Truck Accident Attorneys in Wilmington

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Accidents involving semi-trucks are often devastating due to the sheer size and weight of these massive vehicles, which can stretch up to 51 feet and weigh nearly 80,000 pounds. When a truck collides with a smaller vehicle, the results are often catastrophic, leading to severe injuries, extensive property damage, and even loss of life. These accidents can be caused by a variety of factors, including driver negligence, equipment failure, or hazardous road conditions. If you’ve been involved in a truck accident due to someone else’s negligence, it’s critical to take swift legal action. Our Wilmington, NC trucking accident attorneys are here to help you hold the responsible parties accountable and secure the compensation you deserve to begin your recovery.

Why Choose Us?

At CR Legal Team, we’re more than just a law firm—we’re a family that truly cares about each client. We understand the devastation and stress following a truck accident and are here to provide the support, counsel, and expertise you need. With over 30 years of experience representing the injured, we've earned more than 5,000 five-star reviews and secured over $500 million in settlements and verdicts. Our goal is to guide you through the long road to recovery and help you obtain the justice and compensation you deserve.

Trucking accident cases are more complex than typical car accidents, involving specific federal and state regulations that govern driver qualifications, hours of service, and vehicle maintenance. Our attorneys specialize in North Carolina trucking laws and know how to identify violations and hold multiple parties accountable, such as the trucking company, driver, or manufacturer. With a proven track record of success, we use expert resources, such as black box data and accident reconstruction, to build a strong case and fight for the best outcome for you.

Ready to get started? Call (866) 691-0607 today to schedule a consultation. Our Wilmington truck accident attorneys are prepared to take your call 24/7.

Federal Trucking Regulations

Federal trucking regulations in North Carolina are governed by the Federal Motor Carrier Safety Administration (FMCSA), which oversees rules designed to promote safety on the road. Truck drivers and trucking companies must comply with these regulations, and violations can result in serious consequences, including liability in truck accidents.

Key Federal Trucking Regulations

1. Hours of Service (HOS) Regulations: The FMCSA limits the number of hours truck drivers can operate their vehicles to reduce fatigue-related accidents. Drivers are allowed a maximum of 11 hours of driving time after taking 10 consecutive hours off-duty. They must also not exceed 60 hours on duty in 7 consecutive days or 70 hours on duty in 8 consecutive days. Truck drivers are also required to take a 30-minute break after 8 hours of driving. Violations of HOS regulations can lead to accidents caused by drowsy driving, making these violations critical in determining liability.

2. Weight Limits: Federal law sets weight limits for trucks to ensure the vehicle can be safely operated and controlled. The maximum gross vehicle weight is 80,000 pounds, and exceeding this limit puts extra stress on a truck’s brakes, tires, and suspension, increasing the risk of accidents. Trucking companies or drivers that overload their trucks to increase efficiency are directly violating FMCSA regulations, which can be a significant factor in accident liability claims.

3. Vehicle Maintenance Standards: Trucks must undergo regular inspections and maintenance as per FMCSA requirements to ensure they are safe for the road. The Annual Vehicle Inspection is mandatory, and failure to maintain proper records or neglecting necessary repairs (like brakes, tires, or lighting systems) can result in a higher likelihood of mechanical failures. When truck accidents involve mechanical issues, it’s often found that the trucking company or driver failed to meet FMCSA maintenance standards, strengthening the injured party's liability claim.

4. Drug and Alcohol Testing: FMCSA mandates drug and alcohol testing for truck drivers to ensure they are sober while operating commercial vehicles. Truck drivers are subject to pre-employment, random, and post-accident testing. A positive test result or failure to conduct these tests can serve as clear evidence of negligence in the event of an accident.

5. Commercial Driver's License (CDL) Requirements: Federal law requires truck drivers to hold a valid Commercial Driver's License (CDL), which ensures they have undergone the necessary training and testing to operate heavy vehicles. If an accident involves an unqualified driver, the trucking company may be liable for negligence in hiring or retaining an unlicensed driver.

Violations and Liability in Wilmington Trucking Accidents

When trucking companies or drivers violate these federal regulations, it can significantly impact the outcome of a liability claim in North Carolina. For example:

• Hours of Service violations can point to fatigue as a contributing factor.
• Overloading a truck beyond the legal weight limits can increase the risk of brake failure or tire blowouts.
• Failure to maintain the vehicle properly could lead to a mechanical malfunction that caused the accident.
• Drug or alcohol violations demonstrate negligence in monitoring driver safety.

By demonstrating that a violation of FMCSA regulations contributed to the crash, victims can strengthen their case for holding trucking companies or drivers accountable for the resulting damages. In many cases, proving non-compliance with these regulations can establish negligence, a key element in personal injury and wrongful death claims.

Types of Truck Accidents

Before taking legal action, it is important to determine what caused the crash. To do so, our firm will look at the nature of the incident, identify the potential causes, and discover which parties may be liable. Then, we can better identify the value of your case, the damages you suffered, and the parties responsible for your injuries.

Truck collisions can be caused by any of the following:

• Brake failure
• Drowsy driving
• Driver intoxication
• Head-on collisions
• Improperly secured cargo
• Jackknife accidents
• Rollover accidents
• Tire blowouts
• Trailer-related errors
• Under-ride accidents

Who Could Be Liable For A Truck Crash in Wilmington, NC?

Determining liability in a truck accident can be complex, but it is a crucial step in seeking justice and compensation for your injuries. After investigating the cause of the crash, our team at CR Legal Teammeticulously examines the evidence to identify the parties responsible for the accident. Here are some common culprits in truck accident cases:

1. The Trucking Company

The trucking company that employs the driver may be held liable for the crash. This can include negligence in hiring practices, inadequate training of drivers, or failure to maintain their vehicles properly. If the company did not enforce safety regulations or allowed drivers to operate under unsafe conditions (such as driving too many hours without a break), they could share liability.

2. The Driver

The truck driver is often the first party to be considered when assessing liability. If the driver was operating the vehicle recklessly, driving under the influence, or violating traffic laws, they can be held personally responsible for the accident. Additionally, if they were distracted (e.g., texting or using a mobile device), this could further establish their liability.

3. Cargo-Loading Company

Improper loading of cargo can lead to serious accidents, particularly if the cargo shifts during transport, causing the truck to become unbalanced. If a cargo-loading company fails to secure the load correctly, they may be liable for any resulting damages or injuries.

4. The Truck Manufacturer

In some cases, a defect in the truck itself can lead to an accident. If a mechanical failure caused by faulty manufacturing or design contributed to the crash, the manufacturer of the truck or its parts could be held liable. This includes issues like brake failure, tire blowouts, or other equipment malfunctions.

5. Other Motorists

While the focus is often on the truck and its operators, other drivers on the road can also be involved in truck accidents. If another motorist's negligence contributed to the crash—such as aggressive driving or improper lane changes—they could share liability for the incident.

6. Government Entities

If the accident was caused by poor road conditions, such as potholes, inadequate signage, or a lack of proper lighting, government entities responsible for road maintenance may be liable. Proving liability in these cases can be complicated due to the legal protections often granted to government agencies.

Our team at CR Legal Team can use our ample resources to help you through each step of the legal process, from identifying the liable party to representing your case in court. We have more than three decades of experience to lend to your case, and we always fight for what’s right.

Time Limits to File a Truck Accident Claim in NC

In North Carolina, the statute of limitations for filing a personal injury claim, including truck accident cases, is generally three years from the date of the accident. This means that if someone is injured in a truck accident, they have three years to file a lawsuit against the responsible party.

Here are some important points to consider regarding the statute of limitations in North Carolina truck accident claims:

• Importance of Timeliness: It's crucial for potential clients to understand the time limits for filing a claim. Waiting too long can result in the loss of the right to seek compensation for their injuries.
• Exceptions to the Rule: While the three-year rule is standard, there are some exceptions. For instance, if the injured party was a minor at the time of the accident, the clock may not start until they reach the age of majority (18 years old). Similarly, if the injured party was incapacitated, the statute of limitations might be extended.
• Claims Against Government Entities: If the truck accident involves a government vehicle or agency, different rules apply. In North Carolina, a notice of claim may need to be filed within a shorter time frame, often within 30 days, before a lawsuit can be pursued.
• Gathering Evidence: As time passes, evidence can become harder to collect, and witness memories may fade. It's essential to begin gathering evidence and building a case as soon as possible to strengthen the claim.
• Legal Consultation: Because of the complexities surrounding statutes of limitations and potential exceptions, it's advisable for potential clients to consult with an experienced attorney. An attorney can help navigate the legal landscape and ensure that claims are filed within the required time limits.

Compensation Options for Truck Accident Injuries in NC

After a truck accident in North Carolina, victims may be entitled to various forms of compensation depending on the severity and impact of their injuries. Here's a more detailed look at the types of compensation available:

1. Medical Costs:

   • Covers both immediate medical expenses, such as hospital stays, surgeries, and medication, and ongoing costs for follow-up visits, treatments, and care.

2. Future Medical Expenses:

   • If the injuries require long-term medical attention, victims may receive compensation for future medical needs. This includes ongoing treatments, medications, medical equipment, or even home care services.

3. Pain and Suffering:

   • Non-economic damages that account for the physical pain and emotional distress endured as a result of the accident. These damages vary based on the intensity and duration of the suffering.

4. Lost Wages:

   • Compensation for any income lost while recovering from the accident. If the injuries prevent the victim from working temporarily or permanently, this can cover both past and future lost earnings.

5. Loss of Earning Capacity:

   • If the injuries result in permanent disability or impair the victim's ability to perform their job, they can be compensated for their reduced capacity to earn income over time.

6. Loss of Consortium:

   • Compensation for the impact the accident and injuries have had on the victim's relationships with their spouse or family. This includes the loss of companionship, affection, and support.

7. Rehabilitation and Therapy Costs:

   • Physical therapy, occupational therapy, and psychological counseling required for recovery can be covered under this type of compensation. These services are crucial for victims dealing with long-term physical or mental trauma.

8. Permanent Disability or Disfigurement:

   • In cases where the accident leads to permanent disabilities or disfigurement, victims may be entitled to compensation to help adjust to a new way of life, including modifications to their living environment, adaptive technologies, and specialized care.

9. Emotional Distress:

   • Severe accidents can leave lasting emotional or psychological damage, including conditions such as PTSD. Victims may receive compensation to cover therapy and other treatments necessary to cope with these emotional injuries.

Compassionate, Zealous Legal Help When You Need It Most

Whatever your situation, our team can fight hard to protect your interests in and out of court. We can help you recover compensation for medical costs, pain and suffering, lost wages, and more. If your career was altered because of your injuries, or if you suffered debilitating damage that altered your daily life, you may be entitled to additional compensation to help provide you with the support and medical attention you require.

If you have a truck case, our Wilmington, NC truck wreck attorneys want to hear from you. Call (866) 691-0607 today to get in touch with our team at CR Legal Team.