According to NCDOT (North Caroline Department of Transportation), heavy commercial trucks in North Carolina got involved in more than 12,000 vehicle accidents last year. Those accidents led to thousands of fatal or serious injuries, most of which could have been prevented.
Among the best ways every truck driver may consider to avoid accidents as those and even make roads safe for everyone is to adhere to North Carolina trucking laws.
Damages and Liability
As with all personal injury lawsuits, injured people have the right to recover damages from trucking companies or truck drivers if they are at fault. Of course, at times, accidents are often caused by multiple parties.
North Carolina is among the few states which still acknowledges the law of ‘contributory negligence.’ This law states that if an injured party contributes to the accidents, even if it is just by 1%, they can’t get compensation from the other parties.
This is the harshest rule many states in the US have abolished. But North Carolina only recognizes it if the third party was extremely negligent.
If this rule doesn’t apply, the injured can ask for compensation to cover the damages and injuries caused by truck drivers or trucking companies. Such damages may include the following:
- Lost wages
- Pain & suffering
- Disfigurement or scarring
- Diminished future earnings
- Medical bills
- Damaged physical properties
Hours of Service Rules/Regulations and Truckers
Every long-haul truck should follow hours of service regulations whenever they are on the road. Basically, these rules and regulations were made to ensure truckers don’t spend a lot of time on the road and avoid drowsiness and, even worse, falling asleep while behind the wheel.
Tractor-trailer and large truck drivers can only drive for a specified number of hours, then later have mandatory resting time. Plus, drivers should also log their driving hours and resting periods to ascertain that they follow safety regulations.
But due to the pressure of delivering goods quickly, some truckers or firms tend to cut corners. Unfortunately, this results in disastrous consequences for other cars on the road. If this negligence causes death or injuries, they should be held accountable.
Statute of Limitations Following a Truck Accident
Although it is vital to report the accident to your insurer right away following a crash, truck companies have the legal obligation to report the case to law enforcement immediately.
Trucking firms should as well file a report with North Carolina’s Public Safety Commission within 15 days for non-fatal accidents and within 24 hours for serious truck accidents.
Under the state’s statute of limitations, you only have three years following your truck accident to file a case. And if the accident involved fatalities, the relatives of the bereaved should file a wrongful death case within 24 months after the accident.
The Takeaway!
If you got injured during a truck accident, an experienced attorney specializing in North Carolina’s personal injury law could come in handy. And the best part is that your attorney has enough resources they can use you to guide you through while you concentrate on your recovery.