Raleigh Trucking and Tractor-Trailer Accident Lawyers

If you were injured by a tractor-trailer or commercial vehicle, you have the right under North Carolina law to receive compensation for injuries from the trucking company. Our experienced Raleigh trucking accident lawyers can help.

Our compassionate team helps clients with medical care, medical bills, property damage, and dealing with the stress of their physical recovery. We provide support, care, and concern in the aftermath of tragedies.

As former insurance defense attorneys, we know how to fight for every penny you deserve.

Our Raleigh Trucking Accident Settlements and Verdicts:

Common Injuries Caused By Truck Accidents in Raleigh, NC

Truck accidents in Raleigh can cause serious injuries to everyone involved, even death.  Some of the most common types of injuries our truck accident attorneys in Raleigh see in their cases are:

• Back and spine injuries

• Neck injuries

• Brain injuries (concussions and traumatic brain injuries or TBI)

• Sprained and bruised knees, ankles, wrists, hips, and shoulders

• Broken bones

• Fire, electrocution, and burns

• Eye injuries

• Hearing loss

• Amputations

• Chest and abdominal injuries

• Anxiety and psychological injuries

Damages Our Raleigh Trucking Accidents Lawyers Can Recover in Your Accident

The personal injuries you suffered in your truck accident may entitle you to monetary payments and compensation.  Some of the most common types of damages (explained in more detail here) recovered in the cases handled by our Raleigh truck accident attorneys are:

• Medical bills paid/reimbursed

• Future medical expenses

• Lost wages and income for time you missed at work

• Pain and suffering/mental anguish

• Loss of consortium if your accident affected your relationship with your spouse

• Permanent disability, scarring, or disfigurement

• Punitive damages to punish the other party for particularly bad, reckless, or outrageous conduct that caused your injuries

A Guide to North Carolina Trucking Accident Claims

The truth is that large trucks account for only 5% of all registered vehicles but 13% of all traffic fatalities. Most trucking accident victims have questions about what they should/shouldn’t do and how the legal system works. It’s understandable because this kind of tragedy rarely happens to a person more than once. Unfortunately, there is little reliable or correct information about trucking accident cases that is available to the public, which causes confusion about the personal injury process and hurts injury victims’ chances for recovery. Here’s what our team of Raleigh trucking accident lawyers believe you should know:

1. What Should I Do After I’m Involved in a Trucking Accident in Raleigh, NC?

The initial moments and days after your car are critical, not only for your well-being but for your chances for compensation as well. These are the most important steps to take after your injury accident:

• Take photos of your injuries

• Take photos of the damage to your car and the other vehicles (including vehicle positioning)

• Visit a doctor if you haven’t already

• Follow the doctor’s recommendations and attend all follow-up appointments

• Write down a narrative of what happened while it’s still fresh in your head

• Make a list of witnesses and their contact information if you know it

• Follow any additional instructions from your attorney

2. How Do I File a Trucking Accident Claim in Raleigh, NC?

A trucking accident case begins when you file legal documents called a “summons” and “complaint” in the appropriate North Carolina court, usually in the county where you live or where the accident occurred. The specific details are outlined in Rule 4 of the North Carolina Rules of Civil Procedure. Filing a case is as simple as taking the summons and complaint to the court clerk of the court where you’re filing the case.

The clerk accepts the filing and returns your copies so that you can serve the defendant with their copy of the filing documents. “Serving” a defendant means providing them with a copy of your file-stamped summons and complaint in a very specific, formal way, which is explained in Rule 5 of the North Carolina Rules of Civil Procedure. Your complaint must include all of the grounds to bring your case and all of your demands for compensation.

3.  Will My Trucking Accident Claim Go to Trial in Raleigh, NC?

95% of trucking accident cases, according to government statistics, resolve before needing to go to trial. The vast majority of trucking accident cases will settle before the trial date arrives (sometimes even before a lawsuit is filed), and others will settle in the middle of trial. The most common reasons cases go to trial are:

• The defendant’s insurance adjuster and company believes they will win the case, so they offer a very low settlement or none.

• The insurance company doesn’t want to set a precedent for settling your type of trucking accident lawsuit.

• The monetary amount demanded by your attorney is too high for the insurance company to settle without fighting the claim.

• Liability (meaning who is at-fault) or the injured person’s damages are too contested or questionable to find a middle ground.

The more time spent in preparation and building the case, the more likely your case will reach an appropriate settlement. But there are a lot of variables, and if your case is in the small percentage that go to trial, a Raleigh trucking accident attorney can help prepare you for what to expect.

4. How Much Will My Trucking Accident Claim Settle for in Raleigh, NC?

There’s no way to precisely value your claim, but an experienced trucking accident injury attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, lost wages, future medical care, paying for help you need around the home, and physical therapy.

Trucking accident claims typically settle for more than equivalent car accident claims. Commercial trucking companies typically have larger insurance policies, which can mean more money for an injured victim.

To approximate a total case value, you can add up your total economic damages and then multiply that figure by 1.5 or 2 (for moderate injuries) to account for pain and suffering, which will give you a rough range of what a jury might award might be or how an insurance company could value your claim. For serious injuries with significant permanent injury, you might multiply your total economic damages by 4 or 5 for those severe cases. For incidents that “shock the conscience,” like car accidents involving drunk drivers, we have seen victims awarded damages 10x or more of their economic damages. In a recent drunk driving case, our team of car accident attorneys in Raleigh negotiated a settlement for our clients that was 13x their medical bills.

5.  What If I’m Partially At-Fault for Causing An Accident with a Commercial Truck in Raleigh, NC?

Whether it’s true or not, you are likely going to be blamed for causing your accident or injuries, even if just partially. You might even believe that you are responsible for the accident. However, there is a big difference between what regular people think about fault and what the law says. For instance, you might think a man stepping into a clearly visible 23 ft x 3 ft open service pit at an auto repair shop that he’s frequented for years is to blame for his own injuries. But the $1,800,000 settlement our team of Raleigh premises liability lawyers secured in that case in 2020 suggests otherwise.

North Carolina does follow the doctrine of contributory negligence, which could prevent you from recovering damages from your accident if a jury believes you are partially to blame. However, an experienced Raleigh trucking accident lawyer understands that defense and how to work around it.

6. How Long Does a Trucking Accident Claim Take to Reach a Settlement in Raleigh, NC?

A small of number of cases resolve very quickly before a lawsuit is even filed. It may take 3-4 months to obtain your medical bills and records and 1-2 weeks to negotiate with the claims adjuster. It may also take 2-3 months to obtain public records regarding the commercial or logging truck’s prior safety records and inspections. However, these cases are in the minority and are usually limited to very specific circumstances (like when liability is clear and the damages are so severe that they clearly are worth more than the limits of available insurance).

In most other cases, litigation can last for a year or more. The more complicated or contested your case, the longer you can expect it to take. You do have some control over the length of your case because it’s up to you to accept or reject settlement offers.

7. How Long Do I Have to File a Trucking Accident Claim in Raleigh, NC?

There is limited amount of time you have to file a claim, also known as the statute of limitation. In North Carolina, for most trucking accident cases, you have 3 years from the accident or injury to bring a claim. For accidents that resulted in death, you have 2 years from the date of the death. There is no wiggle room or do-overs when it comes to deadlines to file a trucking accident claim, so it is in your best interest to get a Raleigh trucking accident attorney involved as early as possible after your accident.

8. What Is the Process for a North Carolina Trucking Accident Claim?

Trucking accident liability in North Carolina is determined by the state's laws and regulations, which outline the rules and guidelines for determining who is responsible for damages and injuries resulting from a trucking accident.

According to North Carolina's laws, the driver who is found to be at fault for the accident is responsible for any damages or injuries that occur as a result of the accident. This includes medical bills, property damages, and other costs related to the trucking accident.

THE GENERAL Trucking ACCIDENT CLAIM PROCESS

1. Notify insurance carriers

2. Insurance adjuster inspects vehicles and estimates damages

3. The property damage amount is negotiated and settled

4. If there are injuries, the injured driver receives medical treatment

5. Once the medical treatment is concluded or the injured driver reaches maximum medical improvement (MMI), the bodily injury claim is negotiated and settled

6. If the property damage or bodily injury claim is not settled, then a lawsuit is filed

9. How Much Does a Trucking Accident Lawyer in Raleigh, NC Charge?

Many Raleigh trucking and commercial vehicle accident attorneys will agree to work on your case with no money up front or out-of-pocket. If you succeed in your case, they will take a percentage of the compensation you receive either in your settlement or judgment from a jury verdict. This is also known as a contingency fee. In most of our cases, we charge a contingency fee equal to 1/3 of the amounts we recover on your behalf. That means we have a financial incentive to help you recover every amount you’re owed, not one penny less.

10. What Does a Raleigh Trucking Accident Lawyer Do to Help?

Hiring an experienced Raleigh trucking accident lawyer can provide you with numerous benefits. Injury attorneys know how to conduct initial investigations and save important evidence (before it could be destroyed) that might be needed for your case. They are able to work with experts, law enforcement, and first responders to prove what happened in your accident. They can assist with getting you the appropriate medical care and treatment.

Good North Carolina trucking accident attorneys can also negotiate with the at-fault parties, their lawyers, and insurance adjusters to get you fair compensation for your injuries. But perhaps most importantly, an injury lawyer can take the weight and burden of the legal aspects of your case off your shoulders so you to focus on your recovery.

11. What Happens After I File a Trucking Accident Claim in Raleigh, NC?

In a North Carolina trucking accident lawsuit, the injured party (victim) files a formal demand for compensation called a Complaint. Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced North Carolina trucking accident lawyer, like our team in Raleigh, NC, can help, guide, and prepare you through this process.

12. What is the Statute of Limitations in North Carolina for Trucking Accident Claims?

There is limited amount of time you have to file a claim, also known as a statute of limitation. In North Carolina, for most trucking accident cases, you have 3 years from the accident or injury to bring a claim. For accidents that resulted in death, you have 2 years from the date of the death. There are different and separate time limits for contracts cases, criminal cases, and cases about property damage.

13. What is the Average Settlement for a Trucking Accident Claim in Raleigh, NC?

Determining the average settlement for a North Carolina trucking accident claim is difficult because there are so many different types and severity of injuries. In North Carolina, according to statewide statistics, trucking accident cases settle for an average of $105,000, but a number of facts go into the value of a case. Those include:

• The amount of insurance coverage the trucking company has

• The severity of your injuries and damages you sustained

• Who is at-fault and how bad their conduct was

However, cases may settle for more than the average when a good North Carolina trucking accident injury lawyer is on your side.

14. Why Do You Need a Lawyer for a Trucking Accident in Raleigh, NC?

It is important to contact an experience trucking accident lawyer that are knowledgeable about this unique kind of accident as soon as possible following an accident. Truck accident cases are significantly more difficult to handle than other motor vehicle accident cases.  This is because commercial trucking accidents involve a complicated matrix of federal regulations, highly specialized mechanical equipment, and often more significant and complicated medical issues due to the extensive and catastrophic personal injuries that many trucking accidents victims will face. Our team of trucking accident lawyers are former defense attorneys who spent years defending logging and trucking companies across North Carolina and South Carolina, so we know what works and what buttons to push with insurance companies.   

15. Does Pain and Suffering Include Medical Bills (and What’s the Difference)?

No, pain and suffering is different from economic damages like medical bills and lost wages. Pain and suffering relates to the hassle, anxiety, stress, actual pain, and trauma you suffered as a result of the injury. But you have a right to claim full compensation for your injuries, which means medical bills, other economic damages, permanent disability, AND pain and suffering. Pain and suffering is on top of and in addition to your economic damages, like medical bills.

16. How Do You Calculate Pain and Suffering for a Trucking Accident Claim in Raleigh, NC?

There is no magic formula for determining what amount of pain and suffering is fair in your case. In general, pain and suffering is proportional to the injuries you suffered. If your injuries are severe and/or caused permanent disability, the more pain and suffering compensation would be fair to award in your case. In a case with severe injuries and lifelong suffering, you might be awarded pain and suffering that is 5x or more of your economic damages (medical bills, lost wages, etc). In minor injury cases, your pain and suffering may be slightly less or equal to the amount of your medical bills.

However, sometimes there is a disconnect between what is just and fair in your case vs. what an insurance company or at-fault party will actually pay. A good Raleigh trucking accident lawyer has experience and even tools that can investigate recent judgments and settlements in your area to give you the best leverage in settlement negotiations so you can recover what is fair.

17. Why Are Trucking Accidents So Dangerous in Raleigh, NC?

Our Raleigh, North Carolina accident lawyers know firsthand that large trucks like 18 wheelers, semi-tractor trailers, and other box trucks are more likely to result in fatalities than smaller passenger vehicles.

Large commercial vehicles like big rigs, tankers, flat beds, semi-tractor trailers, dump trucks, 18-wheelers, buses, and other large box trucks are significantly more dangerous than smaller, passenger vehicles.  This is because these vehicles are much heavier and therefore have greater momentum. 

This momentum generates force which must be dispersed in an impact.  That force can result in serious or catastrophically damage to whatever it hits.  Even at a low speed, a large truck will have generated more momentum than a smaller passenger vehicle traveling 4x or 5x faster.  This means even a minor bumper tap can still result in catastrophic personal injuries that cause permanent disability.

18. Why Are Trucking Accidents So Common in Raleigh, NC?

1. The pressure to make deliveries on time and maximize the number of deliveries a driver can make (to make more money) means safety rules are sometimes ignored by companies and drivers

2. Commercial drivers often fail to account for bad or unusual road conditions like traffic changes or bad weather, which lead to accidents

3. Malfunctioning or poorly maintained equipment or trucking parts frequently cause accidents, which commercial drivers fail to check during pre-trip inspections

4. Poorly secured loads and falling debris from commercial trucks also frequently cause accidents

19. Can I File a Trucking Accident Claim Without a Lawyer in Raleigh, NC?

Yes, you can file a trucking accident lawsuit without a lawyer. However, if you bring your case on your own, you’re subject to the same rules and standards as you would be if you had an attorney. You are required to follow the same formalities and rules when filing court documents. The rules of discovery, admission of evidence, and civil procedure will still apply to you in your case. If you make a mistake, there is a chance that you case will be dismissed or thrown out. While you can file a civil lawsuit without an attorney, your best chance to recover the maximum amount possible is working with an experienced trucking accident lawyer.

20. How Do I Find the Best Raleigh Trucking Accident Lawyer for My Case?

Like every profession, injury lawyers vary in experience, skills, style, dedication, and levels of customer service so “best” can mean different things to different people. It’s a good idea to see if the injury lawyers you are considering have positive client testimonials, good (and recent) case results, and are passionate about helping others. It depends on whether you want to hire a law firm that works with thousands of clients every year or a smaller firm that only focuses on a limited number of cases. The relationship between lawyer and client requires a significant amount of trust and communication over an extended period of time, so the most important factor is choosing a lawyer that “feels right” to you.

What Are Federal Trucking Regulations (FMCSA)?

Since trucking is an interstate business, there is a federal agency that promulgates regulations that apply to all commercial vehicles no matter what state they are from, going to, or presently driving in.  The regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA) are the minimum requirements that all truck drivers and trucking companies must comply with. 

The majority of these regulations pertain to safety or orderly administration of the roadways.  This means that violations of these regulations can be used by Raleigh, North Carolina accident lawyers to help prove liability.  This is because a violation of a FMCSA regulation is evidence of negligence under the doctrine of negligence per se, a common law (or judge-made) doctrine which creates automatic liability for certain regulatory or statutory violations.  Although the violation of a regulation is just evidence of negligence, a violation of a North Carolina law can automatically establish liability in certain instances.

Common Violations of FMCSA Regulations That Cause Accidents in Raleigh, NC

There are many common types of regulations that can result in serious trucking accidents.  Some of the most common FMCSA regulations include the following:

Hours of Service (HOS) violations

These regulations detail for how long and how often a truck driver and operate a motor vehicle without needing a rest.  The regulations are meant to protect against truck driver fatigue.  Violations of these regulations are directly placing individuals at risk of serious personal injuries in a crash. 

Alcohol and Drug use violations

The FMCSA prohibits the use of drugs or alcohol while on a shift, but also prohibits the use of alcohol even within 4 hours of starting a shift.  Drivers cannot have any BAC, while the legal limit for other drivers is .08.  This are the strictest drunk driving rules in the United States, as it contemplates even when a driver is going to start operating a truck.  Any violation here could result in serious personal injuries or the wrongful death of an innocent person.

Improperly secured lashings and devices

Commercial trucks are meant to haul cargo.  Thus, the FMCSA regulations focus a large part of the regulations on securement devices and cargo storing.  When truck drivers and trucking companies use inadequate supplies, it can result in serious personal injuries when unsecured cargo goes flying and strikes an innocent person.

Failure to Complete Inspections

The FMCSA regulations require truck drivers to inspect their vehicles and their cargo every time they go on and come off shift.  They also most inspect their cargo within the first 50 miles and after either a certain amount of time driving or after a certain number of miles. The failure to complete these inspections can result in liability for a regulatory violation.

Cell phone use

Truck drivers are prohibited under the FMCSA from texting while driving.  Any truck driver that does so, and any trucking carrier that allows a driver to continue to do so or requires a truck driver to text, can be liable for a violation.  Trucking accidents caused by distracted driving are often catastrophic and almost always preventable.

Improper or Insufficient Training

Truck drivers often operate as independent contractors but some are employed directly by a logging or carrier company. These drivers typically will complete training for their commercial drivers license (CDL) and then never receive new or refresher training again over the course of their careers. This is dangerous because studies show that repeated or refresher training is associated with better memory and recall as well as better work and safer work.

Other FMCSA Regulations, Like Safety Checks and Pre-Trip Inspections

Many other FMCSA regulations that apply to equipment checks, driving in inclement weather, , licensure, delivery schedules, and other grounds that all must be followed to avoid FMCSA violations and regulations.

Raleigh Trucking Accident Statistics

Truck accidents are one of the most dangerous - and often fatal - forms of vehicle collisions on North Carolina roadways. Motor vehicle accidents are one of the leading causes of accidental injury and death in the United States.  According to the National Highway Traffic Safety Administration (NHTSA), each year almost 39,000 people are killed and nearly another 2.3 million are injured in traffic accidents.  Of these fatalities and injuries, the same statistics also report over 830 deaths and roughly 45,000 injuries are caused in collisions with large trucks, and over 10,350 deaths and 813,500 injuries caused in collisions with light trucks. 

Right here in North Carolina, each year there are approximately 1,500 people killed and over 125,230 people injured in traffic accidents. Of these crashes, over 15,500 involved a type of truck or tractor trailer resulting in almost 110 fatalities and nearly 6,500 injuries. These traffic fatalities and injuries in North Carolina have soared in recent years, including last year being the worst year for traffic deaths in North Carolina in 15 years. This unfortunately includes an increase in trucking accidents which have become particularly devastating.

We can help. Our experienced truck accident lawyers in Raleigh, NC can help you deal with the stress and pain of your physical recovery while also helping you navigate the financial side of your injury, like how you’ll pay for the medical treatment you need today as well as the treatment you might need in the future. As former insurance defense attorneys, our North Carolina injury lawyers know how insurance companies think and use that experience to help clients get every penny they deserve.

Raleigh Trucking Accident Cases
We Handle

We can help with any trucking accident claim, but the accidents listed below are the most common trucking accident claims we handle in North Carolina:

• Overload trucks

• Semi-trucks

• Farm equipment

• Tractor trailer

• Unsafe lane changes

• Violations of federal trucking regulations

• Delivery trucks

• Logging Trucks

• Fleet Vehicles

• Maintenance Trucks

• City and Municipal Vehicles

• Garbage Trucks

• School Buses

Raleigh Trucking Accident Lawyer Prices

For transparent, upfront pricing on what our Raleigh personal injury attorneys charge to help you with your accident, please click below.

Trucking Accident Lawyer FAQs

• Do I Need a Personal Injury Lawyer?

• How Long Do I Have To File a Personal Injury Claim?

• What Should I Do After a Car Accident?

• Mistakes To Avoid Following an Accident

• What Damages Can I Recover After a Car Accident?

• Accidents Involving Children and Minors

• What Should I Do If Someone Dies in an Accident?

• What Is Contributory Negligence?

• How Much Does a Personal Injury Lawyer Charge?

Areas Our Raleigh Trucking Accident Lawyers Serve:

• Raleigh

• Cary

• Durham

• Chapel Hill

• Sanford

• Clayton

• Pittsboro

• North Carolina

• South Carolina

The Best Raleigh Trucking Accident
Lawyers Will:

1. THOROUGHLY INVESTIGATE YOUR ACCIDENT

2. EXPLAIN YOUR OPTIONS

3. GUIDE YOU THROUGH THE CLAIMS PROCESS

4. NEGOTIATE WITH THE INSURANCE COMPANY

5. FILE A LAWSUIT IF NECESSARY

6. ABOVE ALL ELSE, FIGHT FOR YOU

Client Testimonials for Our Raleigh Trucking Lawyers

• “Osborn Gambale Beckley & Budd PLLC is a model on how firms should operate”

• “Not only an excellent lawyer but a great human being”

• “As thorough and professional as I’ve ever seen”

• “He went out of his way to make sure I understood every detail and navigate through the steps”

• “It is hard to come by lawyers who are both professional and personable nowadays-- these guys get it right”

Why Our Trucking Accident Lawyers Provide Free Consultations

Free legal consultations play a vital role in ensuring access to justice as well as promoting fairness, justice, and the well-being of accident victims. That’s why our award-winning Raleigh personal injury lawyers always provide free consultations for potential clients

Schedule a Free Consultation With Our Raleigh Trucking Accidents Lawyers

If you were injured in a trucking accident or in a collision with a commercial vehicle, our experienced Raleigh commercial trucking accident lawyers in Raleigh, NC can help you recover the compensation that you deserve for pain and suffering, medical bills, lost wages, and other damages.