Truck accident
Truck Accident Attorneys in Winston-Salem, North Carolina
The firms in this guide
1. Law Offices of John Tatum
Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck collisions, commercial vehicle accidents, tractor-trailer crashes, catastrophic injuries, wrongful death, car accidents, motorcycle accidents
Case Types Handled: Driver fatigue accidents, distracted driving accidents, brake failure accidents, overloaded truck accidents, jackknife accidents, rollover accidents, rear-end truck collisions
Legal Services: Federal Motor Carrier Safety Regulations investigation, trucking company negligence claims, driver log analysis, vehicle maintenance record investigation, black box data retrieval, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering damages, wrongful death claims
Background: Serves Winston-Salem and surrounding Forsyth County communities. Experience handling complex truck accident litigation in North Carolina courts. Knowledge of federal trucking regulations and state personal injury laws.
Location: Winston-Salem, NC
Contact: Contact via website for consultation
Consultation: Free consultation available
2. Daggett Shuler Attorneys at Law
Practice Focus: Truck accidents, commercial vehicle accidents, 18-wheeler crashes, tractor-trailer accidents, car accidents, motorcycle accidents, wrongful death, personal injury
Case Types Handled: Driver negligence accidents, trucking company negligence, mechanical failure accidents, fatigued driver accidents, distracted driving accidents
Legal Services: Accident investigation, evidence gathering, federal trucking regulations analysis, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering damages, wrongful death claims
Background: Established law firm serving Winston-Salem and the Piedmont Triad region. Handle personal injury and wrongful death cases throughout North Carolina.
Location: Winston-Salem, NC
Contact: Contact firm for consultation
Consultation: Free case evaluation
3. Lewis & Keller Attorneys at Law
Practice Focus: Truck accidents, semi-truck collisions, commercial vehicle accidents, 18-wheeler crashes, catastrophic injuries, wrongful death, personal injury
Case Types Handled: Driver fatigue accidents, hours of service violations, mechanical failure accidents, brake failure accidents, overloaded truck accidents
Legal Services: Federal trucking regulations investigation, driver log analysis, vehicle maintenance record review, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering damages, wrongful death claims
Background: Serving clients in Winston-Salem and throughout North Carolina. Handle complex truck accident cases involving multiple liable parties.
Location: Winston-Salem, NC
Contact: Contact firm for consultation
Consultation: Free consultation available
4. Lanier Law Group, P.A.
Practice Focus: Truck accidents, semi-truck accidents, 18-wheeler accidents, commercial vehicle accidents, catastrophic injuries, wrongful death, personal injury
Case Types Handled: Driver fatigue accidents, distracted driving accidents, mechanical failure accidents, improper cargo loading accidents, brake failure accidents
Legal Services: Trucking company negligence investigation, federal trucking regulations analysis, driver log review, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wages, pain and suffering claims, wrongful death claims
Background: Representing clients since 1997. Attorneys have successfully represented thousands of clients in personal injury matters throughout North Carolina. Maintain multiple office locations across the state.
Location: Serves Winston-Salem, NC (offices throughout North Carolina)
Contact: (919) 335-7553 | https://www.lanierlawgroup.com
Consultation: Free consultation, contingency fee basis
5. Hardison & Cochran
Practice Focus: Truck accidents, tractor-trailer accidents, commercial vehicle accidents, 18-wheeler crashes, catastrophic injuries, wrongful death, workers compensation, personal injury
Case Types Handled: Driver negligence accidents, trucking company negligence, fatigued driver accidents, distracted driving accidents, mechanical failure accidents, soft shoulder accidents
Legal Services: Federal Motor Carrier Safety Administration investigation, evidence gathering, driver log analysis, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering damages, wrongful death claims
Background: Established personal injury firm with offices throughout North Carolina. Extensive experience handling truck accident cases and complex personal injury litigation. Knowledge and skill in navigating North Carolina’s contributory negligence laws.
Location: Serves Winston-Salem, NC (multiple North Carolina locations)
Contact: 252-333-3333 | https://www.lawyernc.com
Consultation: Free case evaluation
Weekly Hours, Inspection and Accident Records, and Wrongful Death Claims in Winston-Salem Truck Crash Cases
A Winston-Salem truck crash claim can look back over the driver’s past week of hours, the truck’s inspection history and the carrier’s accident register. North Carolina law sets the notice duty after the crash and, when a crash is fatal, who brings the claim and what it recovers.
Weekly Hours
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.
Inspection, Accident Records and Testing
Under 49 CFR 396.17, each commercial motor vehicle, including each unit of a combination, must have passed a periodic inspection within the preceding 12 months. Under 390.5 and 390.15(b), a crash with a fatality, an injury treated immediately away from the scene or disabling tow-away damage is an accident the carrier records in a register kept for 3 years. Under 382.303, a fatal crash requires alcohol and drug testing of the surviving driver.
Notice After the Crash
Under North Carolina General Statutes 20-166.1(a), the driver of a vehicle in a reportable accident must immediately, by the quickest means of communication, notify the police department of the city or town where it occurred, or, outside a city or town, the State Highway Patrol, the sheriff’s office or other qualified rural police of the county.
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 the recovery is not applied to the estate’s debts except burial expenses and reasonable hospital and medical expenses up to $4,500. Under 28A-18-2(b), damages include care and treatment expenses, the decedent’s pain and suffering, funeral expenses and the present monetary value of the decedent to those entitled to recover.
Winston-Salem 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; wrongful death has two years from the death under 1-53(4). A State-owned truck changes the forum: the Industrial Commission hears the claim under 143-291, with a three-year filing period under 143-299.
Does my policy cover an uninsured truck driver?
Yes, if it is a bodily injury liability policy on a vehicle registered or principally garaged in North Carolina. Under General Statutes 20-279.21(b)(3), such a policy must include uninsured motorist coverage with bodily injury limits equal to the policy’s highest bodily injury liability limits up to $1,000,000.