Determining liability in truck accident cases is an important step in seeking compensation. These cases often involve multiple parties that share partial liability for the accident. Pinpointing the liable party, whether it is the driver, the truck company, or a third party, will help you file a claim with the correct insurance company or hold the correct party financially responsible in another way. 

Learn how to determine who is liable in a truck accident, then contact a truck accident lawyer in Charlotte, NC, to begin a compensation claim.

Potential Responsible Parties in a Truck Accident

While it may appear that the truck driver caused the accident, many parties may actually be liable. A few examples of commonly liable parties include:

  • The truck driver, for driving recklessly, committing hours of service violations, or violating traffic laws
  • The truck company, which may assume vicarious liability for the driver or be directly responsible. The driver’s employer could be directly liable if it failed to properly train the driver, conduct adequate maintenance, or adhere to federal regulations.
  • The truck manufacturer, for making an error during production that led to a mechanical failure
  • Cargo loaders, for making loading errors that caused the truck to fishtail 
  • An independent contractor working for any of these companies who made a mistake that led to the accident

Of course, if another driver technically caused the truck crash, you would pursue compensation through that at-fault party instead.

Large trucks have a lot of moving parts, and one small issue can lead to an accident. Any number of parties may be responsible for the commercial vehicle negligence in your crash.

North Carolina’s Contributory Negligence Policy and How It Affects Truck Accident Liability

Insurance companies may assign partial fault to all parties involved in truck accidents. But under North Carolina’s contributory negligence policy, truck accident victims cannot collect any compensation from other parties if they were even 1% responsible for the accident.

This is why it is important to prove another party’s truck accident liability and show you were not at all negligent in the accident. An experienced truck accident attorney can conduct a thorough investigation to collect evidence in your favor, such as:

  • Police reports from the accident scene
  • Witness statements explaining how the truck driver caused the accident
  • Black box data from the truck to show the truck driver’s fault 
  • References to Federal Motor Carrier Safety Administration (FMCSA) regulations to show how the company violated its legal responsibility to you
  • Photos of the accident scene to show road conditions and prove the damage to your vehicle
  • Footage from dashboard cameras or security cameras that caught the accident

Let Our Attorneys Help You Prove Liability

Proving truck accident liability is the first step in securing adequate compensation to move forward from the accident. If you need help finding a personal injury lawyer to represent you, Yale Haymond Law PLLC offers experienced representation in Charlotte, NC.

Call us today at 704-800-4357 for a consultation with our truck accident attorneys.