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 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 in order 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 have if they had been fully awake, these regulations regulate when a truck driver must rest and take breaks in order to make sure drivers are properly rested.
The hours of service regulations state the following:
- Truck drivers can work up to 14-hour 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 than 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.
Identifying Common Causes of Truck Accidents
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.
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.
Truck Accidents Require Extensive Investigation
To build a strong case, 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.
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 quickly 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.
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 case. 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
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