info@carolinalaw.com
info@carolinalaw.com
Every day, the busy streets and highways of North Carolina are filled with trucks transporting goods and materials. With commercial traffic concentrated on major roads like Interstate 40, Interstate 440 (the Raleigh Beltline), and U.S. Highway 1, the potential for truck-related accidents is a constant concern. These large vehicles play an essential role in our economy, but their size and weight also mean they can cause devastating injuries if a collision occurs.
If you or a loved one has been injured in a truck accident in the Tar Heel State, the aftermath can feel overwhelming. You’re likely facing medical bills, lost income, and the stress of trying to manage life after such a traumatic experience. At Maginnis Howard, we understand how difficult this time is for you. We’re here to help you fight for justice and ensure you receive the compensation you deserve. Contact our North Carolina truck accident lawyer today to start taking the steps toward recovery.
When you’ve been hurt in a truck accident, choosing the right legal representation can make all the difference in your case. At Maginnis Howard, we’re not just a law firm—we’re a dedicated ally in your fight for justice. With a team of skilled attorneys who care deeply about your well-being, we provide personalized and strategic representation to protect your rights and help you rebuild your life after an accident.
We understand that every truck accident is unique, and so are the challenges you face. That’s why we take the time to listen to your story and fully investigate every detail of your case. Our team has decades of experience navigating complex personal injury claims, including those involving large trucking companies and their insurers. These cases often involve intricate laws and powerful opponents, but we’re no strangers to standing up to corporations and insurance providers who try to avoid taking responsibility. With over $100 million recovered for our clients, our results speak for themselves.
Beyond our legal support, we are committed to treating every client with compassion and respect. We know this is one of the hardest moments in your life, and we want you to feel supported every step of the way. At Maginnis Howard, your case isn’t just another file—it’s a chance to make your voice heard and help you find peace of mind in the face of uncertainty.
Unfortunately, trucking accidents are all too common on our nation’s highways and roads. According to the Federal Motor Carrier Safety Administration (FMCSA), over 500,000 accidents involving large trucks are reported across the United States each year. Of these, approximately 115,000 result in injuries, and more than 4,000 cause fatalities. These numbers highlight the serious danger posed by commercial truck accidents—not just to other drivers but also to passengers, pedestrians, and bicyclists.
Right here in North Carolina, the numbers tell a similar story. The latest data from the North Carolina Department of Transportation (NCDOT) shared that 4,839 heavy trucks were involved in crashes last year, with 1,012 injuries and 74 fatalities. Mecklenburg County led the state with 936 tractor-trailer-related collisions, which resulted in five fatalities and 162 injuries. Wake County was second in the state with 408 tractor-trailer-associated clashes, which led to two deaths and 63 injuries. Orange County reported 132 total crashes, one fatality, and 19 injuries.
The risks are particularly high in areas like Raleigh, where major roadways see a steady flow of tractor-trailers, delivery trucks, and other heavy vehicles. The sheer size and weight of these trucks make them difficult to stop quickly, increasing the likelihood of serious collisions. When combined with factors like driver fatigue, speeding, or mechanical failures, the consequences can be catastrophic. These statistics underline the importance of protecting your rights if you’ve been injured in a truck accident.
If the insurance company has made you an offer, you might feel tempted to accept it and move on from the stress of dealing with your claim. While it may seem like a quick solution, accepting the first offer from an insurance company is rarely in your best interest.
Insurance companies aim to settle claims quickly—and for as little money as possible. Their initial offers often don’t reflect the full extent of your injuries, property damage, or the long-term financial losses you may face as a result of the accident. By accepting a low offer, you risk covering future expenses, like ongoing medical care, out of your own pocket.
Here’s why you should be cautious:
Before accepting any offers, consult with an experienced North Carolina truck accident attorney. At Maginnis Howard, we’ll review your case, evaluate the fairness of the offer, and advocate for the compensation you truly deserve. Don’t leave your recovery to chance—contact us for a free consultation today!
If you’ve been involved in a truck accident in North Carolina, you may be wondering whether you have a case. Most personal injury claims, including truck accidents, are based on negligence. Negligence occurs when someone fails to exercise a reasonable level of care, and their actions—or inactions—cause harm to another person. To succeed in a truck accident claim, you’ll need to prove four key elements of negligence:
Proving negligence in truck accident cases can be complex, especially when multiple parties are involved. No matter how overwhelming the legal process may seem, you don’t have to face it alone.
Recovering from a truck accident can be an uphill battle. While healing from physical and emotional injuries, you may also face another daunting task—figuring out who is responsible for your accident and its devastating effects.
Truck accidents are far more complex than standard car crashes because liability can involve multiple parties. Determining who is legally responsible is essential to building a successful claim and securing the compensation you deserve.
Below, we’ll explain the main parties who may be held liable in a truck accident and the role each one plays in keeping our roads safe—or failing to do so.
Truck drivers are often the first party we consider when determining liability in a trucking accident. After all, the person behind the wheel of a multi-ton vehicle is responsible for operating it safely. Unfortunately, truck drivers are not immune to errors or reckless behavior, which can have catastrophic consequences for others on the road.
Common examples of truck driver negligence include:
If a truck driver’s negligence caused your accident, they may be held liable for damages. Evidence such as police reports, eyewitness accounts, and traffic camera footage can help establish their role in the collision.
While the truck driver may bear responsibility, the trucking company that employs them can also be held accountable under certain conditions. Employers have a legal obligation to hire qualified drivers, properly maintain their fleet, and ensure their operations adhere to safety regulations. When companies cut corners to boost profits, they jeopardize the safety of everyone on the road.
Trucking companies that frequently operate in and around North Carolina may include:
These companies and others have fleets of trucks delivering goods throughout North Carolina and beyond. If a trucking company fails in its duties—for example, by hiring an unqualified driver, failing to conduct regular vehicle maintenance, or pressuring its drivers to work beyond legal limits—it can share liability for an accident.
Vicarious liability is another legal theory that might come into play. This concept holds that employers are responsible for the actions of their employees when those actions are performed within the scope of their job. If a truck driver caused an accident while making a delivery or performing work-related tasks, their employer could be legally liable for your injuries and damages.
You might not immediately think of the people who load a truck’s cargo, but their role can directly impact road safety. Cargo loaders are responsible for ensuring that goods are properly secured and evenly distributed. When they fail to do so, it can cause serious accidents.
Improperly loaded cargo may lead to the following scenarios:
If improperly loaded cargo played a role in your accident, the company responsible for this task may be held accountable. For example, evidence from loading records, eyewitness statements, or expert analysis can help prove that negligence during the loading process contributed to the collision.
Accidents caused by faulty vehicles or components can make truck and part manufacturers liable under product liability law. Trucks operate under intense conditions, and any defect—whether in the vehicle’s design, assembly, or parts—can have deadly consequences. This includes critical systems like brakes, tires, steering mechanisms, and trailer hitches, among others.
Some major manufacturers supplying trucks and parts include:
Manufacturers can be held liable when their products are defective because they have a legal obligation to ensure they are safe for use. Under product liability law, claims may fall within three main categories:
Proving product liability often requires technical advice and meticulous investigation. Our experienced attorneys at Maginnis Howard work closely with experts in accident reconstruction and engineering to identify defects, trace responsibility to specific manufacturers, and hold them accountable for failing to prioritize safety.
Truck accidents often pit everyday individuals against powerful entities like trucking companies, cargo loaders, and manufacturers. These corporations hold vast resources at their disposal—deep pockets, experienced legal teams, and insurance companies whose primary job is to protect their employers from liability.
They deploy strategies designed to delay or deny rightful compensation to accident victims, often seeking to minimize their responsibility for the harm caused. It’s easy for victims to feel overwhelmed and outmatched in the face of such opposition.
Without experienced legal representation, accident victims risk being misled or pressured into accepting lowball settlement offers that fail to address the true costs of their injuries and losses. These companies rely on this imbalance of power to protect their interests, not yours. They may argue that the accident was unavoidable, blame the victim, or even claim that the injuries aren’t as severe as they are.
This is why you need to level the playing field by hiring an experienced lawyer. At Maginnis Howard, we know the tactics these corporations use to avoid accountability because we’ve been fighting against them for years. Our truck accident lawyers bring balance to the legal battle. With our legal knowledge, resources, and unwavering dedication to your case, we’ll hold these companies accountable for their negligence and fight for the full compensation you deserve. You don’t have to face corporate giants alone—we’re here to stand with you.
Federal regulations are in place to enhance safety in the trucking industry and reduce the risk of devastating accidents. The Federal Motor Carrier Safety Administration enforces rules that dictate how trucking companies and drivers operate their vehicles, maintain their equipment, and ensure road safety. Violations of these regulations can serve as critical evidence to strengthen your claim.
Here are a few key FMCSA safety regulations designed to prevent accidents:
When drivers, trucking companies, or cargo loaders violate these regulations, the risk of accidents increases dramatically. For example, a fatigued driver who ignores HOS rules might lose focus on the road, or a poorly maintained truck could experience brake failure at a critical moment. When these violations contribute to a collision, they become powerful evidence of negligence.
Our attorneys use these violations to strengthen your case, holding irresponsible parties accountable for the harm they’ve caused.
The aftermath of a truck accident can take a profound emotional, physical, and financial toll on victims and their families. If you’ve been injured or lost a loved one in a truck accident, the law may entitle you to various forms of compensation.
Potential compensation in a truck accident case may include:
Every case is unique, and the compensation you may be entitled to depends on the circumstances of your accident. At Maginnis Howard, our skilled attorneys will carefully evaluate the impact of the accident on your life, working tirelessly to recover maximum compensation for your losses.
A truck accident case can be incredibly confusing and overwhelming. While you focus on healing, you’re likely left with questions about your legal rights, the claims process, and what to expect. Below are some frequently asked questions about truck accident claims to guide you during this challenging time.
Under North Carolina law, the statute of limitations for truck accident claims is generally three years from the date of the accident. If you fail to file a lawsuit within this time frame, you may lose your right to pursue compensation. However, if the accident resulted in the wrongful death of a loved one, you have two years from the date of their passing to file a claim.
While these deadlines may seem far off, it’s essential to act quickly. The sooner you contact an attorney, the sooner we can begin gathering evidence and building your case.
At Maginnis Howard, we work on a contingency fee basis for truck accident claims. This means you don’t pay any upfront legal fees—instead, our payment comes as a percentage of the compensation we recover for you. If we don’t recover compensation in your case, you owe us no attorney’s fees. This approach allows you to focus on your recovery without worrying about the cost of hiring skilled legal representation.
If you’ve lost a loved one in a truck accident, a wrongful death lawsuit can help provide financial relief for your family and hold the responsible parties accountable. Under North Carolina law, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. This is often the executor named in the individual’s will. If no executor is named, the court may appoint a representative, such as a spouse, adult child, or close family member.
The timeline for resolving a truck accident claim varies depending on several factors, including:
Some claims are resolved through settlements in just a few months, while others may take a year or longer if litigation is necessary.
Strong evidence is crucial for building a solid truck accident case. Key evidence may include:
Our attorneys will handle the process of collecting and preserving evidence to strengthen your case and prove liability.
After the initial aftermath of a truck accident, there are several steps you should take in the days and weeks to protect your health and legal rights:
These actions help ensure your health is prioritized and your legal options remain strong.
Yes, you can—and should—file a claim even if you don’t initially feel injured. Some injuries, such as whiplash, internal trauma, or concussions, may not present symptoms right away. It’s essential to seek medical evaluation immediately after the accident to identify hidden injuries and begin treatment early.
Additionally, the costs and impact of the accident may still surface over time. Filing a claim now ensures that your rights are protected if symptoms or complications develop later.
Proving liability in a truck accident case requires showing that another party’s negligence caused or contributed to the collision. Common types of evidence used to establish liability include:
Our attorneys are skilled at gathering and analyzing this evidence to prove fault, whether it lies with the truck driver, company, cargo loaders, or manufacturers.
Truck accidents involving pedestrians or cyclists can result in severe injuries, but you still have the right to pursue compensation. Whether the collision occurred due to truck driver negligence, faulty equipment, or road hazards, you may be able to hold the responsible parties accountable.
Call our North Carolina truck accident lawyers to evaluate your case and direct how best to proceed. Pedestrians and cyclists are particularly vulnerable, and our team is dedicated to protecting your rights and securing the compensation you need to rebuild your life.
At Maginnis Howard, we understand the emotional and financial challenges you’re facing in the wake of a truck collision. Our experienced truck accident lawyers in North Carolina are here to guide you through every step of the legal process with skill and compassion. Here’s how we can help:
Contact Maginnis Howard today at (919) 526-0450 or through our online form for a free consultation to discuss your truck accident case. Our team is here to provide the compassionate, dedicated, and effective legal representation you need to heal and move forward. Don’t wait—call us now or fill out our online form to get started.
