Trucking drivers and trucking companies have an obligation to help ensure the safety of others sharing the road. If they neglect this duty, they may be held legally accountable for the consequences of their actions, and you, the injured party, may be entitled to compensation. A truck accident lawyer in North Carolina can help you pursue a claim against the at-fault party.
At DeMayo Law Offices, Your North Carolina Law Firm™, we’ve protected the rights of truck accident victims for over 30 years. Our experience can help you overcome these challenges and secure the fair compensation you and your family need. Schedule a free case evaluation with a North Carolina personal injury lawyer today.
For a free legal consultation with a truck accident lawyer serving North Carolina, call (877) 333-1000
Taking on truck accident lawsuits can be challenging because there is a complex system of state and federal laws governing commercial vehicles, and the liable parties are motivated to fight aggressively to avoid paying damages. Truck accidents involve a variety of regulations, corporate interests, and challenges far different than other types of vehicle accidents.
The trucking companies, for one, are made up of a large group of players, including drivers, employers, parts manufacturers, maintenance crews, and cargo loaders, each responsible for the truck’s safety. When the safety is compromised, liable parties, and in many cases multiple parties, can be held responsible for damages.
Trucking companies also retain skilled legal teams to protect their financial interests. Likewise, the various insurance companies involved vigorously defend their resources to minimize payouts. Because of their commercial function and the risks they pose, trucks are subject to regulations beyond those that apply to personal vehicles.
Why Choose Our North Carolina Truck Accident Attorneys?
DeMayo Law Offices has a reputation for protecting the interests of truck accident victims in North Carolina for over three decades. With over 250 years of combined legal experience and more than 125,000 resolved personal injury cases under our belts, we have a comprehensive understanding of all trucking rules and regulations that apply to your case.
We approach every truck accident claim with both confidence and compassion. Additionally, we settle most of the truck accident cases we handle before they ever reach the courtroom, helping to make the process less stressful and more straightforward for our clients.
However, should it prove necessary, we are prepared to represent your interests aggressively through litigation to win you the fair compensation you deserve.
Our semi-truck accident lawyers can help you pursue compensation for:
- Property Damage
- Medical Bills
- Lost wages and/or loss of earning potential
- Pain and suffering
- Funeral expenses in the event of a wrongful death
Some truck regulations are federal and apply nationwide. Other rules vary from state to state and thus depend on the exact location of the accident. This makes for a complicated legal situation in the event of an accident that requires an expert DeMayo Law Offices truck accident attorney.
Our North Carolina truck accident lawyers will know how to investigate your accident, deal with the number of insurance companies that will inevitably be brought in on the case, prove the at-fault parties are liable, and demand a comprehensive financial statement for your truck accident case.
01. Why the Regulations Are Different in Commercial Truck Accident Cases
Typically, Commercial Motor Vehicles (CMVs) and “large trucks” are defined as vehicles with a gross vehicle weight rating (GVWR) exceeding 10,000 pounds. This category encompasses a variety of vehicles, including 18-wheelers, semi-trucks, flatbeds, tractor-trailers, delivery trucks, buses, large shuttles, and more.
These vehicles frequently possess characteristics that increase their danger both on the road and during collisions. Some of the additional complications in transporting goods in a large truck that make additional regulations necessary include:
- Trucks need significantly more distance to come to a complete stop compared to smaller vehicles
- Shifting cargo can impact a truck’s balance and make it more difficult to steer or control
- Many large trucks carry hazardous materials, increasing the potential severity of accidents
- CMVs often use air brake systems instead of hydraulic brakes, which can pose serious risks if not properly maintained.
North Carolina Truck Accident Lawyer Near Me (877) 333-1000
02. How the Challenges of Operating a Commercial Truck Affect the Driver
Due to these and various other challenges, operating and maintaining a commercial motor vehicle is no simple task. It carries greater responsibilities than those faced by typical drivers and is governed by strict state and federal regulations.
These rules are designed to address the increased risks CMVs pose to others on the road, aiming to reduce the likelihood of serious collisions involving large trucks and passenger vehicles.
Some of the regulations that specifically apply to commercial truck drivers include that drivers:
- Must hold a valid, up-to-date commercial driver’s license
- Cannot exceed the maximum allowed daily driving hours
- Are prohibited from driving while fatigued
- Must not operate the vehicle under the influence of alcohol or drugs
- Cannot overload the truck beyond its designated weight capacity
- Are responsible for performing regular inspections of brakes and tires
03. Regulations That Apply to Trucking Companies in North Carolina
Additionally, safety regulations extend beyond just driver conduct. Other participants in the supply chain are also required to comply with these rules to help protect everyone on the road.
Some of the regulations that have the biggest impact include:
- Trucking companies are required to ensure that hazardous materials are properly classified, labeled, described, packaged, and marked in accordance with federal regulations.
- Employers must also implement regular drug and alcohol testing for their drivers to ensure safety and compliance.
- All trucking companies are obligated to carry a minimum level of insurance coverage as mandated by law.
- Detailed maintenance records must be accurately kept and well-organized.
- Employers are only permitted to hire drivers who are medically qualified, proficient in English, and meet all regulatory standards.
- Employers must maintain thorough documentation of each driver’s routes, driving hours, traffic violations, accident history, and drug and alcohol testing results.
If a driver or trucking company fails to follow all the applicable rules and regulations, they may be held liable for any injuries or damages they cause.
If you’ve been involved in a truck accident, a seasoned truck accident attorney at the North Carolina DeMayo Law Offices can thoroughly investigate whether any regulations were violated and how those violations may have contributed to the crash. Based on the findings, we’ll guide you toward the most effective course for securing compensation for your injuries and losses.
Sometimes, an accident can be credited to one particular misstep by a driver or trucking company. In other cases, multiple parties may be responsible for causing a crash. For example, if a truck driver was under the influence at the time of the crash, your attorney might pursue compensation from both the driver and their insurance provider.
In other situations, such as when a truck is improperly maintained, the vehicle’s owner could also be held legally responsible. Furthermore, some crashes are caused by faulty machinery, meaning a third-party parts manufacturer may be held financially responsible.
Here are some of the possible causes of truck accidents:
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FAQs: About Trucking Accidents in North Carolina
We understand that you likely have many questions about your truck accident claim. Here are answers to some of the most common questions.A truck accident is any traffic accident involving a passenger car and a commercial truck. Commercial trucks are on the road every day and can include garbage trucks, tractor-trailers, delivery trucks, gasoline trucks, and any other large commercial vehicle.
Generally, yes. Truck accident claims can be more difficult because more factors can contribute to the truck accident itself, as well as the ensuing claim. For instance, there are different rules and regulations that trucking companies and truck drivers must follow.
There are also often more parties involved in the claim, such as the trucking company’s insurance, insurance on the truck specifically, and the truck owner’s insurance.
An experienced North Carolina truck accident attorney at DeMayo Law Offices will be able to sort out all of the different factors for your truck accident claim, along with the truck accident information and all necessary medical records.
Not necessarily. Simply because a truck jackknifes does not mean any resulting accidents are automatically the truck driver’s fault. Oftentimes, the circumstances of the truck accident must be reviewed to determine who is liable for the truck accident.
If something, such as another driver or undesirable weather conditions, caused the truck to jackknife, or if the driver purposely jackknifed the truck to avoid a catastrophic situation, the truck accident may not be the fault of the truck driver.
Truck accidents are typically more serious than car accidents because of the sheer size difference of the vehicles involved. An average commercial truck can weigh upwards of 70,000 pounds, while an average passenger car weighs around 3,000 pounds. Commercial truck accidents involve significantly more property damage and serious medical problems.
According to the most recent data, there were more than 16,000 large truck accidents in North Carolina in 2023. One hundred seventy-four people were killed in these accidents, and thousands were injured.
Here’s a quick look at important facts and statistics related to large truck accidents in North Carolina and throughout the US.
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The Vehicles Involved in the Most Crashes
In 2023, single-unit trucks (2-axles, 6-tires) were involved in the most crashes (5,365). Subsequently, injury-related crashes among these vehicles were the highest (1,2166), while tractors/semi-trailers were involved in the most fatal crashes (74).
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The Trucks Involved in the Second Most Crashes
The second spot for each of these categories was reversed, with tractors/semi-trailers responsible for causing 4,839 accidents, with 1,012 of these collisions resulting in injuries, while 46 single-unit truck crashes proved fatal.
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A range of vehicles
Large truck accidents involve a range of vehicles including single unit trucks, tractor-trailers, semi-trucks, 18-wheelers, and other commercial motor vehicles (CMVs).
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There are several types of commercial vehicles
Commercial motor vehicles also include buses, garbage trucks, delivery vans, hotel and airport shuttles, moving trucks, and other common, heavy vehicles.
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State tracked statistics
Our state tracks crash statistics for a variety of these vehicles as well. School and commercial buses, for example, were involved in almost 1,500 crashes, resulted in 6 fatalities, and injured almost 500 people.
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Accidents increasing year over year
According to the Federal Motor Carrier Safety Administration (FMCSA), large truck and bus accidents across the US increased by two percent year-over-year and 29 percent since 2009.
If you’ve been in an accident involving a large truck or CMV, you don’t have to fight the truck driver or trucking company on your own. An attorney from our law firm will be by your side every step of the way, fighting to help you obtain fair compensation from these powerful, well-funded companies. We’ll protect you from their aggressive money-conserving tactics.
Even if you’re uncertain about pursuing legal action right now, we’re here to help you understand your options for financial recovery. We know that the aftermath of an accident brings tough choices, and it’s important to have the right information. That’s why we offer free, no-obligation case reviews so that you can make informed decisions with confidence.
Call DeMayo Law Offices in North Carolina to discuss your legal options or tell us about the accident online to get started now!
