Who Can I Hold Liable After a Commercial Truck Accident in North Carolina?
Being entered into a commercial truck accident can be confusing, painful, and financially stressful. In many cases, multiple parties are involved in truck accidents, making it difficult to know who was at fault and responsible for paying the victim's damages. If you or your loved one have been seriously injured in a commercial truck accident in North Carolina, you will benefit from discussing your case with an experienced attorney.
The attorneys at Arnold & Smith, PLLC, can evaluate your case and help you understand your legal rights and options. After reviewing the facts in your case, we will determine which party or parties are liable for your injuries, which could include one or more of the following.
Truck DriverNegligent truck drivers are among the leading causes of commercial truck accidents. Truck accidents are more likely when a truck driver engages in a negligent or reckless action while driving. Negligent driving is dangerous for anyone on the road, but when drivers of heavy trucks are negligent, they can cause devastating accidents resulting in severe injuries or death. For example, when a massive commercial truck veers into another lane, it can cause a multi-vehicle collision on the highway.
Truck drivers are under enormous pressure to complete jobs quickly and may be tempted to violate safety regulations by driving while fatigued or under the influence of drugs or alcohol. Some of the most common types of negligence truck drivers engage in include the following:
- Distracted driving
- Driver fatigue
- Drug or alcohol impairment
- Speeding
- Medical problems
- Ignoring traffic signals or signs
- Violating hours and service rules
- Reckless driving
Trucking companies can sometimes be held responsible for the actions of their negligent employees. When a negligent driver causes an accident when engaging in job-related activities, such as driving, the victim can pursue a civil lawsuit against the trucking company. Trucking companies are legally obligated to hire qualified truck drivers with the skills and experience necessary to drive a large commercial semi-truck for long hauls. Conducting background checks on drivers to find out if they have a history of driving Under the Influence violations or a poor driving record is an important part of hiring responsibly.
Victims can also hold trucking companies responsible for accidents caused by poor maintenance of the truck. Trucking companies are legally obligated to perform routine inspections on commercial vehicles to ensure they are safe on the roadway. An experienced truck accident attorney can review the maintenance logs of the truck involved in the accident to determine whether mechanical failure may have contributed to the accident. Other examples of situations in which the victim may be able to hold the trucking company liable include situations in which the trucking company:
- Fails to train drivers properly
- Does not hire qualified drivers
- Fails to test truck drivers for drugs or alcohol
- Hires divers with DUIs or poor driving records
- Forces drivers to violate hours of service rule by making unrealistic
Defective vehicle parts that result in vehicle failure and accidents can include brake failure, defective lighting, tire blowouts, transmission failure, and steering system failure. If the truck accident that caused your injury involved defective automobile parts, you might be entitled to compensation by pursuing a lawsuit against the vehicle and part manufacturer. An experienced attorney can check and see if your vehicle had a defective part that was subject to a recall.
Cargo Loading CompanyCommercial trucking companies frequently outsourced cargo loading duties to other companies. Companies in charge of loading commercial trucks are responsible for loading the cargo properly and securely. When the cargo is not loaded evenly or is not secured, it can fall out of the back of the truck or shift while in motion. This type of negligence can lead to a truck tipping over negligent cargo loading can cause an accident.
Discuss Your Case with a Skilled Charlotte Personal Injury AttorneyIf you have been injured in a commercial truck accident, it is crucial that you understand your rights and legal options. Trucking companies and insurance companies frequently have numerous attorneys ready to fight against victims recovering compensation. The attorneys at Arnold & Smith, PLLC, have a proven track record of recovering millions in compensation for auto accident victims. When you work with us, we will level the playing field. Contact Arnold & Smith, PLLC, today to schedule a complimentary, no-obligation consultation.