Liability in a truck accident is determined by investigating factors such as driver negligence, trucking company violations, vehicle maintenance records, or any applicable federal and state regulations.
Truck accidents are a very serious type of collision that drivers face on the road. Unfortunately, these crashes often result in major injuries and serious damage that is sometimes irreversible.
However, if you were in a collision and you need help proving liability in your case, a Charlotte truck accident lawyer has the answers. The sooner you contact an attorney, the sooner your legal counsel can help you.
The Parties Who Might Be Considered When Determining Liability in a Truck Crash
In a truck accident, several parties could be held liable. Liability might rest with one party or multiple parties depending on the circumstances of the crash.
The following parties are the main groups of people who are taken into consideration when determining liability in a truck collision.
Truck Driver
Truck drivers have a duty to operate their vehicles safely while following both federal and state regulations. If a driver’s reckless or negligent behavior contributed to the accident, they could be held liable for the resulting damages.
- Driver negligence: The truck driver is often the first person who comes to mind when thinking about liability in a truck accident. If the driver’s actions caused the crash through negligence or recklessness—such as speeding, driving under the influence of alcohol or drugs, operating a vehicle while distracted, or failing to obey traffic laws—the driver may be held liable for the accident.
- Driver fatigue: Truck drivers are subject to strict hours-of-service regulations set by the Federal Motor Carrier Safety Administration (FMCSA). If a truck driver was operating the vehicle beyond the legal limits for driving hours, they may be considered liable for the accident if fatigue played a role in the crash.
Trucking Company
Trucking companies have a responsibility to hire qualified drivers, properly maintain their vehicles, and ensure their operations comply with industry regulations. If a trucking company’s negligence played a role in the accident, they could also be held accountable.
- Vicarious liability: In many cases, trucking companies are held liable for the actions of their drivers under the legal principle of vicarious liability. This means that if the truck driver was acting within the scope of their employment when the accident occurred—such as driving to or from a delivery—the trucking company may also be liable.
- Negligent hiring or training: If the trucking company was negligent in hiring, training, or supervising the driver who was involved in the collision, the company might be found directly liable.
- Failure to maintain vehicles: Trucking companies are responsible for maintaining their vehicles and making sure they are in safe working order. If the company failed to perform necessary maintenance or ignored safety issues with the truck that contributed to the accident, they could be liable for damages.
Truck Manufacturer
Sometimes, an accident isn’t caused by driver error but rather by a mechanical failure. If a truck or one of its parts was defective, the manufacturers of the truck and the designers of that part could be held responsible for the crash.
- Defective parts: Sometimes, a truck accident occurs due to a mechanical failure or malfunction, such as faulty brakes, tire blowouts, or engine issues. In these instances, the manufacturer of the defective truck part could be held liable.
- Product liability: If the accident occurred due to a defect in the truck’s design, production, or marketing processes, the manufacturer could be held liable under product liability laws. This could involve issues such as defective steering components, faulty brakes, or the improper labeling of dangerous aspects of the vehicle.
Third-Party Contractors
Many trucking companies rely on outside contractors for maintaining vehicles, loading cargo, and performing other tasks. If a third-party contractor’s negligence contributed to the crash, they could also be held liable.
- Maintenance companies: In some cases, trucking companies hire third-party maintenance companies to handle vehicle repairs and inspections. If a maintenance company failed to properly inspect or repair a vehicle when needed—and if their negligence contributed to the accident—the maintenance company could be held liable for the crash.
- Cargo loading companies: Truck drivers and trucking companies alike rely on third-party companies to load cargo onto trucks. If the cargo is improperly loaded or secured, it can shift during transit, causing the driver to lose control or the truck to tip over. In cases like these, the company responsible for loading the cargo may be responsible for the crash.
Other Drivers
In some cases, other drivers on the road may also share some of the liability in a truck accident. Liability can be divided among multiple parties based on their degree of fault in the accident.
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Factors That Affect Liability in a Truck Accident
Several key factors can impact how liability is determined in a truck accident case, including evidence from the scene, truck driver logs, black box data, and road conditions.
Your truck accident attorney in Charlotte will consider these details when looking into who is liable for the collision.
How Liability Is Assigned in North Carolina
North Carolina follows a contributory negligence system. This means that if a party is found to be even 1% at fault for the accident, they may be barred from recovering compensation.
With this system in place, the process of recovering compensation for the damages you sustained as an injured party can become even more difficult. However, it also places a strong emphasis on the importance of proving liability.
In truck accident cases, North Carolina law assigns a percentage of fault to each party involved. However, under the contributory negligence rule, if you are found to be at fault to any degree, you may be prevented from recovering compensation.
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Call Now to Learn How a Charlotte Truck Accident Law Firm Can Help You Determine Liability
If you were involved in a collision with a truck, don’t hesitate to call Your North Carolina Law Firm™. At DeMayo Law Offices, we offer free consultations because we believe in People Over Profits™.
As a result, you won’t owe us anything upfront. We want you to focus on healing from your injuries and recovering from the damages you sustained—not stressing about how you’ll afford legal fees.
Since 1992, we have recovered more than $1 billion in compensation for our clients. Let us protect you from the predatory practices of insurers by representing you as your Charlotte truck accident attorney.
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