Abigail Grifno is a writer and teacher based out of the Washington, DC metro area. With experience in legal non-profit organizations, Abigail works to ensure everyone has access to the legal information needed to make informed decisions in their daily lives. As a writer, Abigail has had work featured in the Washington City Paper, Bethesda Magazine and others. With a Master's in Teaching English, Abigail believes effective communication is at the forefront of problem-solving in the legal sphere and beyond.
Abigail Grifno
Abigail Grifno is a writer and teacher based out of the Washington, DC metro area. With experience in legal non-profit organizations, Abigail works to ensure everyone has access to the legal information needed to make informed decisions in their daily lives. As a writer, Abigail has had work featured in the Washington City Paper, Bethesda Magazine and others. With a Master's in Teaching English, Abigail believes effective communication is at the forefront of problem-solving in the legal sphere and beyond.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
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Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
It’s common to see commercial trucks when driving in Charlotte. Unfortunately, accidents involving trucks can be more dangerous and damaging than other car accidents.
If you’ve been involved in a truck accident, it might make it difficult to enjoy the beautiful city of Charlotte or complete your normal day-to-day tasks.
While truck accidents can be overwhelming, Forbes Advisor hopes to make the situation easier by offering our vetted list of the best truck accident lawyers in Charlotte.
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Best Truck Accident Attorneys in Charlotte
Compare Top Truck Accident Attorneys
Filing a Truck Accident Lawsuit in North Carolina
A truck accident can be more complex than a car accident, because there are a variety of laws that apply to truck drivers. Truck drivers are required to follow more stringent regulations and laws. Truck drivers have to qualify for a specialized license to showcase their abilities and understanding of the law.
Sadly, trucking accidents can be more dangerous and costly than car accidents, raising the stakes of the situation for the plaintiff and the insurance companies.
Because trucking accidents can be more complicated than other accidents, there are some things to keep in mind as you begin, or continue, your legal journey.
North Carolina Statute of Limitations
Like most civil cases, trucking accidents must be filed before the statute of limitations expires. A statute of limitations is the deadline by which you have to file your case before you are no longer able to pursue compensation.
The statute of limitations varies depending on the case you are filing, but exists to ensure that a fair trial, if necessary, is possible. Over time, witnesses can forget details, medical information can be lost and documentation can be misplaced, preventing a judge or mediator from having an accurate understanding of the case.
In North Carolina, victims of a trucking accident have three years from the date of the accident to file their claim.
For instance, if you were in a trucking accident on April 1st, 2022, you have until April 1st, 2025 to file your case. The case need not reach a conclusion by that point, but the process be begun.
Even though an individual has three years to file a trucking accident case, it’s wise to begin the process as soon as you can. Starting the case early on can ensure that you are able to get any documentation and can connect with any witnesses who may have critical information.
North Carolina Laws for Truck Drivers
- Valid Commercial Driver’s License (CDL). Truck drivers in North Carolina, whether volunteer or paid, are required to hold a valid CDL to transport passengers or goods. A CDL is not required for driving recreational vehicles, military equipment, emergency equipment or farm vehicles, but a driver is still required to hold a regular license in the appropriate class.
- Driving time limits. Truck drivers are limited to driving 11 consecutive hours if working interstate or 12 hours if only driving in North Carolina. Drivers may drive up to two additional hours if road conditions make it unsafe for them to stop. This law is designed to ensure that drivers are adequately rested before driving.
- Stricter impaired driving. In North Carolina, the legal commercial vehicle driving limit is .04 of blood alcohol concentration. Driving a truck while impaired also carries a hefty fine of $200 and more severe consequences for repeat offenders.
- Insurance requirements. Federal regulations and North Carolina law requires companies to have at minimum $750,000 in liability insurance. For certain substances, like hazardous materials, the minimum can be as high as $5 million in liability coverage.
- Must follow federal regulations. Outside of following North Carolina laws, truck drivers are also held to high standards federally and must follow the Federal Motor Carrier Safety Administration which regulates weight limits, time spent driving and more.
Identifying Fault for a Truck Crash
Generally, when there is a truck accident, one party may have to take responsibility for causing the accident, or both parties may find they are each partially responsible. Whomever is determined to be the victim may be entitled to compensation.
Yet determining fault can be difficult. Sometimes, it’s unclear what the exact events were and other times, individuals may deny any wrongdoing. In these situations, police may evaluate witness statements, camera footage and more to help determine who is at fault for causing the accident.
In North Carolina, determining who is at fault is even more important, as North Carolina follows a pure contributory negligence doctrine. Under this doctrine, a victim can only recover damages if they prove the other party was 100% at fault. For instance, if a truck driver ran a red light, causing a crash, but the individual who was hit had been speeding, the victim may be found partially responsible for their injuries. In this situation, the victim may be unable to recover any compensation from the other party.
North Carolina does allow for an exception to the pure contributory negligence doctrine, which is that if one driver had a clear opportunity to avoid the collision, but didn’t, then they are at fault.. Failing to act may lead to liability even if the victim was partially responsible for their injuries.
How Can an Attorney Help You?
While working with an attorney for a trucking accident isn’t necessary, it can make a big difference in your case. Often, truck companies have dedicated lawyers whose goal is to protect the company’s assets. Without legal experience, you may find yourself at a disadvantage when advocating for compensation.
Truck accident lawyers also usually work on contingency, meaning that you only pay them if they successfully obtain compensation for your injury or damages. Most lawyers take about 33% of the settlement or verdict, but it’s important to check with them to understand their fee structure. Outside of this, you may also have to pay additional fees that are required regardless of if you are filing by yourself.
If you decide to work with an attorney, they’ll be able to walk you through the entire process. With you, they’ll determine an appropriate amount of compensation and then work on negotiations with the insurance company on your behalf. While most cases settle outside of the courtroom, if a reasonable settlement cannot be reached, your lawyer will also help fight for your case in court.
In addition to assisting with settlement negotiations or possibly a trial, lawyers have experience dealing with insurance companies, seeking out witnesses and documentation and handling the paperwork. Your lawyer should be able to ensure the process is completed correctly and that any questions or concerns you have are addressed.
How to Find the Best Truck Accident Lawyer in Charlotte, NC
Finding the right lawyer for you can make all the difference. In Charlotte, there are many talented and qualified lawyers, but all have different skills, styles and workflows. Here are a few things to keep in mind when finding the right attorney for your case:
- Can they litigate? While most cases are settled, it’s never a guarantee that yours will. Ideally, you want an attorney who has experience in the courtroom so you can feel confident if the case is unable to be settled. Successful litigation requires different skills and strategies, so make sure to choose a lawyer who has a strong track record of court experience.
- What is their case experience? Trucking cases can be more complex than other car accidents, making it important to look for an attorney who has experience with trucking accidents or cases that resemble your situation.
- Are they recommended? There are many lawyers in Charlotte, which can make the process of finding one overwhelming. It can be helpful to tap into your network of friends and family to see if anyone has recommendations, advice or other tips to make your lawyer search smoother.
- What are their qualifications? Many lawyers enjoy improving their practice, spreading their knowledge and helping the community. Often, lawyers will list their professional memberships, awards they’ve won or if they have led seminars on legal topics. A lawyer who is heavily involved in the legal community is likely constantly improving their practice, which can lead to better results for you.
- What is their fee structure? While most lawyers work on contingency, meaning that they are only paid when you are, this isn’t always the case. When you first meet with a potential lawyer, make sure you understand their fee and pay structure and what will be expected of you.
Methodology
To come up with the Best Truck Accident Lawyers in Charlotte in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & Honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How long after an accident can you sue in North Carolina
You can sue someone up to three years after the accident occurred, which is the statute of limitations in North Carolina. For example, if you were in a car accident on September 20th, 2018, then you would have had until September 20th, 2021 to sue. There is an exception for minors, who have three years after their 18th birthday to file.
Furthermore, if the case involves a wrongful death claim, then the statute of limitations is reduced to two years.
Is North Carolina a no-fault state?
North Carolina is an at-fault state, meaning that the person responsible for the accident may be required to compensate the victim. North Carolina also utilizes the pure contributory negligence doctrine, meaning that the plaintiff must be found 100% at fault in order for the victim to pursue financial compensation. There are instances when a victim can still pursue compensation even if they are partially at fault, such as if the truck driver had the opportunity to prevent the accident. Each case is unique, which is why we always advise discussing your specific situation with a lawyer.
How is pain and suffering calculated in a North Carolina accident?
There is no one way to calculate pain and suffering, but your lawyer will negotiate with the insurance company for a fair rate to be used in the calculation. For instance, if you believe your suffering was worth $100 a day and your injury took you two weeks to recover from, you could ask for $1,400.
The specific amount you negotiate for pain and suffering may vary depending on how your quality of life was impacted, recovery time and more.
