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Can You Sue After Rear-Ending a Truck in North Carolina?


— April 19, 2022

North Carolina’s “at-fault” rules mean that in order to file a claim and receive compensation, you need to prove that someone else’s negligence led to your injury.


One of the most common types of truck accident is a rear-ender. However, there are two types of rear-enders involving semi-trucks: Those in which a smaller vehicle is rear-ended, and those in which the semi-truck is actually the one being rear-ended. If you have rear-ended a semi-truck, you might have suffered serious injuries. This is because these heavy vehicles normally escape being rear-ended by a smaller passenger car without a scratch, while you might be lucky to escape with your life intact. 

But can you sue if you rear-ended a semi-truck? If you find yourself asking this question, you might also be asking: “Where can I find truck accident attorneys near me?” This is an important question if you’re planning to file an injury claim, as an attorney can help you strive for the best possible results. Even if you were the one who rear-ended the semi-truck, there may still be a possibility of receiving a financial settlement for your injuries. It’s best to book a consultation as soon as possible for best results. 

North Carolina is an “At-Fault” State

Since North Carolina is an “at-fault” state, you may find it a little challenging to sue if you were the one that rear-ended the semi-truck1. Generally speaking, the rear car in this type of accident is always considered to be at fault. If you rear end someone, it is because you failed to give them enough space. Even if a semi-truck suddenly slams on the brakes with no warning, you are expected to avoid the impact. 

North Carolina’s “at-fault” rules mean that in order to file a claim and receive compensation, you need to prove that someone else’s negligence led to your injury. This is difficult to do if you were the one who was clearly “at-fault” for the accident. That being said, there are a few exceptions to this rule.

Statue of Lady Justice; image by William Cho, via Pixabay.com.
Statue of Lady Justice; image by William Cho, via Pixabay.com.

For example, a semi-truck that is parked in the middle of the highway is breaking the law, and if you hit them, you might be able to hold them accountable. The same goes for a truck illegally parked on the side of the highway – perhaps blocking part of a lane. 

Another example is when truckers fail to use their lights at night. If you can’t see the rear of the truck because there are no lights present, you might be able to claim that the trucker’s negligence led to the accident. In addition, truckers parked on the side of the road at night are expected to put on their hazard lights2. If they fail to do this and partially block a lane at night, you might be able to claim that their negligence led to the accident. 

Where Can I Find an Attorney Near Me?

If you’ve been searching the North Carolina area for a qualified, experienced truck accident attorney, there are many legal professionals available to help you. Major metropolitan areas like Durham are home to numerous truck accident attorneys. All you need to do is get in touch with one of them and book a consultation. Reach out today and be proactive, as the statute of limitation can prevent you from suing if you wait too long. The clock is ticking. 

Sources:

  1. https://wallethub.com/answers/ci/is-north-carolina-a-no-fault-state-2140699311/
  2. https://www.wfmynews2.com/article/news/verify/verify-should-you-use-headlights-flashing-hazards-lights-in-rain/83-452941099

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