Tractor Trailer Accidents in North Carolina
Truck driving is one of the most under-appreciated professions. All those big trucks you see on the highway during road trips or during your commute to work are transporting food and other necessary supplies either to your local community or to somewhere beyond North Carolina. You can get an idea of how much skill it takes to drive a commercial truck successfully just by reading the North Carolina commercial drivers’ license requirements or the Department of Transportation website. For a more detailed look at all of the long-term planning and in-the-moment decision making that goes into a truck driver’s day, read Finn Murphy’s memoir about his years driving an 18-wheeler. When everything goes well, commercial trucks and their drivers deserve credit for many of the everyday comforts that you usually take for granted. When a truck driver makes a minor mistake, though, it can cause a huge accident in which dozens of people get injured and multiple vehicles are totaled. If you have been injured in a traffic accident involving a commercial truck, contact a Charlotte personal injury lawyer.
What Do You Have to Prove in a Tractor Trailer Accident Lawsuit?
If you get injured in a traffic accident involving a tractor trailer, you have the right to file a personal injury lawsuit. In order to win your case, you must prove the following things:
- The truck driver had a legal duty not to cause an accident.
- The driver did something irresponsible to cause the accident, such as failing to apply the brakes on time, distracted driving, or failing to keep the truck in a safe condition.
- Because of the truck driver’s mistake, you sustained injuries.
- Because of your injuries, you suffered financial losses, including but not limited to medical bills.
The standard of proof in personal injury lawsuits is lower than it is in criminal cases. To win a truck accident lawsuit, you must only show a preponderance of the evidence for your claims. This means that you must show that it is more likely than not that your claims are correct.
Who is Legally Responsible for a Tractor Trailer Accident?
Most commercial trucks belong to large companies, such as delivery companies like Amazon or FedEx or to supermarket chains. Others belong to companies that are simply in the business of transporting freight to more medium-sized businesses. In some cases, though, the driver owns the truck. The owner of the vehicle that caused the accident, whether it is a person or a company, is legally responsible for damage caused by the vehicle. Most companies have commercial liability policies with very high limits, which means that the chances are good of recovering enough compensation to cover your accident-related financial losses without going to court.
A truck accident lawyer can help you seek damages if you suffered financial losses because of a tractor trailer accident. Contact Plumides, Romano & Johnson, PC in Charlotte, North Carolina to discuss your case.