Semi-truck accidents can be devastating, often resulting in expensive property damage, severe injuries, and sometimes even death. What’s more, the aftermath of these crashes can be particularly complex. With so many individuals, companies, and other groups involved in the trucking industry, several parties could be responsible for a crash.
If you’ve been hurt or lost a loved one in a semi-truck accident in North Carolina, you need the help of an experienced personal injury attorney who knows how to investigate a crash thoroughly, determine all at-fault parties, and pursue every avenue for getting you the full amount you deserve.
Contact Kreger Brodish LLP today for a free consultation to discuss your case and how we can hold every responsible party liable for what you’ve suffered. We’ve obtained significant results for victims of truck accidents, including a $165,000 settlement for a driver rear-ended by a tractor-trailer.
Who Can Be Liable For a Truck Accident?
In semi-truck accident cases, liability often extends beyond just truck drivers. Several parties may bear responsibility for the crash, including:
- The trucker, if negligent or reckless driving caused the accident
- The trucking company, if they engaged in negligent behaviors such as failing to conduct required drug tests or pressuring drivers to work unreasonable hours
- The cargo loader or shipper, if imbalanced or unsecured cargo within the trailer contributed to the accident
- The truck manufacturer or manufacturer of truck parts, if a manufacturing or design error played a role in the collision
- The company responsible for truck maintenance, if the crash resulted from a failure to diagnose or address a mechanical issue
- Government entities responsible for road maintenance, if the accident occurred on a public road due to unaddressed problems such as potholes, malfunctioning traffic signals, or fallen trees
Each of these parties plays a role in ensuring the safe operation of semi-trucks on our roads, and their failure to take appropriate steps to avoid a collision can make them responsible when one occurs. Even in cases where inclement weather plays a role in an accident, one or more parties may bear responsibility for your injury-related losses. Truckers have a responsibility to adjust their driving to changing weather patterns, and manufacturers must ensure that their components are capable of performing in varying conditions.
Can Multiple Parties be Held Liable for a Semi Truck Accident?
Multiple parties can indeed be held liable for a semi-truck accident. For example, imagine that a truck driver causes an accident by falling asleep behind the wheel. While the driver’s actions directly led to the crash, further investigation might reveal that:
- The trucking company pressured the driver to exceed legal driving hours
- The cargo was improperly loaded, making the truck more difficult to control
- A defective brake component contributed to the severity of the crash
In this case, the truck driver, the trucking company, the cargo loader, and the brake manufacturer could all potentially share liability for the accident.
Furthermore, under North Carolina’s pure “joint and several liability” laws, the injured party may recover the full compensation from any one of these parties or partial compensation from multiple parties. As such, if you’ve been injured in a truck accident, it’s a good idea to consult with a personal injury lawyer who has experience winning cases against multiple defendants. They will know how to work within state law to pursue the maximum compensation possible.
What Makes Trucking Accident Claims So Complex?
Trucking accident claims are inherently complex, often involving multi-party accident litigation that can be challenging for victims to understand. Several factors contribute to this complexity, including:
- There may be several liable parties – The trucking industry is made up of many different, often legally distinct parties working in concert together. Depending on the circumstances, these may include the truck driver, the trucking company, the company that owns the cargo, the people who load the cargo onto the truck, and more. Any of these parties could be fully or partially to blame for the accident.
- Federal and state regulations may apply – The trucking industry is heavily regulated at both federal and state levels. Violating these regulations may make a party liable for an accident, but establishing that a violation occurred is not always simple.
- There may be extensive documentary evidence – Trucking companies must maintain detailed records, including driver logs, maintenance reports, and vehicle inspection documents. Accessing and interpreting this information is essential but can be challenging for those without a full understanding of the industry.
- Trucks are more complex than other motor vehicles – Commercial trucks are more mechanically complex than other vehicles. Experts may be required to determine how factors like air brake performance, vehicle dynamics, and driver training contributed to an accident.
- Victims often suffer severe injuries – Semi-truck accidents often result in catastrophic injuries, leading to substantial medical expenses and long-term care needs. Accurately calculating these costs may require the assistance of specialist witnesses.
- Insurance policies for trucks are often complex – Trucking companies typically have high-value insurance policies with teams of adjusters and lawyers ready to employ hardball tactics to minimize payouts.
Settlement Issues When Multiple Parties Involved in Truck Accident Cases
Reaching a settlement with multiple at-fault parties can be a difficult process. Some of the issues that may arise include:
- Insurance policy limits – The case may involve multiple insurance policies, each with its own limits and terms.
- Conflicting interests – Different parties may have conflicting strategies or defenses, complicating negotiations.
- Longer negotiation processes – The more parties involved, the harder it might be to reach a settlement that each one finds acceptable.
- Potential for litigation – If you cannot reach a fair settlement with all parties, you may need to go to trial to secure compensation.
How Do You Figure Out Who is Responsible For the Truck Accident?
Determining responsibility in a truck accident case involves a thorough investigation and analysis of all available evidence. A lawyer does this by:
- Investigating the accident site – The attorney will examine physical evidence, skid marks, vehicle damage, and road conditions.
- Reviewing police reports – A lawyer will review the report responding officers took at the scene, which should contain valuable information about the immediate aftermath of the accident.
- Analyzing electronic logging devices – ELDs record a truck’s operation time and can reveal whether any party committed violations of hours-of-service regulations.
- Examining maintenance records – Poor maintenance can contribute to accidents and implicate the trucking company or maintenance provider.
- Reviewing driver qualifications – The lawyer may check the driver’s history, training, and licensing information to assess whether the driver could safely operate the vehicle.
- Deposing witnesses – These pre-trial processes involve gathering testimony from involved parties and bystanders.
- Consulting experts – Accident reconstruction specialists, medical experts, and industry professionals can use the raw data uncovered during an investigation to construct a compelling story about what happened.
Damages Available in Truck Accident Claims
If you have sustained injuries in a semi-truck accident in North Carolina, you may be entitled to various types of compensation. These damages can include:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Loss of consortium
- Property damage
If the at-fault party or parties acted in a particularly reckless or deliberately dangerous fashion, you could also be entitled to punitive damages. These are meant to punish that at-fault party rather than compensate you for something you suffered.
The value of your financial award will depend on the nature of the accident, the severity of your injuries, and the quality of your legal representation. A skilled attorney can assess your case to provide you with an informed estimate of how much you may be eligible to recover.
When Is the Deadline for Filing a Truck Accident Claim in North Carolina?
In North Carolina, the statute of limitations for personal injury claims generally requires you to file any lawsuit within three years from the accident date. However, the following points are worth noting:
- If a government entity is involved, you may have a much shorter time frame to file a notice of claim.
- If the accident resulted in a fatality, the deadline for a wrongful death claim is two years from the date of death.
- The investigation and preparation for a truck accident case can be time-consuming, so it’s best not to delay.
Contact Our Durham Truck Accident Lawyers for a Free Consultation
Dealing with the aftermath of a semi-truck accident can be overwhelming, particularly when multiple parties are involved. In the midst of severe pain and stressful financial strain, you need a legal partner you can trust to fight for the compensation you deserve.
Kreger Brodish LLP has been serving North Carolina residents for over a decade, providing high-quality legal representation in complex truck accident cases. Our experienced team has a proven track record of securing favorable outcomes for our clients in accidents involving multiple at-fault parties. As your semi-truck accident attorney in Durham, we will endeavor to:
- Conduct a thorough investigation of the accident
- Identify all potentially liable parties
- Handle all communication with insurance companies and other parties
- Build a solid case to support your claim for compensation
- Negotiate aggressively on your behalf
- Take your case to trial if necessary to secure fair compensation
Call Kreger Brodish LLP today or contact us online for a free consultation with an experienced truck accident lawyer. Let our Durham, North Carolina, truck accident attorneys put their experience, skills, and dedication to work for you.
