Common Causes of Charlotte Truck Accidents
A trucker’s job and livelihood depend on his or her driving record, so most do everything they can to stay safe on the road. But some truck drivers face pressures that the average commuter does not.
Employers may offer incentives for them to make early deliveries. Alternatively, they may penalize drivers for delivering late freight.
These unfair demands should not change the way they drive, but the sad reality is that truck drivers sometimes give in. When their poor choices cause an accident, they can — and should — be held accountable for their negligence. So should their employers.
Common causes of truck accidents include:
- Distracted driving
- Drowsy driving
- Speeding
- Mechanical failures
- Aggressive driving
- Poor maintenance
- Improperly loaded or loose cargo
- Undertrained or unlicensed drivers
- Following too closely
- Failure to merge properly
- Driving under the influence of drugs or alcohol
- Failure to yield
Injuries Caused by Trucking Accidents in North Carolina
Crashes involving commercial trucks are more likely to be deadly than regular crashes. They can also cause particularly devastating injuries, such as:
- Traumatic brain injury (TBI)
- Spinal cord injuries/paralysis
- Broken bones
- Internal organ damage
- Neck injuries
- Facial injuries
- Burns
- Amputation
These catastrophic injuries typically mean that victims may face years of ongoing medical treatment, rehabilitation, and permanent disability. Victims may need to pay for modifications to their homes to accommodate medical equipment like wheelchairs. The lifetime costs of truck accident injuries can easily reach into the millions. Because the stakes are so high, working with a knowledgeable commercial truck accident lawyer at Stewart Law Offices can help protect your rights to compensation.
Truck Accident Liability in North Carolina
Truck accidents are complicated because numerous different parties might be held liable at the same time. These include:
- Truck drivers
- Truck companies
- The truck or trailer’s owner(s)
- The cargo owner
- Mechanics
- The truck manufacturer
- Parts manufacturers
- Government entities
- Other drivers (e.g., a multi-vehicle wreck)
Commercial truck operations are governed by both state and federal laws. These regulations are stricter than the rules for other drivers because trucks are simply more dangerous if operated negligently.
For example, trucking companies must comply with weight and load restrictions, submit to vehicle inspections, and carry mandatory minimum insurance to cover injuries and damages.
Additionally, truck drivers in North Carolina must:
- Be at least 18 if only driving in-state or 21 if driving out-of-state
- Work no more than a certain number of hours in a row
- Adhere to minimum rest requirements
- Get biannual medical exams
- Have a commercial driver’s license with specific endorsements according to the class of vehicle
- Be charged with a DWI if their blood alcohol concentration is 0.04 or greater
- Submit to drug and alcohol testing
Failure to follow these rules or others set forth by the Federal Motor Carrier Safety Administration (FMCSA) could result in a lawsuit against the trucker if an accident occurs.
The truck driver’s employer could also be held liable in certain circumstances, including:
If the employee was unfit to drive and the employer knew about it (e.g., if they were inadequately trained, lacked the appropriate license, or were on medication that could impair their driving)
If the truck driver was partially at fault for the crash and was doing his/her job or “on the clock” at the time of the accident
If the company was negligent in its hiring or retention practices
If the employer failed to perform the required background checks
Determining fault will be critical in order to recover compensation in your truck accident claim. These complex cases can be challenging and require a focused investigation. Our seasoned attorneys will work to identify who should be held liable and will demand compensation from all negligent parties.
How to Prove Fault in a Charlotte, NC Truck Accident Case
In order to receive compensation after a truck accident, you must be able to prove that someone else’s negligence resulted in your injuries.
If you’re not too injured, you can readily collect some important information while you’re at the accident scene. Examples include:
- Photos of the accident (including vehicle damage, skid marks, road signs, or other pertinent evidence)
- The truck driver’s name, employer, and insurance information
- Eyewitness contact information
Other important pieces of evidence will likely not be accessible to you. However, an experienced Charlotte truck accident attorney will also be able to obtain and preserve data from sources such as the truck’s computer, maintenance logs, or driving logs.
These may strengthen your liability argument by providing details about the crash, such as:
- The truck’s speed at the time of the crash
- The truck’s route
- How long the driver had been on the road and whether they exceeded federal hours-of-service regulations
- Correspondence between the trucker and their employer
- Maintenance issues
Charlotte Truck Accident Settlements
Considering how severe truck accidents can be, settlements and trial verdicts have the potential to be substantial. These awards provide compensation that can be critical to helping you recover from the crash.
In Charlotte, North Carolina you may be compensated for:
- Past, current, and future medical expenses
- Emotional trauma, such as the loss of enjoyment of life
- Pain and suffering
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Lost companionship
- Punitive damages
- Wrongful death compensation
The best way to know what types of damages you may be entitled to is by contacting a truck accident lawyer as soon as possible.
N.C. Truck Accident Lawsuit Process
The first step in a truck accident case is to file a claim against the at-fault party(s). If they refuse to agree to a reasonable settlement, then you may need to file a lawsuit to get fair compensation.
Because truck accident lawsuits are so complicated, people usually hire an accomplished attorney to handle these cases.
At Stewart Law Offices, we’ll take care of all aspects of the lawsuit process for you. We’ll file the suit with the court, negotiate a trial date, gather all necessary evidence to properly fight for you, and help ensure that all required forms are submitted on time. Our goal is to make the legal process as successful and stress-free as possible for you.