Who Can I Hold Liable for a Truck Accident in North Carolina?
Dealing with the aftermath of a truck accident can be confusing, especially if you are seriously injured. Victims of a truck accident in North Carolina may be able to hold the person or company responsible for the accident responsible for their financial damages. In some truck accidents, more than one party is at fault and liable for the victim's injuries. For this reason, it is crucial that you speak to an experienced truck accident attorney in North Carolina who understands the commercial trucking and insurance industries.
The attorneys at Arnold & Smith, PLLC, have extensive experience negotiating with insurance companies. Several of our attorneys have worked for insurance companies previously, so we know the tactics insurance companies use to avoid paying fair compensation to victims. When you work with us, you can rest assured that we will level the playing field between you, the trucking company, and their insurance provider. After thoroughly investigating the accident, we will identify which party or parties are at fault. Multiple parties could be financially responsible for your injuries.The Truck Driver
Truck drivers are among the leading causes of truck accidents in North Carolina and the United States. Many truck drivers do not follow federal and state regulations to keep others safe on the road. For example, truck drivers are required to take a certain amount of brakes to rest in between driving. Drivers may lie and say they have rested, drive while fatigued, and collide with another passenger vehicle on the road after swerving into his lane. In that case, the truck driver would be at fault for the injuries the victim suffered. Some of the most common ways truck drivers can cause accidents include the following:
- Distracted driving
- Driver fatigue
- Drug or alcohol impairment
- Ignoring traffic signals or signs
- Reckless driving
- Medical problems
- Violating hours of service rules
We will review the data from the black box event recorder in the truck to determine whether the truck driver was speeding, failed to break in time to stop an accident, or engaged in other negligent activity.Trucking Company
As a victim, you may be able to hold the trucking company liable for the actions of the truck driver they employed. For example, if the trucking company negligently hired the truck driver who caused your accident, you may be able to hold the trucking company responsible for negligent hiring. Suppose a truck driver had two DUIs on their record. The trucking company should have run a thorough background check and learned about the DUIs. The trucking company hired the trucker, and the trucker collided with another vehicle while drunk. In that case, the victim may be entitled to compensation from the trucking company.
Trucking companies can also be held liable for accidents caused by poor maintenance. Trucking companies must perform routine maintenance inspections on commercial vehicles to ensure they are reasonably safe for the roadways. When trucking companies cut corners and fail to keep trucks in working order by conducting routine maintenance and fixing problems, they can be held liable by victims.Vehicle and Part Manufacturers
Another common cause of truck accidents is defective parts that result in vehicle failure, such as:
- Steering system failure
- Brake failure
- Transmission failure
- Defective lighting
- Tire blowouts
Suppose a defective auto part caused the accident that resulted in your injuries. In that case, you may be able to pursue a product liability claim against the automotive parts or vehicle manufacturer to hold them liable for the accident.Loading Company
Commercial trucking companies often outsource their loading responsibilities to other companies responsible for ensuring the cargo is safely secured to the tractor-trailer. When the loading company does not load the cargo properly and secure it, the cargo may tip out of the back of the vehicle or shift when the truck is in motion, potentially causing the semi to flip over and injure other drivers and passengers.Contact an Experienced Personal Injury Attorney
If you have been injured in a North Carolina truck accident, you may be wondering how you will pay for all of your mounting medical expenses. The attorneys at Arnold & Smith, PLLC, have an in-depth understanding of the laws regulating trucking companies, their drivers, and tracking maintenance practices. We will use this knowledge and our experience negotiating with insurance companies to build your best case. Contact Arnold & Smith, PLLC, today to schedule a free case evaluation.