Trucking accidents in North Carolina involve some of the most devastating collisions possible on our highways. Such incidents often lead to serious injuries that can cause major disruptions in people’s lives. However, the victims of trucking accidents are not always aware of the legal rights and remedies available to them. This article aims to provide an overview of the trucking accident laws in North Carolina.
Table of Contents
Liability in Trucking Accidents
Trucking accidents can be caused by several factors, including driver error, mechanical failures, and inclement weather conditions. When a trucking accident occurs, it is necessary to determine who is liable for the damages resulting from the collision. The responsibility in trucking accidents could be attributed to one or more of the following parties:
1. Truck Driver
The truck driver is typically the first party looked at in any trucking accident. If the accident was caused by driver error such as fatigue, speeding, improper loading, or intoxication, the truck driver was likely the one at fault.
2. Trucking Company
Trucking companies are also held liable for trucking accidents due to their responsibility to hire and train safe drivers, maintain safe trucks, and ensure drivers don’t break the law.
3. Truck Manufacturer
In case of mechanical failures, the truck manufacturer may be liable for the accident, especially if the truck or its components were designed, produced, or maintained in a manner that made them prone to failure.
4. Other Parties
Other parties such as maintenance or repair companies that service the truck can also be held liable for accidents caused by maintenance failures and defective parts.
Statute of Limitations for Trucking Accidents
In North Carolina, there is a statute of limitations for filing a claim for a truck accident. The statute of limitations stipulates that victims of trucking accidents have to file a lawsuit within three years of the date of the accident. Failure to do so bars the victim from recovering any damages from the parties responsible for the accident.
The statute of limitation can be tolled in some cases, such as when the victim is a minor or when the liable party attempts to conceal evidence or flee from the state.
Damages in Trucking Accidents
Victims of trucking accidents can recover damages to compensate for the injuries and losses they suffered as a result of the collision. Damages recoverable in a trucking accident lawsuit may include:
1. Medical Expenses
Trucking accidents can cause serious injuries that require extensive medical treatment. A victim can recover damages for past and future medical expenses resulting from the trucking accident.
2. Lost Wages
Victims of trucking accidents often miss work while they recover from their injuries. Damages can be recovered for past and future lost wages, including loss of earning capacity if the victim cannot return to work or cannot perform work as they did before the accident.
3. Pain and Suffering
Trucking accidents can cause serious physical and emotional distress, which can lead to significant pain and suffering. A victim can recover damages for their pain and suffering resulting from the accident.
4. Property Damage
Trucking accidents can also lead to significant damages to the victim’s vehicle or other property. A victim can recover damages for the property damage resulting from the accident.
Conclusion
Trucking accidents in North Carolina are devastating and can lead to serious injuries and financial losses. Victims of trucking accidents need to understand their legal rights and the remedies available to them. Our law firm can help trucking accident victims seek compensation for their injuries and losses. If you or a loved one has been involved in a trucking accident, contact us today for legal advice and guidance.