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Raleigh Trucking Accident Attorneys

Tractor trailers, commonly known as trucks or 18-wheelers, often create complex claims and severe injuries when they get into a crash. Their size alone makes them more powerful than a car; a tractor-trailer may weigh up to 80,000 pounds, whereas the average weight of a vehicle is typically around 4,000 pounds. The Raleigh trucking accident attorneys at Maginnis Howard have years of experience recovering millions for victims and their families.

Common Trucking Accident Causes

Most motor vehicle accidents are caused by negligence. This occurs when a driver or company acts carelessly or recklessly. While everyone on the road is responsible for using extreme caution, it is arguably even more imperative that truckers act conscientiously. The size of their vehicles and the typical long hours they drive in one period can result in disastrous consequences. Some of the common causes of tractor-trailer collisions include:

  • Driver Fatigue: Long hours on the road can lead to driver drowsiness and slower reaction times.
  • Distracted Driving: Texting, phone use, eating or drinking, or other distractions can lead to accidents.
  • Improper Loading: Overloading or improperly securing cargo can cause an imbalance in the truck, leading to rollover accidents.
  • Blind Spots: Tractor-trailers have large blind spots, making it easy for smaller vehicles to be unseen, creating collisions.
  • Inadequate Drivers: Lack of training or experience behind the wheel.

Trucking/Tractor-Trailer Liability

The first step in any personal injury case is establishing liability. In tractor-trailer accidents, liability may not only apply to the driver. Trucking companies are responsible for conducting adequate background checks of a driver’s record. This includes any past alcohol or drug-related driving convictions or loss of commercial driver’s license status. Training should be provided as there are differences between driving a car and a tractor-trailer and additional responsibilities. Truck drivers may struggle to handle the truck’s large size, navigate tight turns, or react appropriately in high-pressure situations. Inadequate training on safe driving techniques, such as maintaining proper distance, managing speed, and responding to blind spots, increases the likelihood of mistakes that can lead to severe accidents. When drivers aren’t fully prepared to operate such heavy machinery, their errors can have severe consequences, endangering themselves and others.

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Trucking/Tractor-Trailer Liability

The first step in any personal injury case is establishing liability. In tractor-trailer accidents, liability may not only apply to the driver. Trucking companies are responsible for conducting adequate background checks of a driver’s record. This includes any past alcohol or drug-related driving convictions or loss of commercial driver’s license status. Training should be provided as there are differences between driving a car and a tractor-trailer and additional responsibilities. Truck drivers may struggle to handle the truck’s large size, navigate tight turns, or react appropriately in high-pressure situations. Inadequate training on safe driving techniques, such as maintaining proper distance, managing speed, and responding to blind spots, increases the likelihood of mistakes that can lead to severe accidents. When drivers aren’t fully prepared to operate such heavy machinery, their errors can have severe consequences, endangering themselves and others.

Important Regulations

North Carolina truckers and their employers must adhere to state and federal laws to ensure everyone’s safety.

  • Trucking Regulations: NC adheres to federal trucking regulations set by the Federal Motor Carrier Safety Administration (FMCSA), but the state also has specific rules for commercial drivers. These regulations govern issues like hours of service, truck weight limits, and vehicle maintenance.
  • Statute of Limitations: In NC, the statute of limitations for personal injury claims resulting from tractor-trailer collisions is typically three years from the date of the accident.
  • Weight Limits and Restrictions: NC imposes weight restrictions on tractor-trailers traveling on state roads. The maximum gross vehicle weight allowed on the interstate highway is 80,000 pounds, and any overweight trucks must obtain a special permit.
  • Insurance Requirements: NC law mandates that commercial truck drivers carry a minimum amount of liability insurance. The state requires higher minimums for tractor-trailers, which may vary depending on the type of cargo being hauled. The minimum liability coverage typically ranges from $750,000 to $5 million, depending on whether the cargo is hazardous.

Steps to Take After an Accident

Understanding the proper steps to take after a car accident to ensure the best outcome is vital for a smooth process. It is normal to feel overwhelmed immediately after an accident. Knowing these steps can help you to understand what you should do next to ease your mind. Follow these steps after an accident:

  1. Ensure Safety First: If possible, get to a safe location and move your vehicle off the road. Turn on your hazard lights and check for injuries.
  2. Call the Authorities: Report the accident to police and request medical assistance. You should request a copy of the police report for your own record.
  3. Exchange Information: Get the other drivers’ name, contact details, and insurance information.
  4. Document the Scene: Take photos and video of everything. This includes not only the accident scene, vehicle damages, and any visible injuries, but also the conditions around the accident area.
  5. Seek Medical Attention: Even if you do not think you have significant injuries, you should remain vigilant for symptoms. Especially if you sustained any trauma to the head, it’s important to seek medical attention. Keep a record of all medical documents and expenses.
  6. Consult with a Lawyer: Contact an experienced Raleigh trucking/tractor-trailer accident attorney at Maginnis Howard to understand your rights and get advice on proceeding with your claim.

Damages in Tractor-Trailer Collision Claims

After a tractor-trailer collision, injured parties may be able to recover various types of damages, depending on the severity of the accident and their specific losses. These damages can include:

  • Medical Expenses: Coverage for past, current, and future medical bills related to the injury, such as surgeries, medications, physical therapy, and any necessary medical equipment.
  • Lost Wages: Compensation for the income lost during recovery if the injuries prevent the victim from working temporarily or permanently.
  • Pain and Suffering: Damages to the physical pain, discomfort, and emotional distress caused by the injuries and their impact on the victim’s quality of life.
  • Punitive Damages: In cases where the truck driver or company acted with gross negligence or reckless disregard for safety, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.

When to Hire a Raleigh Trucking Accident Attorney

Trucking accidents have the potential to disrupt your entire life. They are some of the most complicated and insurance companies will work to get you the lowest settlement they can. They may claim that you were partly to blame for your injuries (this is called contributory negligence). Additionally, you have just 3 years from the date of the accident to file a claim. Hiring an attorney means all you have to do is focus on healing and getting back to life before the collision.

Why Hire Maginnis Howard

There are numerous personal injury firms in the Raleigh area, but what sets Maginnis Howard apart? Our attorneys are among the best in the business and have recovered millions for clients involved in car accidents. We prioritize our clients and customize each case to meet your specific needs. Instead of rushing to settle your case, we strive to ensure that you receive every dollar you are entitled to. If you’re looking for attorneys who will prioritize your interests above all else, get in touch with us today.

Contact Our Raleigh Trucking Accident Attorneys

Trucking accidents can be catastrophic and incredibly complicated. The driver and employer must be held responsible when a trucker or company’s negligence causes a collision. If you or a loved one has been involved in a tractor-trailer collision, contacting a lawyer is crucial to protecting your rights and ensuring you receive fair compensation. Contact a Raleigh trucking accident attorney to schedule a free consultation. To reach an intake specialist, visit our contact page or submit an inquiry through our Live Chat feature. You may also call us at (919) 526-0450. We accept clients across the Carolinas.

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