Raleigh Truck Accident Lawyer

Protecting Your Legal Rights After a Truck Accident in North Carolina

Accidents with large trucks tend to be devastating for those in passenger vehicles. Often occurring at high speeds, and with the extreme weight and size difference between semi-trailers and autos, these collisions are much more likely to result in the injury or even death of those who are not protected by the bulk of a heavy truck. Those who were in such an accident by no fault deserve the chance for justice.

Lanier Law Group, P.A. was founded in 1997 and has spent 20+ years helping accident victims recover compensation. When complicated cases come our way, we are prepared to put in the work for our clients. We file more lawsuits than other personal injury firms to show defendants how serious we are. Finding the right Raleigh truck accident lawyer is essential to maximizing your compensation. Our team cares deeply about helping clients find the best way forward after serious injuries disrupt their lives.

Truck accidents can have far-reaching impacts beyond the immediate aftermath. Victims often face long-term rehabilitation, loss of income, and emotional trauma. Understanding the complexities of trucking laws and regulations is crucial; our attorneys stay informed about the latest legislative changes to provide the most effective representation possible. Knowledge of these regulations supports the pursuit of rightful compensation and strengthens our ability to hold responsible parties accountable.

Have you been hurt in a truck accident? Call our firm today at (919) 583-6414 to schedule your free consultation. If you can’t come to us, we can come to you anywhere in or around the Raleigh area!

Understanding North Carolina Trucking Laws

Trucking laws in North Carolina are designed to maintain roadway safety and minimize the risk of accidents. The state adheres to federal guidelines provided by the Federal Motor Carrier Safety Administration (FMCSA), which set forth regulations on service hours, driver qualifications, and vehicle maintenance. These laws are critical because they establish standards that trucking companies and their drivers must follow. In North Carolina, the strict enforcement of these laws by the Department of Public Safety helps reduce the frequency and severity of truck-related incidents.

One key component of these regulations is the mandatory adherence to hours of service, limiting the time a driver can operate a vehicle without restful breaks. This is crucial in preventing fatigue-induced errors, a leading cause of truck accidents. Additionally, stringent vehicle maintenance protocols ensure that trucks are equipped to operate safely. By understanding and leveraging these regulations, Lanier Law Group, P.A.'s truck accident lawyers can build a strong case by highlighting any violations that might have contributed to an accident.

When Can I File a Claim After a Truck Accident?

If you were injured in a truck accident in the Raleigh area that was not your fault, you are likely eligible to file a claim for compensation. Truck accidents can be caused by driver error, like other crashes, or may have more complex origins.

Truck Driver Error

Truck drivers can spend up to 10 hours each day on the road. Anyone who has been behind the wheel for that long knows how draining it can be.

Negligent drivers may cause accidents because of the following:

• Distractions such as texting, eating, or drinking: These interruptions lead to divided attention, increasing the risk of misjudging distances and reaction times.
• Fatigue or falling asleep at the wheel: Long shifts without rest can significantly impair cognitive functions, creating dangerous road situations.
• Intoxication: Substance use impairs judgment and reflexes, presenting a severe threat to all road users.
• Poor judgment: Miscalculating speed, distance, or the need for sudden stops can lead to serious accidents.
• Speeding or other traffic violations: Violating traffic laws is a common precursor to collisions, especially in high-speed or crowded conditions.

In addition to these factors, inclement weather or unfamiliar roads can further complicate driving conditions. Our attorneys understand these dynamics and work diligently to ensure all contributing factors are considered in your case.

Third-Party Driver Error

It’s not always the big rig's driver that’s at fault in an accident. Multi-vehicle accidents may happen when another driver acts negligently, forcing the truck driver to make a dangerous maneuver or creating an unavoidable obstacle.

Truck Defects

Truck drivers may also lose control due to defects they cannot control. These include:

• Defective truck parts
• Defective truck design
• Insufficient maintenance
• Overloading of their truck
• Improper cargo loading

While these factors may not be immediately identifiable to an accident victim, our Raleigh truck accident attorneys investigate each case to determine if more than one party is to blame. Filing multiple claims can help maximize your compensation after a wreck.

Liability in Truck Accidents 

Another hurdle to determining fault in a Raleigh truck accident is the commercial relationship between drivers and trucking companies. While on the job, truck drivers’ actions are almost always attributable to their employer. By hiring a driver and putting them on the road, a company is taking responsibility for training them and providing proper oversight.

Taking responsibility for a truck involves adhering to numerous federal and state regulations to maintain road safety. Our legal team is adept at navigating through these regulations to uncover negligent acts by companies that push drivers beyond legal limits. Beyond identifying apparent signs of negligence, our comprehensive approach strives to unveil hidden factors contributing to accidents, like improper maintenance logs or overlooked mechanical issues.

Additionally, truck drivers are obligated to follow company rules and directives, even if they do not personally make the same choices as their bosses. Because the government recognizes driving a heavy truck for hours on end is dangerous and likely to result in accidents, there are regulations known as the “hours of service” guidelines that control the amount of time drivers may spend on the job without a break. Unfortunately, some companies expect their drivers to complete routes on an impossible schedule unless these rules are broken. Therefore, even when a driver directly causes a crash by falling asleep at the wheel, their employer may be to blame for overworking them.

Potentially liable parties include:

• A freelance trucker
• A trucking company
• A third-party driver
• The company that owns or is responsible for maintaining a truck
• The company that designed the truck
• A company that manufactured a defective truck part
• A city or state responsible for implementing a dangerous road design

Liability issues become further complicated when dealing with interstate travel, as this introduces a web of overlapping jurisdictions and regulations. Our Raleigh truck accident attorneys are skilled at cutting through complex liability chains and clarifying who can and should be held responsible, thus streamlining the route to recovery and justice for our clients.

Liability with Freelance Drivers

Some truckers honestly prefer to set their schedule, choosing their clients and routes as they can. Others work steadily for the same company, essentially an employer/employee relationship, but are treated as contractors rather than W-2 employees. The nature of the relationship between a business and a driver matters when determining who is to blame.

Freelancers are responsible for any accidents they cause, but determining whether a driver is a pseudo-employee may allow you to sue the company instead, which could result in a more significant settlement. Our Raleigh truck accident attorneys can investigate and address questions like these.

Because trucking accidents can result in serious injuries and, accordingly, expensive settlements, trucking companies often send investigators to a crash site as soon as they learn something has happened. You need equivalent professionals on your side. If a trucking company can prove you were at fault for an accident, you may not be able to recover anything.

Common Trucking Routes & Challenges in Raleigh

As a significant hub in North Carolina, Raleigh sees a substantial amount of truck traffic, particularly along major highways like I-40 and I-440. These arteries are crucial for commercial trucking but also pose unique challenges. High traffic density during peak hours often leads to congestion, increasing the likelihood of accidents. Sharp turns and complex interchanges can further complicate navigation for large vehicles, especially for drivers unfamiliar with the area.

Packages of construction or road maintenance projects frequently alter traffic patterns around Raleigh, requiring vigilance from all drivers to prevent mishaps. Weather conditions, such as rain or fog, which are common in this region, can also exacerbate driving risks. Our legal team recognizes these local dynamics and incorporates this understanding into our strategy to advocate for victims of truck accidents. By highlighting these challenges, we demonstrate our in-depth knowledge of the local context, reinforcing our commitment to delivering comprehensive legal aid tailored to our clients' needs.

Contact Our Raleigh Truck Accident Attorney Today

Lanier Law Group, P.A. balances compassion for our clients with uncompromising representation in settlement negotiations and court. Our process is client-focused: Everyone who works with us gets an entire team, including a case management professional, an investigator, an insurance adjuster, and other support staff. Our truck accident lawyers in Raleigh are available to you 24/7 and always make time to speak with our clients one-on-one.

Truck accident cases may be complex and challenging to fight, but you deserve justice if you are badly injured. That means you need an attorney who will not back down. As the $150+ million we've recovered for our clients shows, Lanier Law Group, P.A. knows what it takes to win significant cases. Let us explain how our truck accident lawyers in Raleigh can help you if you've been hurt.

By choosing Lanier Law Group, P.A., you opt for a legal partner committed to exhaustive research and strategic advocacy. Our knowledge of state and federal trucking laws empowers us to craft persuasive arguments to secure favorable outcomes for our clients. We value transparency and will guide you through each stage of the legal process, ensuring you remain informed and comfortable with the steps being taken. 

Our Raleigh truck accident lawyers offer free consultations. Call us at (919) 583-6414 to schedule yours. Our truck accident lawyers are available 24/7!

Frequently Asked Questions About Truck Accidents

What Should I Do Immediately Following a Truck Accident in Raleigh?

If you are involved in a truck accident in Raleigh, taking specific steps to protect your rights and safety is crucial. Firstly, ensure your safety and any passengers by moving to a safe location. Next, call emergency services to report the accident and seek medical evaluation even if you feel fine, as some injuries might not be immediately apparent. Gather as much information as possible, such as the truck driver's details, trucking company information, witness contacts, and photographic evidence of the accident scene and any vehicle damage. Once the immediate situation is under control and you ensure everyone is safe, you should contact a Raleigh truck accident attorney to understand your legal options. Our team is available to help discuss your situation and advise on the best steps forward to safeguard your rights.

How Long Do I Have to File a Claim After a Truck Accident in North Carolina?

In North Carolina, the statute of limitations for filing a truck accident claim is three years from the accident date. This period is crucial as it determines your ability to pursue legal recourse and potentially receive compensation for your injuries and damages. While three years may seem like ample time, seeking legal counsel promptly is advisable to ensure all necessary evidence is preserved, witnesses are contacted, and the most substantial possible claim is prepared. Delays can harm your ability to collect adequate evidence and witness testimony, which are critical to your claim's success. Consulting with a knowledgeable attorney early in the process can help protect your access to legal remedies and clarify the specific considerations applicable to your case.

What Types of Compensation Can I Receive from a Truck Accident Claim?

Compensation from a truck accident claim typically covers various economic and non-economic damages. Economic damages might include medical expenses, rehabilitation costs, lost wages, and property damage. Non-economic damages address the more subjective impacts of an accident, such as pain and suffering, emotional distress, and loss of enjoyment of life. In certain circumstances where the defendant's conduct was particularly egregious, punitive damages might also be awarded to deter similar behavior. Each claim is unique, and the compensation available will depend on various factors, including the severity of the injuries, the degree of negligence involved, and the long-term impact on your quality of life. Consulting with our truck accident lawyers in Raleigh can provide an assessment tailored to your situation, illuminating the potential compensation you might be entitled to.

How Is Fault Determined in Truck Accidents?

Determining fault in truck accidents involves analyzing various pieces of evidence and adhering to state-specific laws regarding negligence. Our attorneys investigate all angles of the accident, including driving logs, vehicle maintenance records, and witness statements. Often, fault can be attributable to more than one party; for example, a driver and the trucking company might share liability due to policy violations. North Carolina follows a contributory negligence standard, which means that if a plaintiff is found to be even partially at fault, they may be barred from recovering damages. This underscores the importance of thorough investigation and representation to ensure that your role, if any, is represented and mitigated in the context of the incident.