Losing a loved one in a commercial truck accident is heartbreaking. Your family may be grieving while also dealing with tough legal and regulatory hurdles.
In North Carolina, tractor-trailer crashes follow strict federal rules meant to keep people safe on the road. Understanding your legal rights during this difficult time is crucial to securing justice for your loved one while protecting your family’s future.
Regulations governing commercial trucking
Commercial trucking follows state traffic laws and rules from the Federal Motor Carrier Safety Administration (FMCSA). When a fatal accident occurs, the reason could point to breaking federal rules, including:
- Hours of service (HOS): Crucial rules that limit driving time to prevent exhaustion.
- Electronic logging devices (ELDs): Mandatory technology that tracks a driver’s hours to ensure their records are accurate.
- Drug and alcohol testing: Strict requirements for pre-employment and post-accident testing.
Not following federal trucking rules can help show who is at fault after a fatal crash. A careful investigation can also find out whether the trucking company, the driver or someone else caused the accident.
Common causes of fatal truck accidents
Deaths are rarely true accidents and can often happen when a carrier puts profit ahead of safety. Many carriers push drivers to meet unrealistic deadlines, leading to drowsy driving and raises the risk of a fatal crash.
Some trucking companies may skip routine inspections to cut costs. This can cause brake failures and tire blowouts on dangerous routes. Overloaded trailers or poorly secured cargo can also make a truck jackknife or roll over. When that happens, nearby cars may have no way to avoid a collision.
Corporate liability
Holding a carrier responsible often requires working through complex corporate structures and high-value insurance policies. Under the legal doctrine of respondeat superior, a trucking company is usually responsible for a driver’s negligence. The company may also be at fault if it fails to train drivers or keeps a driver on the road despite past safety violations.
Insurance considerations
Federal law requires commercial trucks to carry much higher insurance coverage than regular cars, with minimum limits of $750,000 and up to $5 million. Even so, insurance companies often work hard to minimize payouts for accident claims. Having legal representation can help you seek compensation that matches the full impact of your loss from the fatal crash.
Enforcing safer trucking practices
A fatal truck accident is a tragedy no one should have to endure alone. Seeking justice allows you to hold the at-fault party accountable while getting the closure your family deserves.