Raleigh Truck Accident Attorneys 

Protecting Your Rights After a Truck Accident in Wake County 

Large truck accidents often lead to devastating injuries, extensive emotional harm, and severe financial hardships for victims and their loved ones. If you or someone you love was recently involved in a collision with a semi-truck, tractor-trailer, or big rig, we understand what you are going through—and we want to help.

At Hyland, Padilla & Fowler, PLLC, we represent clients who have been catastrophically injured in large truck accidents as they seek their fair compensation. We also represent families who have lost loved ones in fatal truck accidents to file wrongful death claims against liable parties. If you believe you may have a situation, contact our team immediately to request a free consultation with one of our Raleigh truck accident lawyers. 

Have you or a loved one been injured in a truck accident in Raleigh? Call Hyland, Padilla & Fowler, PLLC today at (919) 891-8361 or contact us online to schedule a free consultation and explore your legal options!

Common Types of Truck Accidents 

A truck accident is any collision or incident involving a truck that can result in property damage, injuries, or fatalities. Trucks are large vehicles typically used for transporting goods, and they come in various sizes and configurations, including semi-trucks, tractor-trailers, delivery trucks, dump trucks, and more. Due to their size and weight, truck accidents can be particularly severe, often causing significant damage and injuries.

In addition to commercial trucking incidents, truck accidents may also involve construction vehicles and farm equipment, which are prevalent in areas near Raleigh. These types of vehicles require different handling and operation compared to regular trucks, making accidents more likely when proper safety measures are not in place or when other drivers are not aware of their presence on the road. Common types of truck accidents include:

• Jackknife Accidents: This occurs when the trailer of a truck swings out to form a 90-degree angle with the cab, resembling the shape of a folding knife. Jackknife accidents are often caused by sudden braking or poor road conditions.
• Rollovers: When a truck tips over onto its side or roof. Rollovers can happen due to factors such as speeding, sharp turns, overloading, or adverse weather conditions.
• Rear-End Collisions: When a truck collides with the vehicle in front of it. This can happen due to factors like speeding, distracted driving, or sudden stops.
• Underride Accidents: This type of accident occurs when a smaller vehicle gets trapped underneath the rear or side of a truck. Underride accidents are especially dangerous for occupants of the smaller vehicle, often resulting in severe injuries or fatalities.
• Blind Spot Accidents: Trucks have large blind spots where the driver's visibility is limited. Accidents can occur when vehicles linger in these blind spots and are not seen by the truck driver during lane changes or turns.
• Wide-Turn Accidents: Trucks require a significant amount of space to make turns, often swinging wide into adjacent lanes. Accidents can happen when other vehicles are in the truck's path during a turn.
• Tire Blowouts: When a tire on the truck fails suddenly, causing the driver to lose control of the vehicle. Tire blowouts can result from factors such as overloading, improper maintenance, or road hazards.
• Mechanical Failures: Issues with the truck's brakes, steering, or other critical components can lead to accidents. Poor maintenance or manufacturing defects may contribute to mechanical failures.

Common Causes of Truck Accidents 

Like most car accidents, large truck accidents tend to stem from negligence. Sometimes, truck drivers fail to follow the rules of the road or make mistakes that jeopardize the safety of other motorists. In other cases, trucking companies engage in negligent practices that indirectly put innocent people at risk. Specifically, some of the most common causes of truck accidents include: 

• Speeding
• Distracted driving
• Drunk driving
• Traffic violations
• Driver errors
• Hours-of-service violations
• Overloaded trucks
• Improperly loaded cargo
• Inadequate truck maintenance
• Negligent or illegal trucking company practices
• Negligent hiring of truck drivers
• Truck defects
• Poorly maintained or defective roadways

Our team works alongside accident reconstructionists to identify how the crash occurred. This allows us to correctly identify the liable party and use necessary evidence from the accident to build consequential claims on behalf of our clients.

Federal Trucking Regulations

The Federal Motor Carrier Safety Administration (FMCSA) is a regulatory agency within the United States Department of Transportation responsible for regulating and overseeing commercial motor vehicles, including trucks. FMCSA regulations ensure the safety of truck operations and reduce the risk of accidents. Here are several FMCSA regulations related to truck accidents:

• Hours of Service (HOS) Regulations: FMCSA limits the number of hours commercial truck drivers can operate their vehicles without mandatory rest breaks. These regulations aim to prevent driver fatigue, a leading cause of truck accidents. Violations of HOS regulations can result in fines and penalties for both drivers and their employers.
• Vehicle Maintenance Standards: FMCSA mandates that commercial trucks undergo regular inspections and maintenance to ensure they operate safely. Failure to maintain trucks properly can lead to mechanical failures, such as brake malfunctions or tire blowouts, increasing the risk of accidents. FMCSA regulations specify standards for maintenance, inspections, and repair procedures.
• Drug and Alcohol Testing: FMCSA requires commercial truck drivers to undergo drug and alcohol testing as part of the pre-employment screening process and randomly throughout their employment. Drug and alcohol use impair driving abilities and increases the likelihood of accidents. FMCSA regulations establish strict testing protocols and consequences for drivers who test positive.
• Commercial Driver's License (CDL) Requirements: FMCSA establishes the qualifications and requirements for obtaining a CDL, which is necessary for operating commercial motor vehicles, including trucks. CDL holders must demonstrate knowledge of safe driving practices and pass skills tests to obtain their license. FMCSA regulations also set standards for driver training and certification programs.
• Electronic Logging Device (ELD) Mandate: FMCSA requires commercial truck drivers to use electronic logging devices (ELDs) to record their hours of service electronically. ELDs help ensure compliance with HOS regulations by accurately tracking driving and rest periods. This mandate reduces the risk of falsified logbooks, which could conceal driver fatigue and contribute to accidents.
• Cargo Securement Rules: FMCSA regulates the securement of cargo on commercial trucks to prevent shifting, falling, or spilling during transit. Improperly secured cargo can cause accidents by shifting the truck's center of gravity or creating hazards for other vehicles on the road. FMCSA regulations specify requirements for cargo loading, securing methods, and weight distribution.
• Hazardous Materials Transportation: FMCSA establishes regulations for transporting hazardous materials by commercial trucks. These regulations govern the packaging, labeling, placarding, and handling of hazardous materials to minimize the risk of accidents, spills, or leaks that could endanger public safety and the environment.

How Truck Accident Cases Differ from Regular Car Accident Claims

Although truck accidents and car accidents are both types of motor vehicle accidents, these claims are very different from one another. Specifically, truck accident cases tend to be much more complex than regular car accident claims due to various complicating factors. Some of these factors include: 

• Injuries: Because of their immense size and weight, large trucks tend to cause massive damage when they collide with other, smaller vehicles. As a result, truck accident victims often sustain catastrophic bodily injuries, such as spinal cord injuries, traumatic brain injuries, multiple fractures, organ damage, and more.
• Damages: Truck accident cases involve more extensive (and expensive) damages than other motor vehicle accident claims. This is mainly due to the violent nature of these crashes, the severity of victims’ injuries, and the overall costs associated with recovery. As a result, truck accident cases tend to be higher in value than other auto accident claims.
• Liability: It is often much more difficult to determine liability in a truck accident case than in a regular car accident claim. This is because, unlike in most car accident cases, the truck driver (i.e., the one who caused the crash) may not be legally responsible for your damages. Instead, their employer (the trucking company) could be liable, as the driver operated the vehicle for their employer’s benefit. Additionally, other third parties could be partially liable. This includes truck and truck parts manufacturers, third-party maintenance and repair professionals, and entities that load and unload cargo.
• Federal Laws and Regulations: In addition to various state laws, trucking companies are beholden to specific federal laws and regulations, such as federal hours-of-service laws, which govern the number of hours a driver may operate a truck, as well as the number of breaks they must take. These laws can significantly complicate truck accident claims.

These and other factors—such as extensive investigations and discovery, multiple-party liability, and aggressive pushback from insurance companies—can significantly impact the complexity of your case. We strongly encourage you to contact an experienced truck accident attorney, like ours at Hyland, Padilla & Fowler, PLLC, for help with your case. 

Major Highways & Truck Accidents in Raleigh

Raleigh’s strategic location and extensive network of highways, including I-40, I-440, and I-540, make it a hub for commercial truck traffic. While these highways facilitate efficient transportation, they also increase the risk of truck-related accidents due to heavy congestion. Drivers on these routes often encounter a mix of long-haul trucks and local delivery vehicles. As such, both fatigue and miscommunication are common issues leading to accidents.

The Raleigh-Durham area is part of the larger Research Triangle region, which experiences significant movement of goods and services. This bustling economic activity attracts more commercial vehicles, contributing to higher incidences of accidents. Motorists often navigate complex interchanges and construction zones, making the highways potentially hazardous if safe driving practices are not followed. Anyone utilizing these routes must remain vigilant and aware of the increased trucking activity.

Preventive Measures & Safety Tips from a Truck Accident Attorney in Raleigh

To mitigate the risk of truck accidents, truck drivers and other road users can adopt several preventive measures and safety tips. Adhering to the Federal Motor Carrier Safety Administration (FMCSA) regulations is paramount for truck drivers. Ensuring regular vehicle maintenance, compliance with hours of service regulations, and avoiding distractions can significantly decrease the likelihood of accidents.

For everyday drivers, understanding a truck’s limitations on the road is crucial. This includes acknowledging blind spots and maintaining a safe distance from these larger vehicles. Avoiding abrupt maneuvers and signaling intentions early can also help in preventing accidents. Moreover, during poor weather conditions, reducing speed and allowing extra space for trucks to maneuver can significantly enhance road safety for everyone.

Contact Our Raleigh Truck Accident Attorneys Today

We represent clients throughout Wake County who have been involved in all types of significant truck accidents, including those involving intoxicated truck drivers, hours-of-service violations, fatigued driving, trucking company negligence, head-on collisions, rear-end collisions, vehicle defects, hazardous material spills, and more. Our attorneys have over 50 years of combined experience and have helped thousands of clients navigate the legal process successfully. We have recovered more than $40 million in settlements and jury verdicts to date. 

As your legal team, we will fight for you. Our goal is to secure the maximum compensation you are owed so that you can get back on your feet. We fight to recover settlements that meet our client’s current and future needs, but we are also ready to go to trial whenever necessary. 

If you’ve been involved in a truck accident in Raleigh, don’t wait. Call our Raleigh truck accident attorneys now to protect your rights and pursue the compensation you deserve!

Frequently Asked Questions for Raleigh Truck Accident Victims

What Should I Do Immediately After a Truck Accident?

In the immediate aftermath of a truck accident, prioritize safety and medical care. Ensure you and other passengers are out of harm’s way and call emergency services if there are any injuries. Document the scene with photographs and gather information from all parties involved, including driver’s license details and insurance information. It’s important to file a police report for legal and insurance purposes.

Once the immediate concerns are addressed, consult with a Raleigh truck accident attorney to evaluate your situation. A knowledgeable attorney, such as those from Hyland, Padilla & Fowler, PLLC, can guide you through the legal process and help secure any compensation you may be entitled to. Prompt legal consultation can make a significant difference in the outcome of your situation.

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

In North Carolina, the statute of limitations for filing a personal injury claim following a truck accident is generally three years from the date of the accident. However, if you are filing a wrongful death claim, the timeframe is typically two years from the date of death. It is crucial to adhere to these deadlines as failing to file within these periods can result in the dismissal of your claim.

There are exceptions and complex scenarios where these time limits may vary. Therefore, consulting with an attorney as soon as possible will help ensure that all procedural requirements are met, allowing you to focus on recovery without worrying about legal deadlines.

What Compensation Can I Pursue After a Truck Accident?

After a truck accident, victims can pursue compensation for various damages. These generally include medical expenses, lost wages, and rehabilitation costs. Additionally, compensation may cover pain and suffering, emotional distress, and loss of consortium. The specific compensation available will depend on the details of the accident and the extent of the injuries sustained.

Evaluating all potential areas for compensation requires a detailed understanding of both the accident’s impact and legal provisions. Hyland, Padilla & Fowler, PLLC can assist in determining which compensatory avenues may be accessible, using experience and local insight to help maximize your claim.

How Does North Carolina's Contributory Negligence Law Affect My Claim?

North Carolina follows the contributory negligence rule, one of the strictest in the United States. Under this doctrine, if you are found to be even 1% at fault for the accident, you may be barred from recovering any damages. This underscores the importance of having a seasoned truck accident attorney to diligently argue your claim and seek to demonstrate that you were not at fault.

Hyland, Padilla & Fowler, PLLC is committed to examining all angles of the accident to effectively challenge allegations of contributory negligence. Their experience in handling such complexities is critical to navigating the legal system and striving for the most favorable outcome possible.