NC Truck Accident Lawyer
With busy industrial parks and vital connecting highways, there is heavy
traffic on the roads of Monroe, North Carolina. Some of its roads and
expressways are known for heavy motor vehicles and trucks traveling at
all hours. Such traffic increases the likelihood of truck accidents that
can turn into complicated legal cases. With the assistance of experienced
truck accident lawyers, you can seek compensation for your injuries.
If you or someone you love was hurt as a result of a truck accident in Monroe, North Carolina, call the accomplished attorneys of Dewey, Ramsay & Hunt, P.A., whose dedication to handling truck accident cases makes them uniquely prepared to represent you in seeking financial compensation for your losses. Our experienced team of attorneys is known for a track record of successful results. Call us at (704) 490-4023 to learn more about how we can help.
Overview of North Carolina’s Trucking and Commercial Transportation Laws
North Carolina has implemented truck compliance laws that depend on the
type of truck as well as on the cargo and other factors related to the
trucking business. These laws can vary in the implementation. However,
our lawyers’ experience in handling truck accident claims gives
us a unique perspective in this type of representation. Also, we work
with accident investigators and reconstruction experts who can help us
point to the cause or causes of a truck accident.
North Carolina law imposes additional responsibilities on truck drivers and commercial vehicles in compliance with state laws and Federal Motor Carrier Safety regulations. Trucks have to comply with multiple rules, including:
- Weighing the truck regularly to ensure roll-over risks are prevented.
- Harnessing the cargo appropriately to avoid hazardous spills. Truck companies must institute policies and guidelines to promote safe driving. In North Carolina, the employer’s actions are the same as the trucking company or carrier. This rule can also apply to other parties depending on the circumstances.
- Filling out required a log book of vehicle driving hours intended to prevent tired drivers transiting through North Carolina’s roads.
The regulations above are based on studies and other data showing that these measures help avoid truck accidents and mitigate the severity of injuries known to occur.
Negligence “Per Se” Due to Compliance Violations
Under the legal doctrine of negligence “per se,” violating a federal or state regulation is proof of negligence. Under this doctrine, legal responsibility is imposed without having to go through a lengthy legal discovery process. Your attorney can explain at greater length if and how this doctrine applies in your case.
Liability for Negligence of Trucking Employees in Monroe, NC
Trucking companies in North Carolina are legally responsible for the actions
of their drivers. At times, the company is legally responsible even when
the driver claims status as an independent contractor. In North Carolina,
if the independent contractor has an established relationship with the
commercial trucking company where it controls the driver’s performance,
it is then liable for the negligence of an independent contractor working
for the company at the time of the accident.
Even if the driver claims to be an independent contractor, talk to an attorney because there are instances when independent contractors’ relationship is more involved, especially depending on:
- The time and place where the accident occurred
- Whether the driver was en route to deliver goods
- The employee has to comply with scheduling and dressing requirements
- Whether the trucking company influences the hiring, training, supervising, and determination of the driver’s duties
Under the legal doctrine of vicarious liability, employers are liable for the negligent acts of employees in North Carolina. The trucking company can be found liable for negligence when the driver:
- Fails to exercise due care
- Caused an injury as a result of breaching that duty of due care
Various individuals and entities carry different percentages of legal responsibility for injuries. Under North Carolina’s Uniform Contribution Among Tort-Feasors Act, anyone who obtains a judgment will not have to seek payment from each defendant individually because there is a pro-rata allocation of each defendants’ payment.
Liability of Non-Resident Truck Companies
If your accident involved an out-of-state trucking company, you can sue them in Monroe. North Carolina’s courts have a system of laws in place that will allow you to file lawsuits in these situations. With the assistance of an experienced attorney, you can hold them accountable for their negligent actions.
Call us today at (704) 490-4023 to schedule a free and private consultation.