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State and federal laws both have serious impacts on truck accident claims. These include both trucking-specific and general traffic laws. If you are a truck accident victim, your claim is likely to involve state laws, federal laws, or both. The interpretation and application of these laws can have an effect on the amount of compensation to which you are entitled in your truck accident case. In this article, we discuss how federal and North Carolina trucking laws can impact your accident claim.
Traffic Laws and Truck Accident Claims
Traffic laws play a key role in determining liability following a truck accident in the state of North Carolina. Traffic law violations by truck drivers, such as failing to yield, running a red light, speeding, or improperly changing lanes, are all possible indicators of negligence.
In addition, failing to obey speed limits, failing to follow distance regulations, or engaging in reckless driving are all traffic law violations that can result in liability.
Federal Trucking Laws
The Federal Motor Carrier Safety Administration establishes rules regarding vehicle maintenance, driver qualifications, and insurance requirements. Commercial truck drivers and their employers are required to follow these regulations. The failure of truck drivers and their employers to follow these regulations can impact the outcome of accident claims.
In addition, commercial truck drivers are held to a stricter legal standard than regular drivers when it comes to impaired driving. Specifically, while the standard blood alcohol concentration limit for regular motorists is 0.08%, the federal limit for commercial truck drivers is 0.04%. If a truck driver causes an accident while under the influence of drugs or alcohol, this violation could potentially affect the outcome of an accident claim filed by the victim.
Further, commercial trucks must adhere to federal safety standards, and they are subject to regular inspections to ensure legal compliance. Improper vehicle maintenance or failing to conduct required vehicle inspections can also affect resulting legal claims.
Contributory Negligence in North Carolina
Another factor to consider that can impact accident claims in North Carolina is the state’s contributory negligence rule. Unlike states that adhere to a comparative negligence system, in which victims can still recover compensation even if they are partially to blame for an accident, North Carolina law bars recovery entirely if the injured party is responsible in any way for the accident.
In other words, the contributory negligence rule can affect whether a person who is injured in a truck accident is entitled to compensation through a legal claim. Under this harsh rule, a plaintiff who bears even 1% responsibility for an accident is barred from recovery. The result of this is that defendants will often go to great lengths to demonstrate the culpability of plaintiffs—even if it isn’t true. Therefore, if you’ve been injured in an accident with a commercial truck, you should contact an experienced attorney for assistance with your legal claim.
Contact a Charlotte Truck Accident Attorney
If you’ve been hurt in a truck accident in the state of North Carolina, you need an experienced North Carolina truck accident attorney in your corner. At Bradford Law, our experienced Charlotte truck accident attorney will investigate your situation and aggressively seek financial compensation on your behalf. Please contact us today to arrange an initial consultation with an experienced North Carolina truck accident attorney.
