Commercial Vehicle Accidents in Raleigh, North Carolina

Has a Commercial Driver Injured You in or Near Raleigh?

In the Raleigh area, if you’ve been injured in a collision that involved a commercial vehicle, and that vehicle’s driver was negligent, after a medical provider examines and treats you, schedule a consultation right away to review your options and rights with a Raleigh car accident attorney.

Commercial drivers bring goods and products to every town and city in North Carolina. These workers are essential to our state’s economy, and as more of us buy items online and depend on deliveries from services like Amazon, Instacart, and DoorDash, more commercial drivers are on the road now than ever before, which means more accidents that involve commercial drivers.

When a commercial driver in or near the Raleigh area causes a traffic accident with injuries, who is liable for the accident and the injuries? Is it the driver or the employer? That answer will usually depend on whether or not the driver was “on the clock” at the time of the accident.

How is Liability Transferred to Employers?

In North Carolina, a commercial driver’s employer may be held liable for a traffic collision, but only if the driver was on the clock and acting in the “course and scope” of his or her job duties when the collision took place.

“Vicarious liability” is the legal principle that transfers to an employer the liability for the negligence of an employee, but liability is transferred only when a negligent employee was acting within the course and scope of his or her job duties. Here’s an example.

Let’s say that a delivery driver on a regular route runs a red light and hits a pedestrian. Under vicarious liability, the employer may be liable for the pedestrian’s injuries because the driver was operating in the course and scope of regular employment duties at the time of the incident.

When Does Vicarious Liability Apply in North Carolina?

In any specific accident that involves a commercial vehicle, whether vicarious liability applies will depend on the answers to these questions:

1.  Was the commercial driver an independent contractor or an employee?
2.  Did the collision take place within the course and scope of the driver’s job duties?
3.  Was the driver’s negligence intentional or accidental?

Was the Driver Who Injured You an Independent Contractor?

In this state, vicarious liability holds an employer liable only for the negligence of employees and no one else. If you were injured by an independent contractor who was driving commercially, liability isn’t transferred, and the party paying the contractor cannot be held liable.

Moreover, even if a commercial driver was an employee and was on the clock at the time the accident happened, vicarious liability will not transfer to the employer if the driver was not operating in the course and scope of employment duties.

What is Within the “Course and Scope” of a Commercial Driver’s Job Duties?

For example, when a delivery driver drinks too much alcohol at lunch, goes back to driving, and causes a traffic accident, the employer cannot be held liable for the accident, because intoxicated driving is not within the course and scope of a delivery driver’s duties.

North Carolina employers also have no liability for traffic accidents and injuries when a driver is using a commercial vehicle for personal reasons that are not related to the job, whether or not the driver is on the clock when an accident takes place.

When Will You Need an Attorney?

North Carolina is an at-fault state for automobile insurance, so the parties who cause accidents may be held liable and may be required to compensate accident victims for their injuries and other damages.

If you are injured in or near the Raleigh area in an accident that was caused by a commercial driver, North Carolina law entitles you to compensation for medical bills, lost income, and related losses and damages.

If you’re catastrophically injured or permanently disabled, you must recover the maximum compensation that’s available. If the other driver was a commercial driver who was an employee on the clock, you may be allowed to file an injury claim against both the employer and driver.

Immediately after you are examined and treated by a medical provider, contact a Raleigh personal injury lawyer who will review your circumstances and recommend the best way to move ahead – which may be filing a personal injury claim against the employer and the driver.

What Steps Will Your Attorney Take?

If you are injured by a negligent commercial driver, your first legal consultation with a Raleigh car accident attorney is provided without charge or obligation. If you move forward with legal action, your attorney will fight forcefully and effectively for the compensation you deserve.

If the other motorist was driving commercially and was operating within the course and scope of his or her job duties, the employer may have vicarious liability, and your attorney may file a personal injury claim against both the employer and the driver on your behalf.

Your lawyer will determine how the accident happened, examine the evidence, speak to any witnesses, and begin negotiations for your compensation. Most personal injury claims in North Carolina are settled out-of-court when the attorneys for each side negotiate a settlement.

Let Our Award-Winning Team of Lawyers Represent You

The personal injury attorneys at O’Malley Tunstall have distinguished themselves with their dedication and commitment to fighting for the injured and disabled victims of negligence in the Raleigh area and across Eastern North Carolina.

After an accident, you may be unable to work, and at the same time, your medical debts may be mounting. If you’re injured by a negligent commercial driver in a traffic accident, now or in the future, a Raleigh personal injury lawyer at O’Malley Tunstall will handle your injury claim and advocate aggressively for the compensation you are entitled to under North Carolina law.

We offer the injured victims of negligence a free, in-depth first legal consultation. You can schedule that consultation now by calling O’Malley Tunstall at 919-277-0150. Our attorneys will protect your rights, and they know what it takes to recover the compensation you need.