This is a harsh rule that most other states have abolished. North Carolina is one of only a few states that still recognizes the common law rule of "contributory negligence." That rule provides that if the injured party negligently contributes to the collision-even by just 1%-then the injured party cannot recover at all from the other party. Of course, sometimes, an accident is more than one party's fault. The driver or the trucking company must have been "negligent" in causing the accident, and that negligence must have "proximately caused" the person's injury. Liability and DamagesĪs with other personal injury cases, an injured person is only entitled to recover damages from a truck driver or trucking company if the driver or trucking company was "at fault" for the accident. That's why it's important to be aware of the types of legal issues involved should you or a loved one find yourself in the unfortunate situation of being involved in a trucking accident. The physical, mental, and emotional impact from these catastrophic accidents can last a lifetime for survivors and their family members. The truck driver may be driving at high speed in bad weather and dangerous driving conditions. The tractor trailer may have faulty brakes, improper safety equipment, or a failed tire. A truck driver may encounter a moment of distraction or fatigue from the long drive. Tragically, the frequency of fatal large-vehicle accidents has only increased over time nationwide-with a 29% jump from 2010 to 2019.Ī single moment is all it takes for an 18-wheeler to collide with another vehicle. Those accidents resulted in 114,000 injuries and nearly 4,500 fatalities in that same year. Hundreds of thousands of large-truck crashes occur every year in the United States, with approximately 510,000 reported in 2019 alone.
With so many trucks, including 18-wheelers, semis, flatbeds, dump trucks, and box trucks, on the roadways, accidents happen.
DecemTractor trailers and other large commercial vehicles travel the highways and our local roads daily to deliver consumer goods around the country.
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