Truck accident

Truck Accident Attorneys in Raleigh, North Carolina

North Carolina 5 firms 5 min read

The firms in this guide

  1. Edwards Kirby Call Edwards Kirby: (919) 780-5400
  2. The Law Offices of James Scott Farrin Call The Law Offices of James Scott Farrin: 919-834-1184
  3. Hardison & Cochran Call Hardison & Cochran: (800) 434-8399
  4. Whitley Law Firm Call Whitley Law Firm: (800) 785-5000
  5. Owens Miller Call Owens Miller: (919) 719-2750

1. Edwards Kirby

Practice Focus: Truck accidents, 18-wheeler collisions, semi-truck crashes, commercial vehicle accidents, catastrophic injury litigation, wrongful death claims from trucking incidents

Case Types Handled: Tractor-trailer accidents, delivery truck collisions, cargo vehicle crashes, driver fatigue accidents, distracted driving incidents, mechanical failure crashes, brake failure accidents, tire blowout incidents

Legal Services: Accident investigation, evidence preservation, federal trucking regulation compliance analysis, driver qualification file review, hours of service violation investigation, insurance claim negotiations, litigation, trial representation, settlement negotiations, wrongful death claims

Background: Edwards Kirby is a trial law firm serving the Raleigh area and Triangle region. The attorneys focus on personal injury litigation and have experience handling complex trucking accident cases that require understanding of federal motor carrier safety regulations.

Location: Raleigh, NC

Contact: (919) 780-5400 | https://www.edwardskirby.com

Consultation: Free consultations available


2. The Law Offices of James Scott Farrin

Practice Focus: Truck accidents, car and auto accidents, motorcycle accidents, DWI crashes, pedestrian and bicycle accidents, catastrophic injuries, workers’ compensation

Case Types Handled: Truck accidents, car accidents, motorcycle accidents, crashes caused by impaired drivers, pedestrian and bicycle accidents, burn injuries, dog bites, catastrophic injuries

Legal Services: Personal injury claims on a no-win, no-attorney’s-fee basis, a special investigative team, representation in Spanish and English

Background: James Scott Farrin is a North Carolina injury firm that states it has helped more than 78,000 injured people since 1997. Its Raleigh office is on Wade Park Boulevard.

Location: 5438 Wade Park Blvd, Suite 400, Raleigh, NC 27607

Contact: 919-834-1184 | https://www.farrin.com/locations/raleigh-nc/

Consultation: No win, no attorney’s fee


3. Hardison & Cochran

Practice Focus: Truck accidents, semi-truck collisions, commercial vehicle crashes, 18-wheeler accidents, tractor-trailer incidents, catastrophic injuries, wrongful death claims

Case Types Handled: Commercial truck accidents, delivery truck crashes, cargo vehicle incidents, driver fatigue accidents, hours of service violations, mechanical failure crashes, improper cargo loading incidents

Legal Services: Accident investigation, evidence preservation, federal trucking regulation analysis, driver qualification review, insurance claim handling, litigation, trial representation, settlement negotiations, workers’ compensation coordination when applicable

Background: Hardison & Cochran is a personal injury firm serving the Triangle and Triad regions of North Carolina. The firm has offices throughout the state and handles trucking accident cases requiring familiarity with both North Carolina law and federal motor carrier regulations.

Location: Raleigh, NC (multiple office locations throughout NC)

Contact: (800) 434-8399 | https://www.lawyernc.com

Consultation: Free consultations available; contingency fee basis


4. Whitley Law Firm

Practice Focus: Truck accidents, car accidents, wrongful death, workers’ compensation, construction accidents, personal injury

Case Types Handled: Truck accidents, car accidents, wrongful death, workers’ compensation claims, construction accidents

Legal Services: Free and confidential case consultation, personal injury claims across North Carolina, a free “Attorney on Call” book, service in Spanish

Background: Whitley Law Firm is a Raleigh personal injury firm whose attorneys include Bob E. Whitley and Benjamin H. Whitley and cite more than 120 years of combined experience. It serves communities across North Carolina, including Durham, Cary and Greensboro.

Location: 1000 Social St., Suite 200, Raleigh, NC 27609

Contact: (800) 785-5000 | https://whitleylawfirm.com/

Consultation: Free case evaluation


5. Owens Miller

Practice Focus: Truck accidents, commercial vehicle collisions, 18-wheeler crashes, semi-truck accidents, catastrophic injuries, wrongful death from trucking incidents

Case Types Handled: Large truck collisions, tractor-trailer accidents, delivery vehicle crashes, commercial fleet incidents, driver fatigue cases, trucking regulation violation cases

Legal Services: Comprehensive accident investigation, evidence preservation, federal trucking regulation analysis, driver qualification review, insurance claim negotiations, litigation, trial representation, settlement negotiations, wrongful death claims

Background: Will Owens is an attorney with membership in the Academy of Truck Accident Attorneys, demonstrating specialized focus on trucking litigation. The firm handles complex truck accident cases throughout North Carolina with particular attention to federal motor carrier safety regulation issues.

Location: Raleigh, NC

Contact: (919) 719-2750 | https://www.owensmiller.com

Consultation: Free consultations available


Driver Qualifications, Weekly Hours and State Agency Claims in Raleigh Truck Crash Cases

A Raleigh truck crash claim can look at whether the driver was qualified, how many hours the driver had worked over the past week, and which records the carrier kept. When the truck belongs to a State department, North Carolina sends the claim to the Industrial Commission under its own rules and deadlines.

Who May Drive

Except as provided in subpart G, 49 CFR 391.11(b) qualifies a person to drive a commercial motor vehicle only if the person is at least 21, can read and speak English sufficiently, can safely operate the vehicle by experience or training, is physically qualified, holds one currently valid commercial license, is not disqualified and has completed a road test or presented an accepted equivalent.

Weekly Hours and Records

Under 49 CFR 395.3(b), a property-carrying driver may not drive after 60 hours on duty in 7 consecutive days if the carrier does not operate every day, or after 70 hours in 8 consecutive days if it does; 395.3(c) allows a restart after 34 or more consecutive hours off duty. Under 395.8(k)(1), duty-status records are kept at least 6 months, and under 390.15(b) the accident register is kept for 3 years.

Claims Against State Agencies

Under North Carolina General Statutes 143-291(a), the Industrial Commission hears tort claims against the Board of Transportation and other State departments, institutions and agencies, and awards damages if a State employee’s negligence within the scope of employment proximately caused the injury and there was no contributory negligence by the claimant. Under 143-299, the claim is filed with the Industrial Commission within three years after accrual, or within two years after death for wrongful death.

When a Crash Is Fatal

Under General Statutes 28A-18-2(a), the wrongful death action is brought by the personal representative or collector of the decedent, and under 28A-18-2(b) recoverable damages include care and treatment expenses, the decedent’s pain and suffering, reasonable funeral expenses and the present monetary value of the decedent to those entitled to recover.


Raleigh Truck Accident Questions

What if the carrier says I was partly at fault?

The carrier must prove it. Under General Statutes 1-139, the party asserting contributory negligence has the burden of proof. If the carrier does prove it, the claim can fail entirely: in Smith v. Fiber Controls Corp. (1980), the Supreme Court of North Carolina, relying on a torts treatise for the rule that contributory negligence bars recovery, let a jury verdict for the defendant stand.

When does the three-year deadline start?

Under General Statutes 1-52(16), a personal injury claim accrues when bodily harm becomes apparent or ought reasonably to have become apparent, whichever occurs first, and 1-52(5) allows three years; a wrongful death claim has two years from the death under 1-53(4).

Who must be notified after a truck crash inside Raleigh?

The police department of the City of Raleigh. Under General Statutes 20-166.1(a), the driver in a reportable accident must immediately notify the police department of the city or town where it occurred.