I live here in Durham NC and a couple of months ago there was an accident that a semi was involved in and it was one of the worst accidents in city history. It started off when two pickup trucks collided. One of the pickups went out of control then and hit the right front passenger side of the semi. It caused the driver of the semi to loose control and the semi crossed the center divider and hit 5 other vehicles killing two people. So my question is even though the driver of the semi didn't cause the accident, could he still be held financially liable at all?
2007-12-26 08:38:06 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I hope not.
2007-12-26 08:42:41 · answer #1 · answered by Bob D 6 · 1⤊ 0⤋
North Carolina is a contributory negligence state. That means if you contributed to the accident then you are barred from recovering from the at fault driver. If the pick up caused the accident or contributed to the accident - then the driver of the pick up can not recover from the semi.
If the facts are as you state - then the drivers of the pick up trucks are responsible - they are the proximate cause of the loss- and the semi should not be responsible.
Now...the insurance policies on the two pick ups will not be enough to cover all the claims - so, the families of the deceased will look to the semi to try and recover - they will want the deep pocket. Now....if they will actually be able to recover remains to be seen - but they will have to prove that the driver of the semi was negligent and his negligence was a cause of the accident.
2007-12-26 17:12:22 · answer #2 · answered by Boots 7 · 2⤊ 0⤋
Fault issues can be complicated, and an experienced attorney will look to a number of sources, such as police reports, state traffic laws, and witnesses, to help you determine who was at fault for your accident.
When a commercial truck accident occurs, if an employment relationship is established between the truck driver and a trucking or shipping company, then that company can be held legally liable for the driver's negligence under a legal theory known as "respondeat superior."
2007-12-26 16:56:47 · answer #3 · answered by lovingirisheyes 2 · 1⤊ 0⤋
People, at least in the seattle area, seem to blame the truck driver for any thing. Some guy was riding his bike on the sidewalk here, and rode right in front of a truck that was turning right. Lawyers can find a way to blame anyone for anything. I drive trucks and I can tell you from experiance that the company you drive for won't back you up as a driver.
2008-01-01 04:38:31 · answer #4 · answered by rzgil2001 1 · 1⤊ 0⤋
Looking for a deep pocket to sue? Look elsewhere! The semi-driver was a victim in the accident, and his loss of control was likely as not a result of an attempt to keep from crushing the driver of the pickup that hit him.
2007-12-26 21:41:56 · answer #5 · answered by ornery and mean 7 · 2⤊ 1⤋
If they could show his actions contributed to the loss, sure. If they however show that the semi driver took reasonable actions in the situation, the liability would remain with the original truck driver.
2007-12-26 16:42:52 · answer #6 · answered by davidmi711 7 · 2⤊ 0⤋
No. Even if it was his fault, the company for which he works would be liable.
2007-12-26 16:43:52 · answer #7 · answered by DOOM 7 · 1⤊ 0⤋
Not based on what you report.
2007-12-26 16:46:28 · answer #8 · answered by regerugged 7 · 1⤊ 0⤋
I don't see how............not his fault
2007-12-26 16:42:03 · answer #9 · answered by Anonymous · 3⤊ 0⤋