Understanding Liability in Truck Accidents

When truck accidents happen anywhere in the state of North Carolina, determining liability is the first step in securing justice for those who are injured. A careful review of the circumstances leading up to the accident, and of the roles played by all parties involved, is essential to establishing fault. Our North Carolina truck accident lawyers examine the state’s traffic laws, interview witnesses, review dashcam footage (if available), and analyze vehicle damage patterns to build a strong case on their client’s behalf.

Truck accidents are often more complex than two-car collisions due to the number of potentially responsible parties—not just the drivers and passengers. In North Carolina, liability may be shared among several individuals and entities, making it essential to identify all contributing factors of an accident.

• Truck Driver: In many cases, liability falls on the truck driver, typically due to negligence such as distracted driving, fatigue, speeding, or failure to follow safety regulations.
• Trucking Company: The company that owns or operates the truck has a duty to hire qualified, properly trained drivers and to make sure their fleet is routinely inspected and well maintained.
• Truck Manufacturers: If the accident was caused by a mechanical failure, such as faulty brakes or a tire blowout, liability may lie with the manufacturer.
• Truck Loaders: Trucks must be properly loaded and secured to prevent cargo from shifting, falling, or causing imbalance. Loading improperly or exceeding weight limits can lead to serious accidents.
• Other Third Parties: Liability can lie with additional third parties, including mechanics who improperly repaired or maintained the truck. If hazardous conditions contributed to the crash, government contractors responsible for road maintenance may also be held responsible.

Truck drivers who are tired make poor decisions and have slower reaction times. For these reasons, drivers of commercial vehicles must follow strict regulations to help prevent accidents and injuries. For example, a carrier company cannot allow a driver to work more than 10 hours after taking only 8 hours off duty. If a driver has been on duty for 15 hours with only an 8-hour break, they are not permitted to transport passengers.

There are also limits on how many hours a driver can be on duty over time. Drivers may not exceed 70 on-duty hours over any 8 consecutive days. If the company doesn’t operate every day, the limit drops to 60 hours over 7 consecutive days.

If a driver exceeds these limits and someone is injured as a result, the driver and the carrier company may be held liable for violating Federal Motor Carrier Safety Administration (FMCSA) regulations.

Fault in a truck accident is determined through a thorough investigation conducted by an experienced North Carolina truck accident lawyer. This includes reviewing evidence such as police reports, witness statements, vehicle damage, and traffic laws.

An accident is considered “at-fault” when it’s determined that a driver’s negligence, such as speeding, distracted driving, or violating safety regulations, caused the collision.

North Carolina follows an at-fault system, but it’s also one of the few states that adheres to the contributory negligence rule rather than comparative negligence.

• Contributory Negligence: Under this rule, the injured party cannot recover compensation if they are found even 1% at fault for the accident.
• Comparative Negligence: This rule allows the injured party to recover compensation even if they are partially at fault, with the amount reduced by their percentage of fault.

Because contributory negligence can completely bar recovery, defendants often try to argue that the injured party shares some blame, such as by speeding, being distracted, or otherwise acting negligently at the time of the accident. Don’t let this tactic prevent you from getting the compensation you deserve. Work with an NC truck accident lawyer to help you establish your case and push back against unfair claims of shared fault.

A North Carolina truck accident lawyer will conduct a comprehensive review to determine liability. This often begins with a close analysis of the police report, which may include a preliminary assessment of who was at fault. Attorneys may also interview witnesses and consult accident reconstruction experts who can evaluate the crash dynamics to understand how the accident occurred.

Driver logs from the trucking company can reveal hours-of-service violations, while maintenance records may show whether the company followed proper inspection and service schedules. If the truck has a black box (electronic data recorder), that data can also be analyzed to help identify the cause of the accident.

If you were injured because a truck driver was fatigued, distracted, or otherwise acted with negligence, you have the right to file a lawsuit and seek compensation for the pain and suffering you’ve endured. Our North Carolina truck accident lawyers understand the importance of holding freight companies accountable and ensuring unsafe driving behaviors are not allowed to continue.

If you believe your accident was caused by someone who broke the law or violated safety regulations, contact the lawyers at Miller Law Group for a free consultation. You may be entitled to pursue compensation not only from the driver, but also from their employer.