As last week's post reminded our Cary, North Carolina, readers, no one who has been injured in an accident involving a commercial vehicle should assume that the case will go smoothly simply because the driver of the truck or delivery van got a ticket. These sorts of cases can actually be among the trickiest and most frustrating for clients because of the current state of North Carolina's negligence laws.
In addition to large trucks hauling freight, there are all kinds of commercial vehicles traveling on the roads in and around Cary, North Carolina. For instance, commercial vehicles include delivery trucks and vans, which could range from the van of the local florist to the box-shaped trucks of major private carriers like UPS and FedEx.
Although it is often taken for granted when discussing responsibility for commercial vehicle accidents, there is in fact a particular legal doctrine, accepted in North Carolina, which specifically those in North Carolina who are injured by a negligent driver to sue the driver's employer.
According to the most recent statistics available from the Federal Motor Carrier Safety Administration, of the 411,000 or so truck accidents reported in 2014, about 1 percent resulted in a fatality. Additionally, about 20 percent resulted in an injury significant enough to be reported.
People who drive when they are too tired to operate a vehicle safely can put themselves and others in an extremely dangerous position. In fact, a drowsy driver can act much the same way as an intoxicated driver on the road. Particularly if the overly tired driver is using a large business vehicle, a serious or deadly accident can result from a person's poor decision to keep driving on insufficient rest.
Many residents of Cary, North Carolina, may have heard the term "pain and suffering" discussed in the context of a lawsuit pertaining to a commercial vehicle accident or some other personal injury lawsuit.
People in Cary, North Carolina, and the surrounding Raleigh metro area will probably know that, if they want to drive a car, they have to carry a minimum amount of insurance that will cover all or part of another person's injuries. The minimum insurance requirement protects North Carolina citizens from negligent motorists by making sure that all drivers have some means of paying compensation should they cause an accident.
Last week’s post on this blog discussed how commercial drivers are held to higher standards with respect to how much alcohol they can have in their systems. One of the reasons for these higher standards is that commercial vehicles are typically larger than private cars and can therefore inflict more damage in a truck accident or commercial vehicle accident.
Many North Carolina residents already know that driving while drunk or drugged is illegal in this state. It is also an extremely dangerous thing to do, especially if one is driving a large truck or other type of commercial vehicle.
Last week's post on this blog discussed how a commercial driver who experiences sleep apnea can easily become dangerous both to any passengers he or she is transporting and to other motorists on the road. A driver with sleep apnea is more likely than another driver to be experiencing exhaustion since he or she will not ordinarily get quality sleep at night.