How Is Liability Determined in a North Carolina Truck Accident?

Published December 26, 2025 by The Law Offices of John Drew Warlick, P.A.

In North Carolina, any party that causes a truck accident is financially responsible for the harm they cause. Multiple parties may be liable, including the truck driver, trucking company, cargo loader, and maintenance provider. A truck accident lawyer can investigate what happened in your trucking crash to determine whose mistakes or rule violations contributed to it.

What Causes Trucking Accidents in North Carolina?

Many different mistakes lead to truck accidents in North Carolina. Among the most common causes are:

Driver fatigue
Driver distraction
Speeding or reckless driving
Improper training
Inadequate hiring process
Lack of proper vehicle maintenance
Improperly secured cargo
FMCSA (Federal Motor Carrier Safety Administration) rules violations.

Many crashes result from negligence, or someone’s failure to act with appropriate care given the circumstances. Sometimes, the driver is the negligent party. Other times, the companies responsible for maintaining and operating the vehicles, or the employers of the driver, face liability.

What Evidence Can Establish Who Was At Fault in a Truck Accident?

Investigators will gather and review evidence to determine who’s at fault for a truck accident. Typically, truck accident evidence includes the following:

Accident reports – If police responded to the scene, they were likely required to make an official account of their observations. This document may include the officer’s assessment of who was at fault and a list of factors contributing to the crash. The police report will also contain information about the drivers involved in the crash, identify injured parties, and state whether any party allegedly violated traffic laws or federal and state regulations.
Driver logs – Federal regulations require commercial truck drivers and trucking companies to keep these documents. They show how long the truck driver was behind the wheel and might indicate if they violated the hours-of-service rules.
Black box data – The event data recorder (EDR) in a truck can be crucial evidence. It shows how the truck operated during the crash and records potentially critical details such as speed, braking, and steering inputs.
Maintenance records –Truck owners must document the inspection and repair of their vehicles. Suppose vehicle maintenance records show the truck owner and driver improperly maintained the truck. In that case, the owner may share liability if the lack of maintenance or mechanical failure contributed to a crash.
Witness statements – Third parties who saw the accident can provide unbiased testimony about what they saw.
Video footage – Traffic, security, or dashboard camera recordings can show an objective account of the accident.

Gathering this evidence can be difficult without the help of an experienced truck accident attorney. A lawyer can work with investigators and others to gather critical evidence quickly before it’s lost or destroyed.

Could Different Parties Be Held Liable in a Truck Accident Case?

Anyone who contributed to causing a truck accident could be at least partly liable for resulting injuries. Here are a few examples of the different parties who might be liable in a trucking accident:

A truck driver who was speeding, driving while tired, distracted driving, or driving while impaired (the driver’s negligence is one of the leading causes of truck accidents in North Carolina)
A trucking company that failed to enforce safe policies, hired unqualified truck drivers, or pushed unsafe delivery schedules
Cargo loaders that improperly secured freight and caused the vehicle to tip while in use
Truck manufacturers who designed or installed inherently unsafe components
Maintenance providers who failed to make necessary repairs.

For example, imagine a driver speeding down the road, applying the brakes late, and failing to stop in time before crashing into another vehicle. In this scenario, the driver might be primarily to blame. However, if the driver could not stop in time due to faulty brakes, the company that manufactured the brake system may share fault.

What Happens If I Was Partly Responsible for the Truck Accident?

North Carolina operates under a pure contributory negligence rule. Under the contributory negligence rule, if you are in any way at fault for a truck accident, even just one percent, the law could bar you from recovering compensation from the trucker, trucking company, or other liable parties.

However, some exceptions apply to the contributory negligence rule. Working with an attorney with experience in determining liability in truck accident cases and dealing with insurance companies is critical after a truck accident occurs. An attorney can help you challenge attempts to shift blame to you and seek compensation you are due under North Carolina law.

What Compensation Can You Recover After a Truck Crash?

Trucking accidents can result in catastrophic injuries. If other parties are liable for the truck accident that injured you, they could owe you compensation for the physical, emotional, and financial harm you have suffered, including the following:

Medical expenses
Lost wages and other income
Diminished earning ability
Pain and suffering
Emotional distress
Loss of enjoyment of life.

In the tragic instance of a wrongful death, surviving family members may also pursue a wrongful death claim. This claim can compensate for the loss of financial support, companionship, funeral expenses, and more.

How Long Do You Have to File a Truck Accident Lawsuit in North Carolina?

Under North Carolina law, you generally have three years from the date of an injury to file a personal injury suit. You should act quickly if you believe you have a valid case for many reasons. A court can dismiss your case if you fail to file on time.

This rule has some exceptions, too. They may extend the time you have to act or reduce it. A North Carolina personal injury lawyer can help you understand how much time you have.

Evidence doesn’t last forever. Memories fade over time, papers get lost or destroyed, and roads get cleaned and paved. Since evidence is so critical to your case, it’s essential to consult a lawyer while the evidence is still available.

Contact a North Carolina Truck Accident Lawyer

When a truck accident causes you pain and trauma, you deserve a legal team that knows how to determine truck accident liability and fight for you. At The Law Offices of John Drew Warlick, P.A., we offer:

Three generations of attorneys serving the people of Jacksonville, N.C., and surrounding communities
An established firm with extensive resources to conduct thorough investigations
A team that’s well-versed in the unique aspects of legal representation of military personnel
A direct relationship with your lawyer throughout your case
A proven track record of success for our clients.

We can help you identify and hold accountable all those parties who caused your truck accident and injuries. Contact us today and let us help you with the same compassion and knowledge we’ve given our many satisfied clients. We’re ready to work with you to pursue the compensation you deserve.