Truck accidents occur every day. However, when a truck accident happens to you, the severity of that accident may affect you both physically and emotionally.
You are entitled to recover compensation for your injuries and losses. Handling a truck accident claim in North Carolina gets complicated quickly.
Don’t risk your potential recovery; contact an experienced Charlotte truck accident attorney at Mehta & McConnell today.
Charlotte sits at the intersection of two major Southeast freight corridors: I-85, which connects Atlanta to the Northeast and carries some of the highest commercial truck volume in the Carolinas, and I-77, a primary route for goods moving between Charlotte and Columbia or the Virginia border. Crashes involving 18-wheelers, flatbeds, and tanker trucks occur regularly on these interstates and on connecting roads near Charlotte Douglas International Airport, where freight traffic concentrates on Josh Birmingham Parkway and I-485. If your crash happened on any of these corridors, the trucking company’s black box data and ELD records are among the first pieces of evidence your attorney will seek to preserve.
Key Takeaways
- Truck accident claims in Charlotte are significantly more complex than standard car accident cases, because they often involve multiple potentially liable parties including the driver, trucking company, and cargo loaders.
- Federal trucking regulations govern hours of service, weight limits, and maintenance requirements, and violations of these rules can serve as powerful evidence of negligence in your claim.
- North Carolina requires all parties involved in a truck accident to stay at the scene, and early evidence collection from the crash site is essential to building a strong case.
- Compensation in a Charlotte truck accident case can include economic damages such as medical bills and lost wages, as well as noneconomic damages for pain and suffering, and in some cases punitive damages.
- Having a Charlotte truck accident attorney in your corner from the start, helps ensure that evidence is preserved before the trucking company’s insurer has a chance to control the narrative.
What To Do After a Truck Accident on Charlotte’s I-85, I-77, or I-485
A Charlotte truck accident attorney understands that many people are confused and shaken following a truck accident.
Immediately following an accident, the most important thing to do is assess whether you need medical assistance.
Here is what to do after a truck accident:
1. Call 911 For Help
A semi-truck accident often results in severe injury and, in some cases, fatalities. North Carolina requires parties to report their accident to law enforcement.
Law enforcement assesses the scene of an accident. Therefore, unless in an unsafe location, leave your vehicle in the same position it was when the accident occurred.
Additionally, police ask questions of involved parties and witnesses used to create an accident report.
The accident report represents a crucial piece of evidence used in a lawsuit if you intend to file a claim.
2. Stay At The Crash Scene
While waiting for law enforcement or medical assistance, you must not leave the scene of an accident.
Leaving the scene of an accident in North Carolina is a crime. Therefore, it’s essential to remain at the scene until authorities arrive.
3. Gather Evidence
If you are able, gather as much evidence at the scene of the accident as possible.
A North Carolina truck accident lawyer knows that the scene immediately following a truck accident provides the most useful information.
Take photos of the damage to all vehicles and snapshots of the surrounding areas. Additionally, write down information and memories regarding the truck accident as soon as possible.
Memories fade, and details get foggy. The details regarding the accident are freshest immediately following the accident.
On interstate highways in the Charlotte area – including I-85, I-77, and I-485 – crashes involving commercial trucks are typically investigated by the NC State Highway Patrol rather than CMPD. The SHP accident report contains commercial vehicle information fields, including the truck’s registration, carrier name, and DOT number, that are specific to trucking cases and different from a standard CMPD crash report. Your attorney requests this report and cross-references the carrier’s DOT safety record through the FMCSA’s public database.
4. Exchange Information
Obtain the name, address, phone number, and insurance information from the truck driver involved in the accident.
Additionally, record the driver’s license and license plate information of the parties involved. Insurance information such as carrier, policy number, and the insured party is also helpful.
5. Don’t Make Statements
When speaking to parties at the scene of the accident, do not make statements regarding fault.
Even if you believe you know who was at fault for the accident, it’s best to answer these questions and assess your recollections after your adrenaline settles.
6. Contact a Charlotte Truck Accident Attorney
A Charlotte truck accident lawyer assists clients in their lawsuit for damages following a truck accident.
North Carolina truck accident lawyers know the best way to assess the evidence to build a strong case in your favor.
The stronger the case, the greater the likelihood for a favorable settlement or award of money damages.
Representing yourself in a car accident may result in smaller rewards or dismissal of your case on technicalities.
Common Types of Truck Accidents on Charlotte’s Major Freight Corridors
Truck accidents occur more commonly than many think. There are many common types of truck accidents, including the following:
- Jackknife: Typically caused when a truck driver brakes suddenly, jackknifes occur when a semi-truck folds so the cab and the trailer form a 90-degree angle.
- Truck rollovers: When a truck driver loses control of their truck, the truck may roll on its side, often taking other vehicles with it until it stops.
- Tire blowout: A tire blowout can occur without warning, causing the truck to weave uncontrollably.
- Wide turn: When a truck driver fails to assess their surrounding adequately, a wide turn may result in trapping other vehicles or hitting pedestrians.
- Blind spots: The blind spots on large trucks are significant. Truck drivers must carefully evaluate their surroundings before changing lanes, making turns, or reversing.
- Lost load: When a truck loses its load off a trailer, it may substantially damage vehicles behind the truck.
- Rear end: If a truck must slam on its brakes, this may result in rear-ending another vehicle as the truck cannot stop quickly.
- T-bone and head-on collisions: A truck driver may crash into another vehicle head-on or side-swipe another vehicle due to a failure to stop. This may cause substantial damages and injuries.
Truck accidents may occur for other reasons, including inexperience, improper training, and improper loading.
A Charlotte truck accident attorney works to protect your rights after a truck accident and ensure you receive the best possible recovery for your losses and damages.
Full Guide to Wrongful Death Claims and Accidents
Why Charlotte Truck Accident Victims Choose Mehta & McConnell
- Detailed Knowledge of Trucking Regulations and Insurer Tactics: Our attorneys know federal hours-of-service rules, load requirements, and maintenance standards inside and out, and they know how trucking company insurers respond to claims in the Charlotte area.
- Former Defense Counsel Now Advocating for Injured Victims: Both Viral Mehta and Jason McConnell defended employers and insurers before co-founding Mehta & McConnell. They use that experience to anticipate and counter the other side’s arguments in truck accident cases.
- Handling Complex Multi-Party Claims: Truck accident cases often involve multiple defendants including drivers, trucking companies, and cargo handlers. We identify all liable parties and pursue maximum compensation from each applicable source.
- Board-Certified and Recognized Across North Carolina: Our attorneys are NC State Bar-certified specialists recognized by Super Lawyers, with a history of successful outcomes for seriously injured clients throughout the Charlotte metro area.
- Free Consultation, Contingency Fee Basis: There is no charge for your initial case review. You pay nothing in attorney fees unless we recover money on your behalf.
What Federal and NC Rules Must Truck Drivers Follow on I-85 and I-77?
Federal and state laws dictate requirements truck drivers must adhere to when operating their vehicles.
Multiple requirements exist, including the following:
- Mileage: Truck drivers must maintain an accurate and regularly maintained log of their mileage, including locations visited.
- Hour limitations: Truck drivers may only operate their trucks for a limited number of hours per day. Commonly referred to as the 11/14 rule, the rule provides that truck drivers may not drive more than 11 hours in a day without taking a 10-hour break. Additionally, drivers may not drive more than 14 hours in a 24-hour period.
- Maintenance: Truck drivers must maintain their vehicles pursuant to the Federal Motor Carrier Safety Administration.
- Speed limits: Truck drivers must maintain certain speed limits. These limits vary from residential to highway commuting, and truck drivers must understand those varying requirements.
- Driving requirements: In North Carolina, truck drivers must possess a commercial driver’s license to operate a commercial vehicle like a large truck for hauling property and other goods. Depending on the type of materials transported, additional endorsements may be required.
In North Carolina, compliance with CDL requirements and vehicle weight limits is enforced by the NC Division of Motor Vehicles’ Commercial Vehicle Enforcement unit, which operates weigh stations on I-85 near the Charlotte metro area. Violations recorded at those weigh stations – or a history of failed inspections on the specific vehicle involved in your crash – can be obtained through your attorney’s discovery requests and used to establish a pattern of negligent maintenance by the trucking company.
Truck drivers must adhere to these rules to ensure the safe transportation of their goods and the safety of other individuals on the road.
If a truck driver injures you in a truck accident, your Charlotte truck accident attorney reviews these points in determining whether the driver upheld their obligations as a commercial truck driver.
Proving Truck Driver Negligence
Your Charlotte truck accident attorney must prove the other driver’s negligence to recover in a truck accident. Additionally, you must verify that your negligence did not contribute to the accident.
Four elements exist to satisfy a negligence claim. These include the following:
- The driver had a duty of care to you and others on the road
- The driver breached that duty of care
- The breach resulted in the truck accident
- You suffered damages from the truck accident
All drivers have a duty of care to drive their vehicles and trucks responsibly when on the roadway.
Upholding this duty of care requires simple actions such as obeying the road rules, paying attention to surroundings, and maintaining the condition of the vehicle.
Additionally, truck drivers must adhere to specific federal and state laws that apply specifically to large trucks.
North Carolina is a contributory negligence state. If your conduct contributed, even slightly, to your accident, contributory negligence laws would bar you from recovery.
For example, if you failed to use your blinker, were speeding, or followed too closely, your negligent conduct bars your recovery.
An experienced North Carolina truck accident lawyer understands the complexity of establishing a case for negligence in a truck accident while defending you against claims of contributory negligence.
Retaining representation with a qualified attorney improves your chances of recovering compensation for your injuries and damages.
Truck accidents can get complicated fast. It’s important to have a proper attorney who understands the truck collision laws in North Carolina. Speak with a highly-rated lawyer with over 30 years of experience at 980-291-4558.
Exceptions to Contributory Negligence
There are multiple exceptions to a claim of contributory negligence.
If the other driver establishes your contributory negligence, you may raise these exceptions to effectively cancel the other driver’s attempt to bar your recovery.
1. Last Clear Chance Doctrine
The last clear chance doctrine provides that if it is proven that the negligent driver had the last clear chance to avoid the accident, they remain liable for the accident.
Liability remains despite proof of contributory negligence. Several elements are required to satisfy the last clear chance doctrine. These include:
- You were in danger but were unable to escape the danger
- The other driver knew about the danger
- The other driver had a reasonable opportunity to avoid the danger but did not
For example, let’s presume you ran a stop sign. While in the intersection, the other driver approaches and has plenty of time to stop to avoid an accident. However, the other driver is distracted by a phone call and crashes into you.
Although you were negligent when you ran the stop sign and the other driver was negligent for looking at their cell phone, you may still recover compensation.
2. Gross Negligence
The other driver’s conduct represents egregious or willful and wanton conduct, causing your injury and damages.
Defendant exhibits willful and wanton conduct when they consciously and intentionally disregard others’ safety by doing something they know is likely to cause harm. Drunk driving represents the most common example of gross negligence.
3. Diminished Capacity
An exception to contributory negligence exists if you suffer from cognitive impairment. The court considers your conduct and determines whether the behavior was reasonable for someone with that cognitive impairment.
If deemed reasonable, your contributory negligence does not bar your recovery.
Workers’ Compensation and Workplace Injuries
What Compensation Can I Receive After a Truck Accident in Charlotte, NC?
After a truck accident, your Charlotte truck accident attorney assists you in recovering compensation for your injuries and damages.
1. Economic Damages
Economic damages represent out-of-pocket expenses, including the following:
- Past and future medical expenses
- Past and future lost wages
- Property damage
- Other related expenses
Economic damages are easily quantifiable. Therefore it’s important to retain all receipts and records of expenses for recovery after your accident.
2. Non-Economic Damages
Non-economic damages represent subjective damages that are more difficult to quantify. These include:
- Pain and suffering
- Emotional distress
- Disfigurement
- Loss of companionship
- Loss of consortium
- Loss of enjoyment of life
Based on the subjective nature of non-economic damages, the review of the evidence for these damages depends on the jury. In many situations, non-economic damages may exceed economic damages.
3. Punitive Damages
In certain situations, punitive damages may be recoverable after a truck accident. Punitive damages serve to punish the defendant for their willful and wanton conduct.
Typically, punitive damages far exceed damage awards for economic and non-economic damages as they also intend to deter future willful and wanton conduct.
Evidence for willful and wanton conduct must be proven by clear and convincing evidence.
What You Need to Know About North Carolina Workers’ Compensation Laws
Contact An Experienced Charlotte Truck Accident Attorney Today
Get Help from a Charlotte Truck Accident Attorney Today
If injured in a truck accident, seeking the legal counsel of an experienced, qualified Charlotte truck accident attorney may make a substantial difference in your compensation recovery.
With over 30 years of combined legal experience, the attorneys at Mehta & McConnell, PLLC, understand the complexity of truck accident claims in North Carolina.
We handle all client cases efficiently and cost-effectively to save our clients time and stress. We speak with our clients directly and take care of your case every step of the way.
We understand that following a truck accident, you may be suffering both physically and emotionally. We are here to help.
Contact the attorneys at Mehta & McConnell, PLLC, for a free consultation to discuss your truck accident details.