Proving Liability in a North Carolina Truck Accident

While a car accident case can have issues that can make it somewhat complicated legally, the majority of accident cases usually have a clear at-fault party. The victim of the crash pursues any legal action against that at-fault driver, usually through the at-fault driver’s insurance company.

Commercial truck accidents have a completely different set of potential issues and often include violations of federal regulations. There is often more than one party liable for the victim’s injuries. In order to prove liability, there is certain evidence that should be obtained. There are many factors in a truck accident case that can make it complex. This is why truck accident victims should always have an experienced North Carolina truck accident attorney representing them.

Federal Regulations

The trucking industry has a number of rules and regulations that have been established by the federal government that must be followed. The Federal Motor Carrier Safety Administration (FMCSA) is the agency that makes and oversees these regulations. For example, the FMSCA has stringent rules about how many consecutive hours and consecutive days a truck driver can work, as well as required rest time. There are also rules on how cargo should be packed and weight limitations. Unfortunately, despite all these regulations, it is often violations of one or more that results in a tragic truck accident.


Truck accidents usually have more than one liable party that is responsible for any losses the victim suffers due to their injuries. Many truck drivers are actually working for a transportation company, which makes the company liable for any actions or behaviors of their employees. For example, if a truck accident was a result of the truck driver being under the influence of alcohol, and this driver had a history of drunk driving, the trucking company should not have allowed that driver behind the wheel of one of their vehicles.

The trucking company may also be responsible for a crash if it was caused by poor maintenance, such as the brakes failing because the pads were all worn or a tire blowout from bad tires.


In order to prove liability, a North Carolina truck accident attorney must have evidence. This is another area where truck accidents differ from car accidents. There are many sources of evidence in truck accidents that usually don’t exist in other vehicle crashes. It takes a seasoned attorney to know where to look for that evidence. This evidence includes:

  • The maintenance records for the truck
  • The truck driver’s employee record
  • The truck driver’s driving record
  • The truck driver’s logbook
  • Record of random drug testing for the driver

Contact a North Carolina Truck Accident Attorney

If you or a loved one has been injured in a truck accident caused by a negligent or reckless truck driver, contact a seasoned North Carolina truck accident attorney. Truck accidents can be more complex than other types of motor vehicle accidents because depending on the circumstances of the crash, there may be multiple parties who are liable for a victim’s injuries.

Our Carolinas personal injury law firm has successfully represented many clients who were injured in truck accidents and will use all available resources to aggressively advocate for you and your family in obtaining the financial compensation you deserve. Call Shapiro, Appleton & Washburn today to schedule a free and confidential consultation and find out what your legal options may be.