If you’re thinking about suing the driver and/or the trucking company for compensation, you should first meet with a truck accident lawyer in Wilmington, NC who can determine who was liable for the accident. If it can be proven that the truck driver was parked incorrectly or failed to take the necessary safety measures to inform the other drivers his or her vehicle was out of service, you may have a claim worth pursuing.
Drivers of all types pull off onto the shoulder of the road every single day and for various reasons. While some catch a flat tire and must pull over to change it, others become overly fatigued and just need a minute to rest. Regardless of why a driver pulls off to the side of the road, they need to be sure they do so properly so that they don’t put themselves and anyone else at risk of engaging in a collision. When they do, they could be the one that is held responsible for compensating a victim in the event of an accident.
What must a truck driver do when he or she pulls their semi or tractor-trailer off the roadway and onto the shoulder?
The Federal Motor Carrier Safety Administration (FMCSA) says that if a trucker must pull off the road, they need to activate their emergency lights so they are flashing, place reflective triangles around the truck, and use road flares to alert other drivers who are approaching of their presence. Truckers may also be required to abide by other state and federal rules when they must pull off the road but it best you speak with a Wilmington, NC truck accident lawyer to find out what these rules are.
What if my actions played a role in causing the truck accident to transpire? Am I still entitled to recover compensation if I sue the trucking company?
If you are to blame for the accident or you played a role in causing it to occur, you may not be entitled to any amount of compensation. While most states favor a comparative negligence approach which means a party who shares some of the blame could recover damages (i.e. a form of monetary relief), the State of NC does not follow this. Instead, it favors a contributory negligence approach which means if the court determines that you share anypercentage of the blame, you are barred from recovering compensation for any damages you might have suffered.
For instance, let’s say you became distracted while driving and were looking down at your cellphone or responding to a text message. As a result, you crashed into the back of the truck that had pulled off to the side of the road but left the tail of the vehicle jutting into your lane. Although the truck driver may share some of the blame because it was not completely pulled off the road, should the court determine you are even partially responsible for the accident, you would lose your opportunity to collect compensation.
Because the State of NC has very strict laws that govern personal injury claims that can prevent you from collecting the compensation you need and deserve after a truck crash, you will want to consult with a Wilmington, NC truck accident lawyer who is qualified to determine who was liable for the wreck. You will want to meet with an attorney as soon as possible and before giving a statement to the other party or the insurance company. To speak with a truck accident lawyer now in Wilmington who can guide and advise you during this time, contact USAttorneys.com today.