North Carolina’s Vehicle Accident Statutes

Below is a comprehensive overview of the key truck accident laws and statutes specific to North Carolina that could affect your truck accident case. If you need legal guidance, don’t hesitate to contact a trusted North Carolina truck accident lawyer at Yale Haymond Law PLLC.

1. Duty To Stop at Accident Scene (G.S. 20-166)

All motorists involved in an accident are required to stop at the scene and complete a few specific actions, according to North Carolina G.S. 20-166. 

Generally, any driver who knows or reasonably should know that the vehicle they were driving was involved in an accident must stop at the scene. They must then remain at the scene until law enforcement has completed an investigation, unless doing so puts them at risk of injury. 

Additionally, the driver must give their name, address, license number, and license plate number to any parties involved in the accident and provide reasonable assistance to anyone injured, including calling for medical assistance if necessary. 

Violating this law can result in a misdemeanor or felony charge, depending on the accident’s severity. 

2. Accident Reporting Requirements (G.S. 20-166.1)

Along with stopping at an accident scene, drivers involved in crashes must report the crash through the appropriate means. Under G.S. 20-166.1:

• The driver of a vehicle involved in a reportable accident must notify the appropriate law enforcement agency by the quickest means of communication. 
• The driver of a vehicle that collides with a parked vehicle must report the collision to the owner either orally or in writing within 48 hours of the accident. If providing a written report to a driver who is not present, the report must be sent through certified mail.  
• When requested to do so by the Division, a party involved in a reportable accident must provide proof of insurance. 

While drivers are required to report accidents, law enforcement agencies are also required to investigate reportable accidents. 

3. Reckless Driving (G.S. 20-140)

North Carolina G.S. 20-140 describes reckless driving as entering any public vehicular area “carelessly and heedlessly” in a way that disregards the safety or rights of others. It also describes the act as entering a public roadway “without due caution and circumspection” and in a way that might endanger someone or something. 

The law provides further context for truck drivers. It specifically denotes that a person driving a commercial motor vehicle that falls under the permit requirements of G.S. 20-119 who meets the definition of reckless driving would be guilty of a Class 2 misdemeanor. This charge carries a maximum penalty of 60 days in jail and $1,000 in fines. 

4. Speed Restrictions (G.S. 20-141)

North Carolina G.S. 20-141 requires anyone driving a vehicle on a public roadway to maintain speeds that are reasonable and prudent under the present conditions.

This statute includes provisions specifically for those driving commercial motor vehicles carrying a load that falls under the permit guidelines G.S. 20-119, such as a semi-truck driver. These drivers would be guilty of a Class 2 misdemeanor if they traveled at a speed of 15 miles per hour or more above either the posted speed or the restricted speed of the permit that applies to the vehicle. 

5. Following Too Closely (G.S. 20-152)

NC truck accident statutes also prohibit following a vehicle too closely, which is a common cause of truck crashes. While G.S. 20-152 does not dictate an exact following distance, it states that vehicles should leave sufficient space so that an overtaking vehicle may enter that space without danger. This law does not apply to non-leading commercial vehicles traveling in a platoon. 

6. Traffic Signals and Signs Compliance (G.S. 20-158)

To thoroughly understand commercial truck laws, you should also know laws pertaining to traffic signals. Under G.S. 20-158, it is unlawful for a driver to fail to stop at a stop sign and yield the right-of-way to vehicles at the intersection that do not have a stop sign. This statute also dictates driver behavior at traffic lights.

The law specifies that failing to stop under the provisions of this statute shall not be considered negligence in itself, but the facts relating to the failure to stop might be considered along with other details of the accident to determine negligence or contributory negligence. In other words, failure to stop is not always enough to prove truck accident liability in NC. 

7. Commercial Driver Licensing (G.S. 20-37.10 et seq.)

Some of the pertinent NC truck accident statutes to understand in relation to an accident are those regulating commercial driver licensing. Under G.S. 20-37.10 through 20-37.23 (Article 2C), also known as the Commercial Driver License Act, drivers must have a commercial driver’s license to operate a commercial motor vehicle on the highways of North Carolina.

Article 2C details the qualification standards for obtaining a CDL and the testing process. It also describes the different types of CDLs and the permissions they provide; for example, a Class A CDL only authorizes the holder to drive a Class A motor vehicle. 

If a truck driver is found to be in violation of this statute, they would face a Class 3 misdemeanor. 

8. Vehicle Size, Weight, and Load Regulations (G.S. 20-116)

Drivers of trucks and other oversized commercial vehicles must adhere to G.S. 20-116, which dictates the size, weight, and load requirements for vehicles. The North Carolina Department of Transportation Oversize/Overweight Permit Handbook also describes the policies surrounding vehicle size. 

If a vehicle exceeds the size limit of 102 inches wide and 14 feet tall, it must have the proper permit to be on a public roadway. If the truck driver responsible for an accident did not have the necessary size permit, they might face misdemeanor charges. 

9. Enforcement and Investigation (G.S. 20-376 et seq.)

G.S. 20-376 et seq., also known as Article 17, describes the powers of law enforcement to investigate accidents, including those involving commercial vehicles. The Department of Public Safety exercises general power and authority over motor carriers in the state as is necessary to carry out these statutes. 

10. Insurance and Liability (G.S. 20-309)

Under G.S. 20-309, all vehicles registered in North Carolina must have continuous liability insurance. Minimum coverage amounts are as follows:

• Bodily injury (per person): $30,000
• Bodily injury (person accident): $60,000
• Property damage (per accident): $25,000

11. Statute of Limitations

NC truck accident statutes also dictate the amount of time an accident victim has to file a civil lawsuit. North Carolina’s statute of limitations for vehicle accidents is generally three years from the accident date, though some exceptions apply. 

12. Contributory Negligence Doctrine

North Carolina is one of only a few states to follow a contributory negligence doctrine. Under this doctrine, a plaintiff seeking damages in a personal injury case may lose their right to recover damages if they contributed to the accident in any way.