It may well be said that, as a group, truck drivers are among the safest on the roads of North Carolina. They and their employers are expected to meet a higher legal standard of training and oversight than average drivers do.
The reasons for this are obvious. Commercial trucks tend to be heavier and more unwieldy than personal vehicles, even when empty. When they are full, besides being heavier, they are more difficult to control. And if they happen to be loaded with hazardous materials, the potential danger increases yet again.
It is no wonder then that when accidents involving semitractor trailer trucks and other large commercial vehicles that the worst damage tends to be inflicted on drivers and passengers in personal vehicles. Primary injuries may be suffered from the crash itself. Hazardous materials in the truck could spill or ignite and cause additional injuries.
Anyone who is injured in a truck collision should know that they may have recourse for seeking compensation and recovery. The specific circumstances of the accident will determine whether this is an option, which is why consulting with an experienced attorney is always advised.
If a claim is deemed appropriate, the likely theory under which it will be made is one of negligence on the part of the other driver or the company he or she works for. And to make the case, the plaintiff must be able to show that:
- The defendant or defendants owed a duty to others to do everything reasonable to avoid an accident and injury
- The duty was not met
- Failure to exercise the duty resulted in the injury to the accident and the injury to the plaintiff
As this reflects, the legal system is in place to support appropriate causes of action, but taking the action can be a challenge without help.
Source: FindLaw, “Truck Accident Overview,” accessed Nov. 11, 2015