Injured in a Truck Accident?
If you’ve been involved in an accident with a large commercial semi-truck, it is important to know your legal rights as a victim and what steps to take next after such a traumatic event.
Truck drivers have a challenging job and often must contend with tight schedules and lengthy shifts. When they come to work exhausted or are not fully rested, accidents can happen.
It's unfortunate, but roadway collisions involving big trucks are taking place more frequently than most people know. According to the National Highway Traffic Safety Administration (NHTSA), big truck crashes have risen by nearly 33% from 2004-2014.
One thing that many people do not think about right away but can help ease the stress of dealing with the aftermath of a tractor trailer accident, is hiring a local truck accident attorney. Our Charlotte truck accident lawyers can help you sort through all the details and ensure that you get fair compensation for your injuries and other related expenses.
Do I Have a Case? How is Truck Accident Liability Determined?
If you've been involved in a truck-related accident, it is important to know whether or not you have a case and who, legally, is at fault for your injuries.
The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA) and the Federal Highway Administration (FHWA). These agencies have established a set of regulations to ensure that the drivers are trained properly and that the vehicles and trucks are road-worthy. Trucking companies are held to a higher standard of care than individual drivers because of their size, equipment, and regulations.
If you are injured in a truck accident, it is important to speak to a truck accident attorney about your rights and what you can expect from your case.
What Should You Do After a Tractor Trailer Accident?
If you or anyone else is injured after a tractor trailer truck collision, the first thing you should do is seek emergency medical attention. It's a good idea to keep a record of your medical expenses and document your injuries with pictures. It is possible to speak to people who witnessed the accident.
The contact information of the trucking company, the driver's name, phone number, and the address of the company should be obtained next.
If the accident happened on a public road, a police accident report should also be filed. You should take pictures of the scene and damaged objects. At first glance, this may seem insignificant, but it may be important down the road.
What Does a Truck Accident Lawyer Do?
A trucking accident attorney can help you navigate the process of dealing with insurance companies and filing a claim for compensation and damages. Hiring an attorney will allow you to focus on recovery and getting better and put the burden of dealing with the insurance company on the trucking accident lawyer.
Is it Beneficial to Hire a Trucking Accident Attorney?
A trucking accident attorney can help you understand the legal process and negotiate on your behalf with the insurance company if you've been involved in a truck collision. An accident attorney can help you get compensation for your medical expenses, property damage, and suffering and distress if you have been in a trucking accident.
If you are waiting to file your claim with the insurance company, you could lose your rights to compensation because the statute of limitations on most trucking accidents is three years.
How Much Is My Truck Collision Case Worth?
Depending on the facts of your case the amount a trucking accident case is worth can vary. The trucking company’s insurance company will want to pay as little as possible for your case. An experienced trucking accident attorney can maximize your compensation and help you get the medical treatment you need.
In addition to medical bills and lost wages, if you’ve experienced any pain and suffering because of a truck accident, you can also ask for damages for that. In many cases, the compensation you receive can go a long way in helping you get back on your feet again and even help you avoid bankruptcy.
Why You Need a North Carolina Truck Accident Attorney
If you've been injured in a commercial truck accident, you need an attorney that can help you recover what you deserve. They can explain the legal process and negotiate on your behalf with the insurance company.
Charlotte truck accident lawyers are available to help you seek the compensation you deserve for your injuries, medical expenses, property damages, and suffering and distress.
They can negotiate with the other party’s insurance company and, if necessary, get you the maximum amount of money.
In addition to helping you avoid having your insurance rates go up, hiring a good lawyer can protect you against potential insurance fraud.
How Can a Truck Accident Lawyer Help?
If you've been involved in a collision, it's important to have a trucking accident lawyer. They can help you understand the legal process and negotiate with the insurance company on your behalf. Truck accident attorneys can help with compensation for:
- Medical costs
- Property damage
- Suffering and distress
If you have injuries, your lawyer can make sure that you receive a fair settlement. If necessary, he or she will be able to negotiate with the other party's insurance company and get you the maximum amount of money. If you want to avoid having your insurance rates go up, you need to hire a good attorney.
The Trucking Company Is Already Building Its Defense Case
A commercial truck driver has a strong incentive to claim that the accident was your fault. If the driver admits fault and accepts responsibility, the trucking company will likely pay a settlement. If the trucking company thinks it can get away with denying fault, it may try to make you pay for any damages and injuries. That's why it's important to hire an accident attorney as soon as possible.
Your attorney will fight for your rights and gather evidence that proves you weren't at fault. While the trucking company is building its case against you, your attorney will gather evidence to prove you weren't at fault and build a strong case for maximum compensation.
Builds Your Case for Maximum Compensation After a Trucking Accident
It's important to get all the information you can about the accident after a trucking accident. You can use that information to build a strong case for maximum compensation. Police reports, witness statements, and photographs documenting the damage to your car and injuries will be gathered by your trucking accident attorney.
Medical evidence and documentation of your injuries and treatment can also be gathered by your attorney. Your attorney can use that information to negotiate a fair settlement with the trucking company or build a case against the company to go to court. Your attorney will be able to walk you through the legal process and make sure that you don't miss deadlines.
Evidence in 18 Wheeler Truck Accident Claims Is Complex
The trucking industry uses a complicated system to assign blame for accidents, so it's important to hire an attorney who is familiar with it. Truck accident attorneys use complex databases to build their cases. These trucking databases contain information on accidents that can be used to figure out who was responsible for the accident. Your lawyer can use that information to figure out how much money you can get after an accident.
When Should I Get a Lawyer For My Truck Accident Case?
If you've been in a truck accident and you've been seriously injured, it's important to get in touch with a trucking accident attorney as soon as possible. The statute of limitations on most trucking accidents is three years, so you'll need to get started right away. If you wait too long to hire an attorney, you could lose your rights to compensation. Don't wait to get in touch with a trucking accident lawyer.
"My experience with Rosensteel Fleishman was, in a word, outstanding. After my accident, Mr. Fleishman and his staff exceeded my expectations, and got me the maximum amount money that I was owed by the insurance company. They were thorough, efficient and professional. I will highly recommend them to anyone needing a personal injury attorney."
Lisa Fiser - Google Review
How Do I Find the Truck Accident Lawyer Near Me?
Finding the trucking accident lawyer near you doesn’t have to be difficult. All it takes is a little bit of research to know what to look for and where to go to find a great lawyer.
Choosing a trucking accident attorney with experience and proven trial experience is important. This will help you win your case and get the compensation you need and deserve.
What to Look for in a Charlotte Tractor Trailer Accident Attorney
There are many things to consider when looking for a tractor trailer accident attorney. Here are some of the ones that we feel are most important:
Experience - Experience is vital because you need someone who understands the trucking industry and can navigate the laws that pertain to it. You don’t want to hire a lawyer who doesn’t know what they’re doing, after all. But experience also comes from their track record and how other clients feel about them. You don’t want to work with someone who hasn’t ever won a case before.
Reputation - You want to hire someone who has a good reputation. Word of mouth is a great way to find out if someone has a good reputation or not. If they have a bad reputation, that’s probably not the person you want to hire.
Location - Ideally, you want to work with an attorney that is close by so that there aren’t any issues when it comes time for meetings or court dates. This can save you time and money in the long run.
Price - Price shouldn’t be the deciding factor when you’re hiring a tractor trailer accident lawyer, but it’s also important that you be able to afford the services.
How Do I Choose a Semi-Truck Lawyer?
You don't want to settle for the first lawyer you find, you want to get the best possible outcome for your case.
Before hiring a Charlotte truck accident attorney, you should ask for references. This can help you determine the quality of work they have done in the past, and how previous clients feel about them can be found by looking at their track record.
You can learn more about them by researching their website and finding out what types of trucking accidents they handle.
Hiring a Reliable Truck Accident Law Firm in Charlotte, NC
Once you’ve narrowed down your search to a few choices, you can then look over their websites and find out more about the services they offer.
You can also talk to other people who have hired them before. You can find these people by asking around or by taking to social media with your questions.
Once you’ve found the Charlotte truck accident attorney you want to hire, make sure you understand the terms of their agreement and what they expect from you. This will help you avoid any miscommunications or misunderstandings down the road.
Why It’s Important to Select a North Carolina Truck Accident Attorney with Proven Trial Experience
Choosing an experienced trucking accident attorney is important. You don’t want to hire a novice law firm because they will not understand the complex laws and regulations that pertain to trucking injury cases.
You also want someone who has a proven track record of winning cases. The last thing you want is to hire someone who doesn’t know what they’re doing and isn’t able to win their cases. Proven trial experience also means that you’re hiring someone who is familiar with handling difficult cases.
Why Hire Rosensteel Fleishman as Your Truck Accident Lawyer in Charlotte, NC?
Rosensteel Fleishman Car Accident & Injury Lawyers is a law firm that has extensive experience representing individuals in truck accident cases. We have a team of experienced Charlotte attorneys who are skilled in handling these types of accident cases.
Truck accidents are one of the leading causes of accidents and injuries in the United States. When these accidents do occur, they can result in life-changing injuries. If an accident was caused by a truck driver who was negligent, you may be able to file a claim for compensation. We will work hard to get you the best possible result in your case. If you have been injured in a truck accident, you may be entitled to compensation.
Experienced Truck Accident Attorney Located in Charlotte, NC
Trucking accidents are one of the leading causes of injuries and fatalities. At Rosensteel Fleishman, we have years of experience handling these types of cases. We have an experienced truck accident attorney in Charlotte who knows the ins and outs of truck accidents. The attorney can help you understand your rights and the compensation you should be entitled to.
How Can Our Local Law Firm Help With Your Claim?
We have helped numerous clients throughout North Carolina with their trucking accident claims. Our team of experienced truck accident attorneys can help you understand your rights. Rosensteel Fleishman is a law firm that has extensive experience representing individuals in truck accident cases. Our Charlotte personal injury lawyers are well-versed in handling the complexities of these claims and are committed to pursuing a favorable outcome tailored to your situation.
How Much Does a Trucking Accident Lawyer Cost?
At our firm, there are no upfront legal fees. We work on a contingency basis, which means we only get money if win. Legal costs are different for each case. Factors that affect the cost of a case include:
- Duration of the case (the longer the case drags on, the more it will cost).
- The complexity of the case.
- How many experts are needed to prove the case?
- How many meetings are necessary with experts and other parties involved in the case?
- The number of times a witness or expert needs to travel to court.
We will discuss the likely costs of your case during your initial meeting.
How Does Rosensteel Fleishman Win the Compensation You Deserve
We have a proven track record of success. We have a high success rate in getting clients the compensation they deserve in their trucking accident cases. In some cases, this involves taking the case to trial. If we do take a case to trial, we will prepare thoroughly. This means that we will have thoroughly investigated the case and have a strong case prepared for court. We also have a strong reputation in the legal industry. We have received numerous awards and recognition for our team and the work we do.
What Makes Rosensteel Fleishman So Successful?
We are proud of the results we have achieved for clients in the Charlotte, NC area and beyond. We have a strong track record of success. This is thanks to the following:
Strong Legal Team - Our legal team has extensive experience in truck accident cases. We have a team of experienced truck accident attorneys who have been helping clients for years.
Extensive Investigation - We carefully investigate the details of your case including collecting evidence, questioning witnesses, and gathering facts, before presenting your case to the insurer.
Preparing a Strong Case - We will have prepared a strong case for court by gathering compelling evidence, preparing our client to testify if necessary, and preparing all necessary documents.
Call us today at 704-714-1450 or contact us online to schedule your free consultation.
Trucking Accident Facts in North Carolina
Trucking is a vital part of the U.S. economy, yet the industry has a high rate of accidents and fatalities. These numbers are alarmingly high. The Federal Motor Carrier Safety Administration has enacted rules and regulations to lower these numbers, but the public needs to do their part as well.
No one likes to drive side by side with a Tractor Trailer, also known as eighteen wheelers or semi truck. Almost all of us grip our steering wheel a little tighter when one goes by. As Charlotte and North Carolina continue to grow the number of tractor trailers on our roads and highways is only going to increase. At almost any time of day, you can jump on I-77 or 485 and be surrounded by tractor trailers.
Truck Accident Statistics
On average, a tractor trailer driver will log 125,000 miles per year. This averages out to approximately 500 miles per day. If you assume that the average speed of the tractor trailer is 60 miles per hour. The average tractor trailer driver is behind the wheel more than eight hours each day.
“The overall numbers are still moving in the wrong direction. Now is the time for all states to double down on traffic safety. Through the Bipartisan Infrastructure Law, there are more resources than ever for research, interventions and effective messaging and programs that can reverse the deadly trend and save lives.” said Dr. Steven Cliff, NHTSA’s Administrator.
In Charlotte, NC, there were 1,611 crashes involving commercial vehicles in 2017, which was a 4% increase compared to 2016. This was the highest number of crashes in the previous 11 years.
What Injuries Occur in Truck Accidents?
Back and Spinal Cord Injuries - Truck accidents can lead to a variety of serious injuries, including back and spinal cord injuries. When a tractor-trailer is involved in a crash, its size and weight put everyone around it at risk for serious injury or death. Learn more about what a back injury claim is worth.
Head and Brain Injuries - When a crash is severe enough a skull fracture or worse a traumatic brain injury can result. In some cases, a victim may not survive a severe brain injury.
Leg and Foot Injuries - The most common leg and foot injury in trucking accidents is a fracture. This can happen when a poorly maintained truck swerves, brakes, or turns sharply and a victim’s leg gets pinned under the truck.
Muscle and Tendon Injuries - A fracture is a break in the bone that can be caused by a sudden jolt, fall, or other injury. Skin and nerve damage can also occur as a result of a truck accident.
Wound and Internal Injuries - In some cases, a person’s chest or abdomen may be punctured in a trucking accident and an internal injury may occur. Organs may be damaged, and under some circumstances, a victim may bleed to death.
Trucking Laws
- Commercial Drivers License (CDL) - All commercial drivers must have a Commercial Drivers License, or CDL.
- Fatigued Driving - Commercial drivers cannot drive if they have been on the road for more than 12 hours.
- Commercial Vehicle Safety - Commercial drivers must maintain their vehicle, and they cannot operate it if it isn’t in safe working order.
- Equipment Requirements - Commercial drivers must keep their vehicle’s equipment operational and in a state of good repair.
- Stopping Distances - Commercial drivers must use the correct stopping distance and maintain a safe speed.
- Commercial Vehicle Safety Regulations (CVSR) - CVSR was enacted in 2003 and it regulates the safety of all commercial vehicles.
Black Box EDS Data
When investigating an accident involving a tractor trailer, one of the first things that needs to be done is looking at the data from each vehicle involved. Most commercial and passenger vehicles produced today have these devices installed, as well as many vehicles from the mid 1990s. Pre- and post-crash information can be found in the data found in the black box, as well as identifying actions of the driver.
Most dealerships and repair centers don't have the software, training, or experience to download critical and volatile data. The data will be lost many times if the vehicle is driven after the MVA. It is important to put the trucking company on notice that you want to download the data as soon as possible and that you want them to preserve the data.
Federal Motor Carrier Safety Regulations
When handling a trucking accident case in North Carolina, our attorneys conduct a thorough investigation into the trucking company’s employment practices. The Federal Motor Carrier Safety Regulations (FMCSR) outline strict standards for driver hiring, qualifications, and ongoing safety reviews. If the company is found to be in violation of these regulations, it can play a critical role in strengthening your case—especially when liability is disputed. Carefully reviewing each regulatory requirement is a smart and effective strategy for any North Carolina tractor trailer accident attorney.
Causes and Various Types of Tractor Trailer Accidents Our North Carolina Law Firm Handles
The number of trucks on the road is increasing as Charlotte and North Carolina grows. At almost any time of day you can drive on I-77 or 485 and be surrounded by trucks. Tractor trailers are involved in around 500,000 accidents every year in the United States. Around 5,000 of these accidents result in fatalities. Injuries sustained in trucking accidents are severe due to the size and high rate of speed of the trucks.
What people frequently overlook is the fact that a tractor trailer traveling at 70 miles per hour has nearly double the energy of a tractor trailer traveling at 50 miles per hour. The average passenger car was not built to protect against forty-ton trucks, and forty-ton trucks were not built to mitigate collision damage to passenger cars.
Reasons for Truck Accidents
Semi-trucks are involved in many accidents. Truck drivers are at an increased risk of causing accidents when they are fatigued as they are paid by the mile to maximize their profits.
- Truck Driver Drowsiness
- Impaired Truck Driving
- Trucks Speeding & Driving Too Fast for Conditions
- Reckless, Vindictive Truck Driving
- Distracted Truck Driving
How Does Negligent Truck Maintenance Contribute to Accidents?
Truck accidents are usually caused by negligent truck maintenance. When truck drivers choose to operate their vehicles when they need to be repaired or if they are not roadworthy, they are putting themselves, their passengers, other motorists, and pedestrians at great risk for serious or even fatal injuries.
Negligent Maintenance Examples:
- Brakes on Semi Trucks
- Safety Devices on Semi Trucks
- Big Rig Load Securement
In many instances, a trucking accident is caused by a single event. A vehicle may fishtail on the road and cross the median into oncoming traffic. The negligent maintenance of a vehicle is one of the reasons for trucking accidents.
Underlying Cause For Truck Accidents in NC
When trucking accidents involve a commercial vehicle, the insurance company may argue that the accident was sudden and unexpected. However, it is important to retain a lawyer who can prove that the truck driver was negligent. The underlying cause of many trucking accidents in North Carolina can be attributed to a lack of skill on the part of the truck driver, a poorly maintained vehicle, or a driver who is fatigued.
Tractor trailers are enormous vehicles whose sheer size makes them difficult to avoid on the road. This large size also makes it difficult for these vehicles to stop quickly on a dime. Unfortunately, this combination often makes tractor trailers a danger on the road.
Truck Accident Legal Process and Steps to Take in NC
When commercial vehicles are involved in trucking accidents, insurance companies may contend that the incident occurred abruptly and without warning. Nevertheless, it is crucial to engage the services of a lawyer capable of establishing the truck driver's negligence.
If you have recently been involved in a semi-truck accident, here are some things you should know about the legal process and steps to take moving forward.
The Legal Process After a Semi-Truck Accident
The DMV and authorities should be notified immediately if you are involved in a semi-truck accident. You should get the names and contact information of any witnesses at the scene. Working with your lawyer, you will be able to establish a more comprehensive picture of the accident if you do.
You should seek medical care as soon as possible after the accident. You may need medical care after your accident, so you should seek treatment right away. It is critical that you are treated for any injuries so you don't have to pay for them out of pocket later. Your doctor will be able to advise you on what activities you should avoid after your accident.
Your Semi-Truck Accident Law Firm’s Responsibility
One of the most important things to do when you or a loved one has been involved in an accident with a tractor trailer is to contact an NC truck accident injury lawyer who can begin investigating and reconstructing the accident.
- Investigation
- Determine Fault
- Negotiating with Insurance Companies
- Proving Negligence in Court
Typically, drivers of tractor trailers are instructed to contact an emergency response team which usually contains someone from their liability insurance. Re-constructionists and engineers are sent to the scene immediately in the hopes of clearing the company of any liability.
It's crucial to examine the scene of an accident as well as the tractor trailer. Most modern tractors have sophisticated electronic devices comparable to “black boxes” in airplanes. These devices keep track of a variety of info such as speed, time, braking forces, and more. While no law mandates a specific amount of time for the trucking company to maintain this data, a Charlotte, North Carolina trucking injury lawyer from Rosensteel Fleishman Car Accident & Injury Lawyers can help ensure that this information is safeguarded and accessible for your case.
While no dollar amount can adequately compensate for a loss, the legal system is structured to permit monetary recovery where the injured party can prove that another negligently caused his/her harm. The amount of recovery is determined either by a jury at trial or through a fair settlement made prior to trial, which is based upon jury verdicts in similar cases.
If Rosensteel Fleishman accepts your case it will be actively researched and aggressively pursued to a conclusion.
Frequently Asked Questions About Charlotte Trucking Accidents
NC trucking cases are typically much more complex than comparable accidents involving passenger vehicles. In the average case, you will be dealing with a myriad of different laws and competing interests. In many cases, if the truck driver is charged with a crime, he will have a separate lawyer. Further, the trailer may be owned by a separate company, and it will have its own insurance and defense attorney. Our Charlotte attorneys are frequently asked the following questions:
What to Do Following a Truck Accident?
After a truck accident, you should assess yourself and others involved. You should also look for witnesses who can provide important details. In the event that someone is injured, you should call 911 and also seek medical assistance for any injuries.
Then you should find an experienced law firm local to Charlotte such as Rosensteel Fleishman that can help with your trucking accident.
Should I Talk to the Truck Driver’s Insurance Company?
No, you should look for a law firm that has experience in trucking accidents. The rules of evidence and the insurance claim process will be better understood by these firms. They will have a better idea of how juries view truck cases in your area. It will be possible for your lawyer to achieve a better settlement with these advantages.
What Are the Leading Causes of Truck Accidents?
1. Inadequate driver training: Trucking companies do not provide their drivers with enough training before they are allowed to drive trucks, which can lead to accidents.
2. Poor vehicle maintenance: Trucking companies should maintain their trucks in order to ensure that they are safe and reliable vehicles.
3. Driver fatigue: Truck drivers should never drive when they are fatigued because they may make mistakes that could lead to an accident or injury.
Are There More Stringent Restrictions on Truck Drivers Regarding Alcohol?
Yes. A driver is prohibited from reporting to duty with a blood alcohol concentration (BAC) of 0.02 or greater. In North Carolina a BAC of .08 is considered impaired for a driver of a passenger vehicle. Further regulations provide that is driver of a tractor trailer is prohibited from refusing a DOT mandated alcohol or drug test, consuming alcohol while performing any on-duty task, reporting for duty while under the influence of any drug that affects his or her ability to operate the CMV, possessing alcohol unless it is part of a shipment, and from consuming alcohol within 8 hours preceding an accident.
Are Truck Drivers Required to Record the Amount of Time They are Driving?
Yes. Truck drivers are required to record their hours of service every day. More companies are now doing this electronically, but some companies still use paper logs. One area of investigation is comparing the written logs to the dispatch records to see if there is evidence of speeding or improper records.
How Do I Maximize My Truck Accident Settlement?
Choosing a lawyer with experience in trucking accidents will increase your chances of getting a good settlement. You may also want to talk to a few lawyers to find out which one would be most likely to win your case if it went to court.
Finally, you may also want to talk to friends and family to find out if they ever had a positive or negative experience with a lawyer.
How Will My Lawyer Prove I Was Not at Fault for the Truck Accident?
The first thing that a lawyer should do in this situation is find out what happened. This can be done by talking to witnesses and investigating the scene of the accident. You should also talk to any other drivers on the road that day, as well as their passengers. If you are unsure of whether you are responsible, it is best to hire an attorney. They will investigate the case and make sure you are not at fault.
How Are Truck Accidents Different From Car Accidents?
Truck accidents are typically much more severe and result in worse injuries than car accidents due to the size and weight of the truck.
Additionally, the average cost of medical treatment is significantly higher than the cost of medical treatment for car accidents.
Who is Liable in a NC Trucking Accident Case?
The answer to this question depends on many factors, including the type of vehicle involved and the way it was operated. While truck accidents are often the result of negligence, they are not always the fault of the driver. Many cases involve truck drivers who are injured by the negligence of a company that owns the vehicle, such as a leasing or rental company.
How Long Will it Take to Resolve my Truck Accident Case?
The average truck accident claim takes approximately 12-18 months from the time of the accident to a final settlement or court verdict. A Charlotte truck accident lawyer will answer your questions about the legal process and how long it will take to resolve your particular case.
How Long Do I Have to File a Trucking Lawsuit in North Carolina?
Generally, in North Carolina you have 3 years to file your lawsuit. It is important to file your case within the time limit. If you do not file within the time limit, you may lose your case. The time period to file a lawsuit is called the statute of limitations. Statutes of limitations do vary so it is important to speak with an experienced lawyer to know the time limits on your individual case.
How Do I Determine if I Need a North Carolina Truck Accident Lawyer?
As a truck accident victim in North Carolina, you may have experienced many difficulties. The stress of the accident can leave you feeling powerless. It is important that you get the help you need from an experienced North Carolina truck accident lawyer if you have been injured in an accident. The legal system is complex and can be intimidating, so it's important that you have a lawyer who is experienced in this area.
What is Contributory Negligence in North Carolina?
Contributory negligence is a legal defense that can be used to reduce or eliminate a person’s liability for injuries sustained by them due to the negligent actions of another. Contributory negligence is defined as any conduct on the part of a plaintiff that falls below the standard required to meet the duty of care owed by the plaintiff to a third party.
How Compensation is Determined Following a Truck Accident?
Compensation for damages related to truck accidents is determined based on a variety of factors, including the type of accident, the severity of the injuries, and the specific circumstances of the incident.
In general, the amount of compensation that you are eligible for will depend on your individual injuries, your medical costs, your lost wage, and your individual physical recovery.
Is There a Federal Law That Regulates Trucking Companies?
Yes. All interstate trucking companies are regulated by the Federal Motor Carrier Safety Administration. This administration governs equipment regulations and the hours of service a truck driver can operate a tractor trailer. Some of the more important regulations are that drivers are required to maintain a driver’s logbook of all their daily activities while operating their tractor trailer. Drivers and companies must maintain certain levels of insurance coverage, depending on the size of the truck and the materials that are being transported. You can review the regulations by reviewing their handbook called the Federal Motor Carrier Safety Regulations. Any violation of these safety regulations may result in the Court charging the jury on negligence per se, this is negligence as a matter of law.
What Qualifies as a Commercial Motor Vehicle or Tractor Trailer Truck in North Carolina?
A commercial truck is a motorized vehicle that is used to transport commercial goods in the course of business. A commercial truck can be an 18-wheeler, tractor trailer, a dump truck, semi truck, delivery vehicle, or any other large truck used for the purpose of commercial business activity.
What Will My Truck Accident Attorney Do To Help Me?
Your truck accident attorney will help you understand your legal rights and options following a truck accident. An experienced attorney will know how to get you the compensation you deserve.
How Do You Prove Liability in a Semi Truck Crash??
There are a few ways to prove liability in a semi truck crash. One way is to show that the semi was in a defective condition that was responsible for the crash. Another option is to show that the driver of the semi was at fault for the crash.
How Much Does a Trucking Lawyer Cost in Charlotte, NC?
When you hire an attorney to represent you in a North Carolina trucking accident case, you want to be sure that you are getting the right Charlotte law firm. At our firm, there’s no charge unless we get money for you.
How Negligence is Established Following a Trucking Accident?
In North Carolina, negligence is defined as a failure to exercise ordinary care under the circumstances.
If you were injured in an accident caused by a negligent truck driver, you may be able to file a personal injury lawsuit against the truck driver, the trucking company, and other parties responsible for the accident.
Is it True Truckers Can’t Use Radar Detectors?
Radar detectors are forbidden under 49 CFR §392.71. A finding during the investigation which reveals the driver was using a radar detector while speeding can support punitive damages.
Are Truck Drivers Limited in the Number of Hours They Can Drive?
Yes. This regulation, commonly known as Hours of Service, or HOS, is governed by the Federal Motor Carrier Safety Administration (FMCSA). Under section 49 CFR 395.3, truck drivers cannot legally drive more than 11 cumulative hours following 10 consecutive hours off duty. They also cannot drive for any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty. During the work week, the driver cannot drive if they have been on duty 60 hours in any 7 consecutive days or having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week. There is a reset provision if there are 34 hours of consecutive rest.
How Common are 18-Wheeler Truck Accidents in North Carolina?
18 Wheeler accidents in North Carolina have become more common over the last decade. In 2017, there were 1,339 accidents involving 18-wheelers in the state. That was a 4% increase from the previous year.
Contact a Charlotte Truck Accident Lawyer
At Rosensteel Fleishman Car Accident & Injury Lawyers our nearby Charlotte trucking accident attorneys handle every aspect of your semi-truck accident from start to finish. Our lawyers have handled trucking cases all over North Carolina and are regularly brought in to assist other lawyers with their clients’ cases.
If you or a loved one has been injured in a trucking accident and you need more information from a Charlotte truck accident lawyer contact Rosensteel Fleishman Car Accident & Injury Lawyers online or call (704) 714-1450 to schedule a schedule your free consultation. Our Charlotte trucking accident attorneys handle every aspect of your semi-truck accident from start to finish and have handled trucking cases all over North Carolina and are regularly brought in to assist other lawyers with their clients’ cases.
See What Our Clients Are Saying
"After being rear-ended by a tractor trailer on I-85, a friend of mine referred me to this law firm. From the beginning to the end the attorney and his assistant were attentive, responsive and concise while handling my case. Every aspect of the process was explained to me and I was kept in the loop at all times. When I had options and a decision to make the relevant details were clear and informative allowing me to make the best decision for me. Prayerfully, I am not going to have another accident, but if I was I would undoubtedly hire Rosensteel Fleishman to get the job done."
Rahiem Brooks
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