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Raleigh Truck Accident Lawyer: Get the Compensation You Deserve

Protecting Truck Accident Victims Across North Carolina

Sharing the road with other cars can be nerve-wracking. Sharing it with tractor-trailer trucks—subject to large blind spots, tired drivers, runaway behavior, and swerving—can be downright terrifying. Against the momentum of an 80,000-pound semi-truck, your vehicle barely stands a chance. In just one small maneuver, you can get catapulted off the road or worse.

If the truck accident is not your fault, you and your passengers deserve compensation for any injuries you sustain. The Raleigh truck accident lawyers at Thorp Law are devoted to helping victims of injury get all that they are entitled to for injuries sustained in tractor-trailer truck wrecks.

Thorp Law offers a reduced attorney fee on catastrophic injury cases. Start discussing your case with a proven lawyer at no cost and with no obligation. Contact Thorp Law today to get started with our truck accident lawyer in Raleigh.

Understanding Hours of Service Regulations for Truck Drivers

It’s no secret that truck accidents are some of the most dangerous accident types a motorist can suffer through. Because of this, the Federal Motor Carrier Safety Administration (FMCSA) heavily regulates truck drivers and their trucks to help reduce the number of accidents on the road.

The hours of service regulations are one of these important regulations. Since tired drivers are much more likely to cause an accident either by falling asleep at the wheel or driving more carelessly than they would if they had been fully awake, these regulations regulate when a truck driver must rest and take breaks to make sure drivers are properly rested.

The hours of service regulations state the following:

  • Truck drivers can work up to 14 hours in one day; however, only 11 hours can be spent actually driving. The remaining three hours must be spent on meal or rest breaks.
  • When the workday ends, drivers must rest for at least 10 consecutive hours before returning to work.
  • Additionally, drivers must take days off work at regular intervals. If a trucking company is open seven days a week, a driver is only allowed to work 70 hours in an eight-day period before taking at least 34 consecutive hours off. If a trucking company is open less than seven days a week, then a driver is only allowed to work 60 hours in a seven-day period before taking 34 hours off.

All too often truckers are caught breaking these rules, putting others needlessly at risk. In rarer circumstances, the hours of service regulations are modified in times of national emergencies, such as in the recent COVID-19 crisis. This is done to help get supplies to where they need to go faster. Whatever the cause, our firm can help you pursue the compensation and justice you deserve after an accident.

These regulations are not merely suggestions but essential safeguards designed to protect everyone on the road. Understanding them can often be crucial in holding negligent parties accountable. Therefore, we at Thorp Law diligently evaluate these aspects when building a case, leveraging any violations as powerful evidence in your favor.

Identifying Common Causes of Truck Accidents

Unforeseen road conditions and the unique challenges posed by extensive highway systems are often overlooked contributors to truck accidents. Factors such as road construction, detours, or varying speed limits can surprise even the most cautious drivers, leading to potential hazards. Moreover, a truck driver's lack of familiarization with specific routes can exacerbate these issues, highlighting the need for thorough pre-trip planning and adherence to current travel advisories.

Some of the most frequent causes include:

  • Driver Fatigue: Truck drivers often work very long hours and could be pressured to meet tight deadlines. Fatigue can affect reaction times and decision-making abilities, leading to accidents.
  • Distracted Driving: Distractions such as using a mobile phone, eating, or adjusting the radio can distract a truck driver’s attention from the road, increasing the risk of collisions.
  • Speeding and Reckless Driving: Exceeding the speed limit or driving aggressively can cause truck drivers to lose control of their vehicles, especially in unfavorable weather conditions or on difficult terrain.
  • Improper Maintenance: Trucks demand regular maintenance to ensure they are safe to operate. Neglecting necessary repairs or failing to conduct routine inspections may result in mechanical failures, such as brake malfunctions or tire blowouts.
  • Overloading or Improper Loading: Exceeding weight limits or improperly securing cargo can affect a truck’s stability and handling, making it more prone to rollovers and other types of accidents.
  • Substance Abuse: The use of alcohol or drugs, including prescription medication, can impair a driver’s ability to operate a truck safely, significantly increasing the likelihood of an accident.
  • Poor Weather Conditions: Rain, snow, fog, and ice can create hazardous driving conditions. Truck drivers must adjust their driving to accommodate these conditions; failure to do so can result in accidents.

Raleigh Truck Accident Insights: Navigating Local Roads Safely

In Raleigh, the bustling streets and highways are often shared with large commercial trucks, making it essential for local drivers to stay vigilant. The North Carolina Department of Transportation (NCDOT) works tirelessly to maintain road safety, but accidents can still happen. With the increasing number of trucks on the road, residents may find themselves facing the aftermath of a truck accident, which can lead to significant physical, emotional, and financial challenges.

Local drivers often express concerns about the dangers posed by truck drivers who may be fatigued or distracted. The pressure to meet delivery deadlines can lead to reckless driving behaviors, which are particularly concerning on busy routes like I-440 and I-40. Additionally, the unique weather conditions in the Raleigh area, including sudden rainstorms and occasional icy patches, can exacerbate the risks associated with truck accidents.

Understanding the local regulations and resources available can help victims navigate the aftermath of a truck accident. The Raleigh Police Department and the North Carolina Highway Patrol are key entities that respond to accidents and ensure that safety regulations are enforced. If you find yourself involved in a truck accident, it’s crucial to report the incident to these local authorities and seek medical attention for any injuries.

At Thorp Law, we recognize the specific challenges Raleigh residents face when dealing with truck accidents. Whether it’s understanding the complexities of insurance claims or coping with the emotional toll of an accident, we are here to provide support. Our team is committed to helping you secure the compensation you deserve, allowing you to focus on recovery while we handle the legal aspects of your case.

Furthermore, Raleigh's robust infrastructure plan includes key projects that aim to improve traffic flow and safety. By staying informed about these developments, Raleigh drivers can better equip themselves to navigate roadways more safely, reducing the potential for accidents, and ensuring a smoother driving experience for all.

The Role of Electronic Logging Devices in Preventing Accidents

Electronic Logging Devices (ELDs) serve as critical tools in promoting safety and accountability in the trucking industry. By automating the recording of driving hours and rest periods, ELDs provide an accurate account of a driver's compliance with hours of service regulations. This ensures that drivers are adequately rested, significantly reducing the risk of fatigue-related accidents. In North Carolina, where trucking corridors like I-85 and I-95 are heavily trafficked, the use of ELDs is particularly vital.

Additionally, these devices enable fleet managers to monitor vehicle health and driver performance in real-time, facilitating timely interventions when discrepancies or maintenance issues arise. ELDs also store historical data that can be instrumental during accident investigations, providing a precise timeline of events and identifying any regulatory breaches. This wealth of data supports legal proceedings by offering objective insights into the conditions surrounding an accident, bolstering a victim’s pursuit of fair compensation.

Safety Tips for Sharing the Road with Trucks

Sharing the road with large trucks necessitates heightened awareness and strategic driving practices to ensure safety for all parties. Due to trucks' size and weight, they require more time to stop and have larger blind spots compared to regular vehicles. Raleigh drivers should maintain a safe distance when trailing a truck and avoid lingering in its blind spots, often located directly behind and alongside the vehicle.

It's also crucial to signal intentions clearly and early, giving truck drivers ample time to react. On highways such as US 1 and I-40, where traffic can be dense and fast-moving, using these practices can help prevent collisions. Furthermore, anticipate wide turns; trucks need additional space to navigate turns safely, so provide room and stay patient. With Raleigh's mix of urban and suburban road environments, adopting these measures enhances safety while contributing to smoother traffic flow overall.

Common Injuries in Truck Accidents

Some of the most common injuries sustained in truck accidents include:

  • Traumatic Brain Injuries (TBI): These can range from mild concussions to severe brain damage.
  • Spinal Cord Injuries: Injury to the spinal cord could lead to partial or complete paralysis.
  • Broken Bones and Fractures: The impact of a truck accident can cause multiple fractures, often requiring surgery and prolonged recovery periods.
  • Internal Injuries: Harm to internal organs, like the liver, kidneys, and spleen, can be life-threatening and may require emergency medical intervention and long-term treatment.
  • Whiplash and Neck Injuries: Sudden jolts during a collision can cause whiplash, resulting in chronic pain and reduced mobility.
  • Burns and Lacerations: Accidents involving truck fires or hazardous materials can result in severe burns.
  • Amputations: In some instances, the severity of the injury may necessitate the amputation of a limb.
  • Emotional and Psychological Trauma: The aftermath of a truck accident can also include significant emotional distress, like post-traumatic stress disorder (PTSD), anxiety, and depression.

The consequences of these injuries are far-reaching, affecting victims' daily lives, family dynamics, and even their future earning potential. Rehabilitation from such injuries might include physical therapy, occupational therapy, and in some severe cases, long-term care or assisted living services. Addressing these needs is as critical as pursuing financial compensation, as it helps victims adapt to new life circumstances and regain as much normalcy as possible.

Truck Accidents Require Extensive Investigation

To build a strong claim, you need more than eyewitness testimony. Accidents happen quickly, often at night or when it’s raining. Witnesses rarely get the complete picture of how an accident happened.

You need unbiased investigators to thoroughly and efficiently gather physical evidence from the scene and to carefully inspect the vehicles that were involved in the accident. Skid marks need to be photographed and carefully measured before heavy rains cause them to fade.

Additionally, analyzing traffic camera footage, both public and private, often provides invaluable insights into the sequence of events that led to an accident. These cameras sometimes capture detailed actions leading up to a crash, supplementing physical evidence gathered from the scene. Moreover, obtaining police reports can shed light on initial findings, contributing to a more comprehensive understanding of the incident and assisting in determining liability accurately.

The Importance of "Black Box" Evidence

The most crucial piece of evidence is often a tractor-trailer’s “black box,” an instrument that records precise data about a vehicle’s speed and direction, and what its driver did in the seconds leading up to impact. This information can be overridden – accidentally or otherwise – if it isn’t downloaded and preserved before the truck goes back into service.

“Black box” evidence can often establish key facts about what the truck driver was doing in the final seconds before a wreck occurs:

  • How fast he was driving.
  • Whether he was accelerating.
  • Slowing down.
  • Or slamming on the brakes.

If this evidence isn’t collected and preserved, critical information about how the wreck happened may be permanently lost. Trucking company investigators often get to the scene an hour or so after a serious accident occurs.

It is unrealistic to expect that you will be able to get an investigator there as quickly as they can. Yet acting promptly can make the difference between a weak case and a strong one. If notified and retained early enough, we can return to the scene of the accident and gather evidence.

We have a systematic approach to accident investigation, which is designed to quickly preserve critical evidence for our clients. Thorp Law can access our statewide network of forensic experts to reconstruct the mechanics of the truck accident and download crucial evidence from the truck’s “black box” computer.

Details like this are very important in a truck accident case as the damage to the victims can be extensive and there may be several parties involved who will be fighting to limit their liability.

Moreover, proper documentation from the truck’s Electronic Logging Device (ELD), which records hours of service and rest periods, can further substantiate driver fatigue claims or regulatory violations. This, combined with GPS data which tracks location and vehicle movements, provides a comprehensive overview of the driver’s habits and adherence to safety protocols, thereby strengthening your position.

Commercial Truck Driving Regulations

Trucks are subject to both federal and state laws that regulate commercial truck driving. Unfortunately, many truck drivers are pressured to break these rules in order to meet deadlines. As a result, people are put in harm’s way in the interest of corporate productivity.

A truck driver or trucking company that violated federal trucking regulations can be essential to your claim. While investigating your case, we attempt to find out:

  • If the truck driver took the required breaks.
  • If the truck’s cargo was over the maximum weight limit.
  • If the truck driver received and passed the required physical exam in the last two years.
  • If the truck driver consumed alcohol or another substance that impairs driving within 8 hours before getting behind the wheel.
  • How many days in a row the truck driver had been driving without adequate rest.

Understanding these regulations is crucial, as non-compliance can result in substantial fines and liability for both the driver and the company. It's imperative to scrutinize company ledgers, driver logs, and maintenance records as part of this process. Our investigation is thorough and considers every possible breach of protocol that may have contributed to the accident, aligning our strategy to maximize your claim’s effectiveness.

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