Who Is Liable in a North Carolina Truck Accident?
Semi-truck crashes often leave people with severe injuries and lingering questions about what happened. Victims may face a long recovery while dealing with medical bills, missed work, and other unexpected expenses. One of the first questions they may have is, “Who is responsible?”
The short answer is that several people and businesses may be liable in a North Carolina truck accident. A truck driver may have made a dangerous decision behind the wheel, or a trucking company may have failed to maintain its vehicles or follow safety rules. In other cases, a cargo loading company or maintenance provider may have contributed to the crash.
At Mogy Law, we help injured people throughout North Carolina. Our Raleigh truck accident lawyers gather evidence and work to identify everyone who may be responsible. We also push back when adjusters try to undervalue a claim.
Who May Be Responsible for a Truck Crash
A commercial truck on the road reflects the work of many people and businesses: the driver behind the wheel, the company that hired them, the crew that loaded the trailer, the shop that serviced the brakes, and the manufacturer that built the parts. Any one of them could be liable in a North Carolina truck accident if their carelessness helped cause the crash.
The Truck Driver
Truck drivers must operate their vehicles safely and follow traffic laws. When a driver’s careless or reckless actions cause a crash, they may be held legally responsible.
Common examples include speeding, distracted driving, driving while fatigued, following other vehicles too closely, and making unsafe lane changes. A driver may also cause a collision by failing to check blind spots.
The Trucking Company
In many cases, a truck company can be liable when one of its drivers caused the wreck. Under North Carolina law, employers are generally responsible for employees’ careless acts while doing their jobs.
Trucking companies can also be responsible for their own failures. Examples include hiring drivers with poor safety records, failing to train drivers properly, skipping required drug and alcohol testing, and pushing drivers to meet delivery deadlines that can only be met by breaking safety rules.
Cargo Loaders
How a truck is loaded matters. Cargo that is too heavy, unevenly balanced, or poorly secured can shift during a turn, cause the truck to tip over, or fall onto the road. The company or crew that loaded the trailer may not work for the trucking company. When a loading mistake causes a wreck, the shipper or loading company could be held responsible.
Maintenance or Repair Shops
Trucks need regular inspections and repairs to stay safe. Worn brakes, bald tires, broken lights, and faulty steering can all lead to serious crashes. Many trucking companies hire outside shops to handle this work. If a mechanic did a poor repair job or missed an obvious problem, the repair shop may be liable in a North Carolina truck accident.
Truck or Parts Manufacturers
Sometimes a crash happens because something on the truck was defective from the start. Faulty brakes, tires that blow out, defective steering parts, and weak underride guards are just a few examples. When a dangerous product causes an accident, the company that designed or made it may be held responsible.
Other Motorists
Not every truck accident starts with the truck. A passenger car driver who cuts in front of a semi, stops suddenly in traffic, or swerves into its lane can force the truck driver into a dangerous situation. This can lead to jackknifes and multi-vehicle pileups. When another motorist’s careless driving sets off the chain of events, that driver may be liable in a North Carolina truck accident.
Why Finding Everyone Who Is Liable Matters
Truck accident injuries are often severe. Victims may face surgeries, long hospital stays, months of lost income, and lifelong medical needs. Federal law requires most commercial trucking companies to carry at least $750,000 in liability insurance, and more for trucks hauling hazardous materials. Even so, the full cost of a serious injury can exceed one policy’s limits.
Identifying everyone who may be liable in a North Carolina truck accident can open the door to additional insurance coverage. This gives injured people a better chance of recovering the full compensation they need.
Our Raleigh Truck Accident Lawyers Build a Case With Evidence
Proving who is liable in a North Carolina truck accident takes strong evidence, and some of the most important evidence is in the hands of the trucking company. Some records only have to be kept for a limited time, so acting quickly is important.
Our Raleigh truck accident lawyers can send letters demanding that companies preserve key evidence, and we work to gather everything that helps show what really happened.
Evidence in a truck accident case may include:
- Police crash reports
- Electronic logging device (ELD) records for driving hours
- Black box data for the truck’s speed, braking, and other information
- Dashcam and surveillance video from the truck, other vehicles, or nearby businesses
- Photos and videos of the scene, including vehicle damage, skid marks, and road conditions
- Witness statements
- The truck driver’s qualification file
- Drug and alcohol test results
- Maintenance and inspection records for the truck and trailer
- Cargo and shipping documents, such as bills of lading and weight tickets
- Cell phone records that may show whether the driver was texting or on a call
When needed, we may also work with accident reconstruction experts, engineers, and medical professionals to explain how the crash happened and how it has affected your life.
Violations of FMCSA Rules Can Help Prove Fault
The Federal Motor Carrier Safety Administration (FMCSA) sets safety rules for commercial trucks and the companies that operate them. When a driver or trucking company breaks one of these rules, the violation can be strong evidence.
Some of the most important FMCSA rules cover:
- Hours of service:Â Drivers hauling freight can usually drive no more than 11 hours after 10 consecutive hours off duty. They also must take breaks during long shifts. These limits are meant to keep exhausted drivers off the road.
- Drug and alcohol testing:Â Commercial drivers face strict testing rules, and the legal blood alcohol limit for a driver operating a commercial vehicle is 0.04 percent, half the limit for most other drivers.
- Phone use: Truck drivers are banned from texting and from using handheld phones while driving.
- Cargo securement:Â Federal rules explain how different kinds of cargo must be tied down and secured.
- Inspection and maintenance: Trucking companies must regularly inspect, repair, and maintain their vehicles and keep records of that work.
- Driver qualifications: Truck companies must make sure drivers are properly licensed, medically fit, and trained to operate their trucks.
Logbooks, inspection reports, and company records can reveal rule violations that point directly to who is liable in a North Carolina truck accident.
What to Do After a Truck Collision in Raleigh
The steps you take after a truck accident can protect both your health and your claim. Call 911 and get medical care right away, even if you feel okay. Some serious injuries, such as brain injuries and internal bleeding, may not cause symptoms at first. Seeing a doctor promptly also creates a record linking your injuries to the crash.
If you are able, take photos of the vehicles, the scene, your injuries, and any road or weather conditions. Write down the truck’s company name, the USDOT number printed on the cab, and the license plate. Get contact information from witnesses, since their accounts can be very helpful later.
Contact a truck accident lawyer as soon as possible so your attorney can preserve evidence. Be careful when talking to insurance companies. The trucking company’s insurer may call quickly and ask for a recorded statement. Its goal is to protect the company, not you. You do not have to give a statement, and it is wise to talk to a lawyer first.
The Deadline for a Truck Accident Lawsuit in North Carolina
North Carolina sets a deadline, called the statute of limitations, for filing a lawsuit. In most cases, you have three years from the crash to file a personal injury lawsuit. If a loved one died in the truck accident, a wrongful death lawsuit generally must be filed within two years of the date of death. Cases involving government vehicles or agencies can have different rules and notice requirements.
If you miss the deadline, you may lose your right to seek compensation entirely. Even three years can pass quickly, especially when you are focused on healing. Building a strong case takes time, so it is best to get legal help early.
Contact Mogy Law Today for a Free Case Evaluation
Figuring out who is liable in a North Carolina truck accident can be complicated, and trucking companies often have teams of lawyers working to protect them from the moment a crash happens. You deserve someone on your side, too.
Our Raleigh truck accident lawyers at Mogy Law investigate what happened and fight for the compensation you need to move forward. You pay no attorneys’ fees unless we win your case.
Contact us today for a free consultation. Call (901) 443-9133 or complete our online form to get started.
