Experience.
Service.
With busy interstates like I-40, I-73, I-74, and I-85 (one of the nation’s busiest highways) converging in the Greensboro area, there is always a risk of a semi-truck or tractor-trailer crash when you get on the road. Unfortunately, when an accident happens, the driver of the smaller vehicle is at a substantial disadvantage, and a tragedy can happen in just a few seconds’ time. If you or a close family member has been involved in a big rig crash, the Greensboro truck accident lawyers at Maurer Law can help you understand the legal process of holding a negligent trucker liable for your injuries or your loved one’s wrongful death.
Both truckers and the trucking companies that employ them have duties to the public. A professional trucker is expected to obey all of the rules of the road, maintain a safe speed for the conditions, refrain from driving while under the influence of drugs or alcohol, and focus their full attention on the road. Of course, truckers do not always do what they are supposed to do, and accidents caused by distracted driving, drug use, and excessive speed are common in Greensboro and around North Carolina. Holding drivers accountable for these actions not only benefits the accident victim but also sends a message to other truckers who might be tempted to take shortcuts when it comes to safety and regard for other motorists.
When a truck driver fails to use the amount of care that a reasonably prudent driver would have exercised under the same or similar circumstances, and an innocent motorist, passenger, or pedestrian is injured, a truck accident attorney in the Greensboro area can help the victim try to hold the truck driver liable for their injuries. In many instances, the trucking company for which the driver worked at the time of the accident can also be held liable for damages caused by the trucker’s negligence. Under the doctrine of respondeat superior, an employer can be held vicariously liable for the careless acts of an employee. This is not to say that the company will always be liable, but in many instances, there is a very good chance that it could be, even if it claims that the employee is actually an independent contractor. A company’s own designation of an employment relationship is not necessarily dispositive in these situations.
A trucking company can also be held directly liable for its own negligence in some cases. For example, if the plaintiff can prove that the defendant trucking company violated state or federal rules designed to prevent fatigued driving, this could be evidence that the company violated a duty of care and that damages proximately resulted from the violation. While naming multiple defendants in a truck accident lawsuit can add a layer of complication to the case, it can also mean a larger potential damages award for the injured person or the deceased person’s family. While each case is unique, there could be separate liability insurance policies for the trucker and the trucking company, especially in situations in which the trucking company may have been directly (rather than just vicariously) liable.
The plaintiff always has the burden of proof in a truck crash case, and they must be able to prove all of the elements of negligence (duty, breach of duty, causation, and damages) by a preponderance of the evidence. This is often a difficult task without the aid of a capable injury lawyer. To schedule a consultation with a Greensboro truck accident attorney, call Maurer Law at 888-258-1087 or contact us online and ask for a free appointment. Remember that it takes time to investigate a trucking accident, and there are filing deadlines that can prevent a plaintiff’s ability to assert their legal rights if they are not strictly obeyed.