North Carolina and South Carolina Truck Accident AttorneyWhile all collisions can be dangerous, truck crashes can be particularly devastating because of the sheer size and power of an 18-wheeler. The aftermath of a tractor trailer accident also can be complicated due to the legal regulations governing truck drivers and owners. Experienced truck accident lawyer Brian Steed Tatum has years of experience dealing with complex truck collisions across North Carolina and South Carolina. We are always ready to fight for the rights of our clients, and will work diligently to help them seek the compensation that they deserve.
Truck Crashes Are a Common Cause of InjuryEvery year thousands of people are injured or killed in truck accidents. The NHTSA reports that in 2013, 3,964 people died as a result of truck accidents in the United States, and 138 of these deaths occurred in North Carolina and 65 of these deaths occurred in South Carolina.
Trucking companies and truck drivers must follow federal hours of service rules to ensure that truck drivers have proper rest and sleep before getting behind the wheel. Under these regulations, commercial drivers can work for a maximum of 14 hours per day, of which they are only permitted to drive for a maximum of 11 hours. Additionally, truck drivers must be off duty for at least 10 consecutive hours before the start of a shift. Truck drivers are also subject to regular and periodic drug and alcohol tests as a condition of employment. These regulations are intended to keep everyone on the road safe. However, often these regulations are ignored and dangerous accidents happen.
Pursuing Compensation After a Tractor-Trailer AccidentAfter a collision, the injured party has legal options. The victim can file a lawsuit against the at-fault party under the theory of negligence. Negligence occurs when an individual or entity fails to take proper care when doing something. The standard typically used for conduct in a negligence claim is “reasonable care.” This is defined as what a reasonably prudent person would do in similar circumstances. To win on a negligence claim, the victim must prove the following elements:
- The truck driver owed the victim a duty to use reasonable care while driving;
- The truck driver breached this duty, whether by careless actions or failing to follow applicable regulations;
- The truck driver’s breach caused the accident; and
- The victim suffered injuries and damages as a result.
If a close relative of yours was killed by a negligent truck driver, you may be eligible to file a wrongful death claim. Wrongful death lawsuits are complex, so it is crucial to work with a skilled attorney who understands this area of the law.
A broad range of monetary damages may be available to compensate you for your injuries. These expenses include medical bills, future medical bills, lost wages, future income, pain and suffering, property damage to a car, and any other expenses arising from the accident. To effectively seek these damages, however, you will need to file your negligence claim within the time limit provided by your state’s statute of limitations. These time limits can differ between personal injury actions based on an accident involving you and wrongful death actions based on a fatal crash involving a family member.
Consult An Experienced Injury Lawyer Regarding Your Truck Accident ClaimThe Tatum Law Firm is committed to serving clients throughout North Carolina and South Carolina. We are well versed in the truck accident laws of both states. From dealing with a devastating crash to a simple fender bender, we can help. Our dedicated truck crash attorney Brian Steed Tatum will carefully explore the facts of your case and diligently pursue your claim. For further information or assistance, please do not hesitate to call us at 704-307-4350 or contact us online for a free case evaluation.
- Truck Accidents Investigation
- Bald Tire and Blowout Truck Accidents
- Truck Accident Blind Spots
- Braking Ability
- Commercial Driving Standards
- Drug and Alcohol Testing Procedures
- Falling Debris
- Hazardous Material Requirements
- Lack of Training
- Height and Weight Limits
- Hours of Service Rules
- Inspection and Maintenance Requirements
- Logbook and Record Requirements
- Regulations for Intrastate Trucking
- Squeeze Plays and Wide Turns
- Tractor-Trailer Crashes
- Swinging Turns
- Overweight and Overloaded Trucks
- Commercial Motor Vehicles: Registration and Insurance Requirements
- Length and Width Limits
- Safe Loading of Trucks
- Truck Collisions Caused by Driver Fatigue