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Who May Be at Fault in a North Carolina Truck Accident Case?

Truck accidents present unique challenges. When a truck is involved in an accident with a car, the injuries are often severe.  In addition, severe accidents resulting from the truck’s speed, size and weight, sometimes make it difficult to identify who is at fault. This can be because it is difficult to identify the accident’s cause or because it is difficult to identify and locate the trucking company. If you’ve been hurt in a truck accident, an experienced Durham truck accident lawyer can help you determine who may be legally responsible for your injuries so that you can get the compensation you deserve.

The Driver

As with any car accident case, most truck accidents result from driver error or typical negligent driving such as speeding or unsafe lane changes. However, some causes are more prevalent in truck accident cases:

  • Driving while drowsy. Truck drivers spend long hours behind the wheel and are more likely than other drivers to drive longer than allowed by law or while drowsy. Driving while fatigued means that the driver has slower reflexes and poor decision-making skills.
  • Lack of experience or training. Driving a large truck requires special training, skills and considerable experience. Accidents are likely to result when a driver hasn’t received adequate training or has insufficient experience to operate the truck safely. 
  • Driving while impaired. While the trucking industry has made considerable efforts to combat intoxication, many drivers rely on stimulants that can impair their judgment or reflexes to remain awake. Alternatively, drivers may be drinking or using drugs while off the clock and then get behind the wheel while still intoxicated or impaired.

Identifying the cause of your truck accident can be more complicated than you think. An experienced Durham trucking crash lawyer can review the facts of your case and determine who should be held accountable.

The Trucking Company

Another potential party who may be liable for injuries besides the driver is the trucking company. Trucking companies have a legal obligation to ensure that their trucks are safe and their employers drive safely. Here are some of the ways that trucking companies can be responsible for truck accidents:

  •     Failing to maintain their trucks and ensure that they are in good working order
  •     Failing to train their drivers properly
  •     Failing to supervise their drivers
  •     Failing to comply with state or federal trucking regulations
  •     Hiring drivers with poor driving records or known substance abuse problems

The trucking company is not likely to admit they are at fault. A Durham truck accident lawyer can help you prove your claim to get the compensation you need.

The Cargo Loaders

Another potential at-fault party is whoever loaded the truck. When semi-trucks are loaded improperly, they can become unbalanced, making them difficult to maneuver safely. Trucks that are overloaded can require a longer distance to stop than the driver realizes.

Contact a Durham Trucking Lawyer at Martin & Jones

Truck accidents can result in severe injuries or even death. If you’ve been injured in a truck accident, the attorneys at Martin & Jones will make sure your rights are protected. Contact us today at 800-662-1234 to schedule a free consultation to discuss your case and what we can do for you.

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“I would like to leave a testimonial thanking Steven and Allison for their care and understanding. Steven’s pursuit and success in getting some compensation for our loss. A final closure of our loss of brother Mike. Thanks to Martin & Jones for looking after Mike’s care since his injury in 2005. You have been there for Mike and his family for a long time. Mike passed in 2016 and you stood for the family up to the present (July 2017). Many thanks.”

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The law firm you choose makes a difference. If you are the victim of an accident or an illness that someone else caused, the North Carolina personal injury law firm of Martin & Jones has the depth of experience, skills and sensitivity to make your road to recovery as smooth as possible. Whether you have experience with the legal system or have never hired a medical malpractice or personal injury lawyer before, our attorneys and staff will do our best to answer your questions, provide clear advice and prepare you and your family for what to expect. If you would like more information or to meet with one of our attorneys, please fill out the form below or call us at 800.662.1234.