Truck Accident Lawyer
Aggressive Truck Accident Lawyers for Victims in NC, SC & GA
Commercial truck accidents are among the most catastrophic types of motor vehicle collisions. When an 80,000-pound tractor-trailer collides with a passenger vehicle, the results are often fatal or life-altering. Survivors may face traumatic brain injuries, spinal cord damage, amputations, and extensive surgeries requiring years of rehabilitation. At Dr. Ted Injury Law, our truck accident attorneys have the experience, resources, and determination to take on the powerful trucking companies and their insurance carriers to secure the compensation our clients deserve.
Trucking accident cases are far more complex than typical car accident claims. They involve federal regulations from the Federal Motor Carrier Safety Administration (FMCSA), multiple potentially liable parties, and corporate legal teams with vast resources. You need an attorney who understands these complexities and has a track record of success in truck accident litigation.
Common Causes of Truck Accidents
Truck accidents are frequently caused by negligence on the part of the truck driver, the trucking company, or third-party maintenance providers. Common causes include:
- Driver fatigue — Despite Hours of Service regulations that limit how long a driver can operate without rest, many trucking companies pressure drivers to exceed these limits.
- Distracted driving — Truck drivers who use cell phones, GPS devices, or dispatching equipment while driving create serious hazards.
- Impaired driving — Alcohol and drug use, including prescription medications, can impair a truck driver's ability to safely operate their vehicle.
- Improper loading — Overloaded or improperly secured cargo can shift during transit, causing the truck to become unbalanced and roll over.
- Poor maintenance — Trucking companies are required to maintain their vehicles in safe operating condition. Brake failures, tire blowouts, and steering malfunctions are often the result of deferred maintenance.
- Speeding and aggressive driving — Trucks require significantly longer stopping distances than passenger vehicles.
- Inadequate training — Some trucking companies fail to properly train their drivers.
Multiple Liable Parties
Unlike car accidents where liability typically falls on one or two drivers, truck accident cases can involve multiple responsible parties:
- The truck driver — for negligent or reckless driving
- The trucking company — for negligent hiring, inadequate training, or failing to maintain vehicles
- Cargo loaders — for improperly loading or securing freight
- Maintenance companies — for negligent repairs or inspections
- Vehicle or parts manufacturers — for defective components
- Government entities — for poorly designed or maintained roads
State Laws Affecting Truck Accident Claims
North Carolina
North Carolina's contributory negligence rule under N.C. Gen. Stat. § 1-151 applies to truck accident cases. If you are found even slightly at fault, you could lose your right to compensation entirely. The statute of limitations is 3 years.
South Carolina
South Carolina's modified comparative negligence standard under S.C. Code § 15-38-15 allows recovery if you are less than 51% at fault. South Carolina recognizes respondeat superior, meaning trucking companies can be held vicariously liable for their drivers' negligent actions. The statute of limitations is 3 years.
Georgia
Georgia applies modified comparative negligence under O.C.G.A. § 51-12-33, allowing recovery if you are less than 50% at fault. Georgia courts have been receptive to negligent entrustment claims against trucking companies. The statute of limitations is 2 years.
Federal Trucking Regulations
Commercial trucking is heavily regulated by the FMCSA. Violations of federal regulations serve as powerful evidence of negligence. Key regulations include Hours of Service rules, electronic logging device (ELD) requirements, drug and alcohol testing mandates, vehicle inspection and maintenance standards, and cargo securement rules. Our attorneys know how to obtain and analyze trucking company records, driver logs, black box data, and maintenance records to build the strongest possible case.
Compensation in Truck Accident Cases
Because of the severity of injuries, compensation amounts tend to be significantly higher than in car accident cases. Victims may recover damages for medical expenses, lost income, pain and suffering, permanent disability, disfigurement, and loss of consortium. Punitive damages may be awarded in cases involving egregious conduct such as falsified driver logs.
Contact Dr. Ted Injury Law Today
If you or a loved one has been injured in a truck accident, time is of the essence. Critical evidence such as electronic logs, surveillance footage, and vehicle data can be destroyed if not preserved quickly. Contact us today for a free consultation. We work on a contingency fee basis.
Related Case Results
Our client was driving home from work on Interstate 85 near Charlotte when an 18-wheeler whose driver had exceeded federal hours-of-service limits ran a red light at a highway interchange, causing a devastating multi-vehicle collision. Our client suffered a severe traumatic brain injury, multiple fractures, and required months of intensive rehabilitation. Through exhaustive investigation, we uncovered falsified driver logs and a pattern of safety violations by the trucking company. After a two-week trial, the jury returned a verdict of $12.5 million, one of the largest trucking accident verdicts in North Carolina history.
A 42-year-old mother of three went to a Charlotte-area hospital for a routine gallbladder removal. Due to the surgeon's negligence, her bile duct was severed during the procedure, leading to a life-threatening infection, multiple corrective surgeries, and permanent digestive complications. Our team retained leading surgical experts who testified that the surgeon deviated from the standard of care. The case was resolved through mediation for $9.2 million, providing our client with the resources to cover her ongoing medical needs and compensate her family for the profound impact on their lives.
A commercial truck driver lost control of his vehicle on a steep descent near Asheville when the truck's brakes failed due to inadequate maintenance. The truck struck our client's vehicle head-on, killing the 38-year-old father of two. Our investigation revealed that the trucking company had repeatedly deferred required brake inspections and that the driver had reported brake issues weeks before the accident. We settled with the trucking company and the maintenance provider for a combined $8.7 million for the surviving family.
A construction worker at a high-rise project in downtown Charlotte fell 40 feet when his safety harness, manufactured by a major equipment company, failed due to a defective buckle mechanism. He suffered a catastrophic spinal cord injury resulting in permanent paralysis from the waist down. We pursued claims against both the equipment manufacturer and the general contractor, ultimately recovering $7.8 million through settlement. The case led to a voluntary recall of the defective harness model.