How Truck Accident Settlements Work in North Carolina

The process of pursuing a truck accident claim typically follows this general timeline:

• Initial Investigation and Medical Care
  • Call 911 and report the crash
  • Get medical treatment at the scene or as soon as possible
  • Request an official accident report from the police
• Gathering Key Evidence
  • Collect photos, contact information, and witness statements if possible
  • Preserve medical records and receipts
  • Request black box data and inspection reports from the trucking company
• Filing the Insurance Claim
  • Your attorney files a claim with the truck driver’s insurance company
  • A demand letter outlines your damages, injuries, and fault assessment
• Determining Fault
  • North Carolina uses contributory negligence, which bars recovery if you’re even 1% at fault—this makes having a strong legal strategy critical
  • Insurance adjusters will investigate and may try to shift blame to reduce their liability
• Settlement Negotiation
  • Your attorney and the insurer may go back and forth on offers and counteroffers
  • Most claims are settled without a lawsuit, but if negotiations stall, filing suit is the next step

Why Settle Instead of Going to Trial?

Settlements have significant advantages for many injured victims, including:

• Faster results – Trials can take years; settlements resolve faster
• Less stress – You may avoid testifying in court
• Lower legal costs – Attorney fees and expenses are typically lower in settlements
• Privacy – Settlements are confidential, while trials are public record
• More control – You decide whether to accept an offer, rather than leaving your future to a jury

However, if the settlement offer is too low or the trucking company refuses responsibility, our team is ready to take your case to court.

Factors to Consider Before Accepting a Truck Accident Settlement

Before you agree to settle, we’ll help you evaluate:

• Your degree of fault (if any) – In North Carolina, even partial fault can bar recovery
• The seriousness of your injuries – Are they short-term, long-term, or permanent?
• Future medical costs – Has your recovery stabilized enough to estimate future treatment needs?
• Insurance limits – Does the truck company have enough coverage to fully compensate your losses?
• Wrongful death or punitive damages – Were there fatalities or signs of gross negligence?
• Evidence of liability – Do we have proof the truck driver or company caused the crash?

How Minimum Trucking Insurance Limits Affect Your Settlement

Commercial truck insurance requirements are higher than passenger vehicle policies, but coverage still varies.

Trucking companies are required to carry:

• $750,000 minimum for standard freight trucks over 10,000 lbs
• $1 million–$5 million for trucks transporting hazardous materials
• $300,000 minimum for small for-hire vehicles under 10,000 lbs

These limits set the maximum possible payout from a single insurer—but we may pursue multiple policies or parties to secure a full recovery.

How Much Can You Recover in a Truck Accident Settlement?

The value of your settlement will depend on both economic and non-economic damages, including:

• Medical bills – past and anticipated future expenses
• Lost wages – from time off work due to injury
• Loss of earning capacity – if your ability to work is permanently affected
• Pain and suffering
• Emotional distress
• Reduced quality of life
• Wrongful death damages, if applicable

Insurers often calculate non-economic damages (like pain and suffering) using a multiplier applied to your economic losses, based on injury severity.

How Long Does a Truck Accident Settlement Take?

There’s no fixed timeline, but common factors that affect settlement duration include:

• The complexity of the accident
  • Were there multiple vehicles? Equipment defects? Road hazards?
• Medical treatment progress
  • Settlement should ideally wait until maximum medical improvement (MMI) is reached
• Available insurance policies
  • Identifying all applicable coverages may take time
• Investigations and expert reviews
  • Accident reconstruction and mechanical analysis may be needed to prove fault

Most truck settlements take several months to a year—but serious cases may take longer depending on injuries, evidence, and negotiations.

Why Legal Representation Matters

Trucking companies are aggressive. Their insurance teams are trained to minimize payouts and shift blame—especially in complex or high-value cases.

Our team at LawyerPower Office of Mark Farbman will:

• Investigate your crash thoroughly
• Handle all communications with insurers
• Prove fault using expert evidence
• Negotiate the highest possible settlement
• Take your case to trial if a fair deal can’t be reached

And we do it all on a contingency fee basis

Get a Free Case Review Today

You don’t have to face a trucking company or insurance carrier alone. If you’ve been hurt in a commercial truck accident in North Carolina, let us walk you through the settlement process and fight for every dollar you deserve.

Call the LawyerPower Office of Mark Farbman at (704) 542-1555
or contact us online for your free, confidential consultation today.

Let’s hold them accountable—and get you the recovery you need.