Truck accidents are serious and often catastrophic collisions where smaller cars and their occupants can sustain major damage. Holding trucking companies liable, or legally responsible, for accidents is integral in maintaining the safety of the trucking industry. Knowing when a truck company can be held liable can help you understand your legal rights if you get hurt in a North Carolina trucking accident. Contact our Wilmington truck accident lawyers at Shipman & Wright to seek compensation today. Call (910) 762-1990.
North Carolina’s Liability Laws
Understanding who can be held liable for a trucking accident starts with recognizing North Carolina’s laws when it comes to responsibility for motor vehicle accidents and the damage that they cause. North Carolina is an “at-fault” state, meaning the party that causes the crash can be held liable. To recover financial compensation from another party’s insurance provider, the injured victim must prove fault.
How Is Fault Determined in a Trucking Accident Case in Wilmington, NC?
Most truck accident claims are based on the legal theory of negligence. If someone is negligent in relation to a crash, it means he or she did not act with an appropriate amount of care. Trucking companies and their employees, including truck drivers and cargo loaders, can be guilty of many examples of negligence that cause collisions, such as:
- Violated federal trucking laws (FMCSA)
- Inadequate truck driver training
- Lack of proper truck maintenance and upkeep
- Distracted driving
- Driving under the influence
- Speeding
- Following too closely
- Breaking traffic laws
- Improper cargo loading or securement
Proving a truck accident claim in Wilmington, NC takes demonstrating negligence using evidence. The victim must show that the defendant or accused party breached or violated a duty of care, and that this is what caused the trucking accident. Evidence to support a claim may include photographs, witness statements, trucking company records, the truck’s black box and a police report.
When Can a Wilmington Trucking Company Be Held Liable?
Trucking companies are subject to the same laws as other employers in the United States. Under the rule of vicarious liability, employers can be held responsible for the actions, mistakes and negligence of their on-duty employees. Under federal law, vicarious liability can apply to a trucking accident case even if the truck driver is classified as an independent contractor rather than an employee.
Trucking companies can be held liable for most accidents involving their trucks and drivers. However, the victim must prove liability by establishing that the trucking company or one of its employees was negligent; for example, proof that the accident would not have happened had the trucking company obeyed federal safety laws.
It is also possible to hold a trucking company directly responsible for its own negligence in relation to a truck accident. Negligent truck driver hiring, training or supervision, for example, could place liability for a wreck with the company. Other examples include a lack of proper truck maintenance, failing to inspect or repair the truck properly, and encouraging drivers to break federal laws.
If you have been hit by a negligent truck driver, contact our Wilmington car accident lawyers to discuss your legal options today.
How to Prove a Case Against a Trucking Company in Wilmington, NC
Proving a claim against a trucking company can be difficult after a truck crash in North Carolina. In the aftermath of a harmful truck accident, protect yourself and your future by hiring our Wilmington truck accident attorney at Shipman & Wright. An attorney can help you navigate complex issues of liability in relation to your claim, including vicarious liability, and collect evidence to prove your case. Our truck accident lawyer in Wilmington, NC will help you hold a trucking company or another party liable while you focus on healing from your injuries. Contact us to schedule your free consultation today.