What Regulations Exist for Commercial Drivers?
The primary agency responsible for trucking regulation is a branch of the Department of Transportation (DOT), the Federal Motor Carrier Safety Administration (FMSCA). These federal regulations apply to all interstate trucking traffic operating nationally and cover a vast number of requirements, such as:
- The size and weight restrictions of each type of commercial vehicle
- The length of time a driver is allowed to operate their vehicle on the road
- The number of hours a driver must take for rest between shifts
- The correct way to label hazardous material
- The conditions and maintenance of all commercial vehicles
- How trucks are to be inspected
- The qualifications for commercial drivers
North Carolina’s Department of Transportation and the state’s Department of Motor Vehicles maintain responsibility for regulating trucking oversight and accidents. These regulations apply to commercial drivers who only travel within the state. Depending on the situation, certain federal laws may take priority over state laws.
What are North Carolina’s Hours of Service Regulations?
Many of the regulations enforced in North Carolina are the same as those used by the FMSCA. Both the state and federal levels observe the same hours of service laws, which depend on whether a driver is carrying passengers or property. These laws include:
- A driver who is carrying property may only work a shift for 14 hours and drive their vehicle for 11 of those hours after they have ten consecutive hours off duty.
- A driver who is carrying property is not allowed to continue to drive if they have driven 70 hours on duty in eight consecutive days.
- A driver who is carrying passengers may only work a shift for 15 hours and drive their vehicle for 10 of those hours after they have eight consecutive hours off duty.
How is Negligence or Liability Determined in a Commercial Driving Accident?
The State of North Carolina uses an at-fault accident system. This means that the responsible party can legally be held responsible for any resulting damages. Fault is usually determined through the doctrine of negligence, which is a legal theory meaning recklessness. Negligence can take many forms and may come from many entities in a commercial driving accident. Examples of negligence include speeding, defective trailer equipment, or failure to adhere to or enforce the hours of service rules.
North Carolina also recognizes a principle known as contributory negligence. Contributory negligence means that if an injured party is found to be even 1% at fault for an accident, then they cannot recover any damages from the primarily responsible party.
Many types of evidence are used to determine who is at fault for an accident. The investigation may include reviewing police reports, analyzing driver logs and maintenance records, questioning witnesses, and utilizing accident reconstruction experts.
When are Employer’s Held Liable for Commercial Driving Accidents?
A trucking company can be directly responsible for an accident when the company’s negligence contributes to or causes the accident. Examples of negligence include, but are not limited to, the following:
- Negligent hiring: Trucking companies may fail to conduct adequate background checks to reveal a driver’s poor record, accident history, or lack of certification.
- Negligent training: A trucking company may fail to properly train a driver, resulting in an error triggering an accident.
- Negligent supervision: Trucking companies may fail to enforce safety procedures or monitor performance. This may be done by engaging in unsafe behaviors, such as violating the hours of service rules causing the driver to work while fatigued.
- Negligent retention: A trucking company may fail to fire a driver who is a known accident risk.
What Other Parties May be Held Liable?
Establishing liability involves a detailed assessment of the circumstances of the accident. Several parties may be held liable based on factors including negligence, regulations compliance, and the events leading to the accident.
- Truck driver: The truck driver can be held liable if their actions led to the accident, including violations of North Carolina traffic laws, driving under the influence, distracted driving, medical problems, or fatigue.
- Trucking company: In addition to the actions previously discussed, trucking companies may be held liable if an accident results from insufficient maintenance, improper cargo loading, or regulatory violations.
- Cargo loaders: Accidents resulting from unsecured or overweight cargo could hold loaders responsible.
- Vehicle manufacturer: Manufacturers bear responsibility for accidents caused by mechanical failures or defects, such as steering system failure, brake failure, transmission failure, defective lighting, or tire blowouts.
What is the Statute of Limitations for Commercial Driving Accidents?
A statute of limitations is the amount of time available to file a claim. In North Carolina, an injured party must file a claim within three years from the date of the accident. Accidents that result in death must be filed within two years from the date of death. Failure to file a claim within these timeframes almost always results in a dismissal of the case.
What Damages Can Be Recovered?
Recoverable damages vary widely depending on the specific circumstances of each accident. Possible compensation is available for the following:
- Medical expenses to date
- Future or ongoing medical care
- Lost wages
- Diminished earning capacity
- Property damage
- Pain and suffering
- Loss of consortium
- Wrongful death
- Punitive damages
Punitive damages are only awarded in cases involving egregious negligence to deter the at-fault party from similar behavior in the future.
Do I Need an Attorney?
Insurance companies want to avoid paying you what you are owed. They will fight to keep you from getting your rightful compensation. You deserve representation from someone who will fight back on your behalf. Call O’Malley Tunstall PLLC today at 919-277-0150. or fill out a contact form for a free consultation.