components, and poorly maintained parts failed and caused the crash.
- The driver’s logs, which may show if the driver failed to take their required breaks under state and federal law.
- The truck’s electronic data recorder, which may contain data showing what the truck was doing in the moments before a crash.
What If I Might Be Partially at Fault?
There are two critical things to remember if you think you might be partly responsible for a truck accident. The first is to avoid discussing your case with anyone other than your lawyer. A closer look at the evidence may reveal you actually played no part in causing the crash, but a stray comment could jeopardize your case.
The second thing to remember is to talk to an attorney as soon as possible. An experienced Durham truck accident lawyer at Kreger Brodish LLP can carefully investigate the crash to determine who caused it and find evidence showing that you did not contribute to the accident.
Contact Our Durham Truck Accident Lawyers for Help
The Durham truck accident attorneys at Kreger Brodish LLP understand the nuances of these cases and how stressful they can be for the injured parties. We’ll make this process as easy as possible while vigorously protecting your rights.
Call now or reach out online for a free case review.
