If you are involved in a truck accident, you should know that laws are involved, and you should call a lawyer immediately. Truck accidents are different than usual ones. Hence, things can get more complicated. It is best to have a lawyer who understands the laws involved, the reason for the truck accident, and the relationship between the entities involved: the truck, the driver, and the load. These factors will help determine whether you are entitled to a personal injury claim because of the truck accident.
Truck accidents in Charlotte, North Carolina often leave victims with injuries far more severe than those a typical car crash results in. The truck driver, the trucking company, and even a parts manufacturer can all share the blame for a Charlotte truck accident, depending on the cause. Because commercial trucks weigh so much more than passenger vehicles, determining fault often takes more digging than a standard car accident claim, from the driver’s actions to the trucking company’s safety practices and federal regulations.
Common Causes of Truck Accidents in North Carolina
Truck accidents in NC, usually stem from one of two sources: driver behavior or a problem with the truck itself.
Driver-Related Causes of Truck Accidents
The truck driver is the person most directly responsible for the safe operation of their vehicle, and their mistakes are among the most common causes of truck accidents. Truck driver negligence often takes the form of distracted or fatigued driving, violation of state or federal regulations, or failing to adhere to traffic safety laws.
Driver-related causes of truck accidents on North Carolina roadways include the following:
- Fatigue – A tired driver reacts more slowly and can drift out of a lane or miss warning signs.
- Distracted driving – A driver who glances at a phone can miss a stopped vehicle in seconds.
- Speeding – A loaded truck needs much more distance to stop, so extra speed increases the risk of a crash.
Truck Driver Errors
Usually, driving errors by truck drivers happen when they exceed the speed limit. Speed limits exist to minimize danger, driving too fast whether it be a truck or a car is dangerous to yourself as well as other drivers on the road. Another driving error is turning on a curve too fast. Riding on a curve too fast may end up losing control of the truck’s back wheels, hence, an accident. The other truck driver errors also include failing to monitor blind spots, which lead to collisions.
Truck Driver Fatigue
Fatigue usually causes drowsiness, and when a driver gets drowsy, they might fall asleep on the road and cause an accident.
The following actions are usually caused by fatigue or drowsiness:
- significantly impair the judgment of the truck driver
- lessen a driver’s ability to control the truck
- reduces stimuli to react when something is happening
- prevent the driver from making safe driving decisions
A driver who is overfatigue will likely fall asleep and cause an accident. He or she will also be inattentive and misjudge driving conditions.
Drug Use
It is no surprise that a drunk driver is not allowed on the road, which is the same case for a driver involved in drug addiction. There are federal regulations that require companies who are involved in trucks to test their drivers for alcohol and drug use. This should be done for employment purposes. There are also random alcohol or drug testing whenever drivers are on duty. If an accident happened, especially if it involves a fatality, alcohol and drug testing will be conducted to check if the truck driver is sober or not.
In that way, the victims will determine if they are entitled to compensation for personal injuries.
Truck Accident Causes Unrelated to Drivers
Not every truck accident is the consequence of a truck driver’s mistakes. In many cases, factors outside the driver’s control contribute to or even entirely cause an accident. These include defective truck components, poorly designed or repaired roadways.
Non-driver causes of large truck accidents include:
- Improper cargo loading – Unbalanced or unsecured loads can lead to stability issues or cause cargo to spill onto the roadway.
- Poor maintenance – Worn-out parts and unaddressed mechanical issues increase the risk of a collision.
- Defective truck parts – Inherently unsafe components can fail without warning, leading to a loss of control.
Tractor-Trailer Equipment Problems
One of the most common causes of the truck-trailer accident is mechanical failure. This might happen because of a defect in manufacturing or design errors. It might also be an equipment failure, whereas the driver forgot to check something before driving. Some manufacturing or design problems include:
- defective tires
- no backup warnings
- design failure
These can lead to crashes.
Another factor that leads to accidents is the failure to maintain equipment properly. Here are the common failures that often lead to mechanical problems are:
- removing or depowering the front brakes
- failure to maintain the brakes of the truck
- improper way of loading or securing the load or cargo (this may cause truck rollover)
- defective steering wheel
- failure to maintain tires
- wrong attachment of the trailer
Other Causes of Truck Accidents
It is important to note that it is not always about the driver or the equipment. It can be other factors like traffic signal failures, weather conditions, or faulty roads.
Who Can Be Held Liable After a North Carolina Truck Accident?
A truck accident is different from a car accident or a basic car-to-car collision. There are usually a lot of parties involved during a truck accident. These parties are all legally responsible for a victim’s injuries and other losses, which are called damages. They are:
- the truck driver
- the owner of truck or trailer
- the cargo loader
- the manufacturer of truck parts
- the contractor
Proving a truck accident is more complicated than a car accident. Hence, you should hire a lawyer that is an expert in this field. Multiple claims can usually be filed if there are a lot of parties involved. More than one party in the trucking industry can share the blame for a Charlotte semi-truck accident, which is why these cases can get complicated fast.
Truck Driver Liability
A driver who speeds, drives distracted, skips required rest breaks, or drives impaired can be held responsible for the crash.
Is the truck driver liable? It depends on the facts of the case. If the driver’s negligent behavior causes the accident or collision, you can sue the driver. You can also file a claim against the driver if he is distracted, speeding, or intoxicated. These are all against the laws. The truck driver might also be liable if the accident is caused by cargo or truck maintenance. It is the driver’s responsibility to check the cargo or the mechanical parts of the truck.
Trucking Company Liability
A trucking company can share the blame if it hires unqualified drivers, skips training, fails to supervise its staff, or ignores maintenance and federal safety rules, such as forcing drivers to work too many consecutive hours.
Some companies are trying to shield themselves from truck accidents and let the driver pay for everything. However, most driver’s insurance is not enough to cover the expenses of the victims; hence, lawyers seek ways to get claims from the companies and make them liable.
Cargo Loader and Maintenance Provider Liability
Whoever loads the truck or handles its upkeep can share the blame when cargo shifts or when a trailer carries too much weight. The manufacturer can be blamed when there has been too much time since the truck last had maintenance.
Manufacturer Liability
A parts manufacturer can be liable when a defective component, such as faulty brakes or a failing steering system, causes the truck to malfunction.
Why Truck Accident Cases Are More Complex Than Car Accident Claims
Truck accident cases in NC involve more moving parts than a standard car crash claim:
- Federal regulations – The Federal Motor Carrier Safety Administration sets rules for driver hours, electronic logging devices, and vehicle maintenance.
- Commercial insurance policies – Trucking companies carry large commercial policies backed by their own claims teams and lawyers.
- Multiple parties – A single truck collision incident in Charlotte can involve the driver, the trucking company, a cargo loader, and a parts manufacturer.
Proven Results for Truck Accident Victims
We have helped NC truck accident victims secure results such as:
- A $750,000 settlement in a tractor-trailer collision case
- A $687,000 verdict for a client who needed neck surgery after a truck crash
- A $600,000 settlement in a case involving a traumatic brain injury caused by a tractor-trailer collision
Past results do not guarantee a future outcome, but they show what a dedicated legal team can achieve for a client. View more Charlotte truck accident cases on our Case Results page.
Steps to Take After a Truck Accident in North Carolina
The actions you take after an accident with a big-rig truck can have a big impact on your ability to pursue fair compensation. Here’s what you can do to lay the groundwork for a strong injury claim:
- Take photos of the accident scene if you’re able to do so.
- Get the names of the truck driver and the trucking company, as well as insurance info and the truck’s DOT number.
- Seek medical attention promptly to have your injuries diagnosed and treated, even if you feel fine at first, since some injuries take time to show symptoms.
- Gather documentation of your medical bills, lost income, and property damage.
- Watch what you say to insurance adjusters, and avoid posting about the crash on social media until you have spoken with an attorney.
- Contact an experienced truck accident lawyer and request a free consultation.
Talk to a Charlotte Truck Accident Lawyer Today
If you or someone you love got hurt in a Charlotte truck accident, you do not have to face the insurance companies alone. Schwaba Law Firm will look into every angle of your case, put its track record of results to work, and fight for the money you deserve.
Have you been injured in a truck accident in Charlotte? Was the truck driver or another party to blame for what happened? If so, don’t face the aftermath alone. Instead, get help from Schwaba Law and demand fair compensation for what happened. Contact us today for a free consultation with a Charlotte truck accident lawyer, and let’s discuss your next steps together.
Work with us, and you will get qualified and experienced attorneys.
Contact the Schwaba Law Firm and let us help you RECOVER.
