Truck Accidents FAQ
1. Is there a deadline for making a claim?
In North Carolina, there is a deadline—or statute of limitations—for making a bodily injury or property damage claim. For personal injury cases, you must either settle or file a lawsuit within three years from the date of the accident. For wrongful death cases, you must do this within two years of the date of death. There are exceptions to these general rules, so it is important to talk to an experienced North Carolina truck accident lawyer to examine the statute of limitations in your case.
2. What are Federal Motor Carrier Safety Regulations?
Federal Motor Carrier Safety Regulations (FMCSR) are federal laws that monitor interstate commercial drivers and their companies in addition to state laws placed on the trucking industry. There are some exceptions, but as a general rule, FMCSR applies to most interstate product or passenger transportation.
FMCSR regulations include:
- Alcohol and Drug Testing
- Hazmat Tractor-Trailers
- Hours of Service and Log Books
- Required Inspections
- Truck Driver Requirements and Qualification Files
The North Carolina truck accident lawyers at HensonFuerst can help you interpret these complicated regulations. We’ll work hard to prove your case and get you the compensation you need for your injuries.
3. What are the federal requirements to drive a tractor-trailer?
According to FMCSR, a commercial motor vehicle operator must fulfill all of the following requirements:
- Be at least 21 years of age
- Have thorough experience and/or training to be able to safely operate a commercial vehicle
- Have passed an approved pre-employment physical examination and pass routine medical exams every 24 months thereafter
- Have a valid commercial motor vehicle driver’s license in only one state
- Have prepared and furnished an employer with a list of any violations of motor vehicle traffic laws in the last 12 months
- Read and speak English sufficiently to converse with the general public, understand traffic signals, respond to official inquiries, and make entries on reports and records
It is the responsibility of both the driver and the trucking company to ensure these requirements are met.
4. Do you also represent tractor-trailer drivers when they are injured due to the negligence of others?
We represent anyone who is hurt through the negligence of another. We regularly represent drivers of tractor-trailer accidents when they are injured, whether it is related to a personal injury claim, workers’ compensation claim, or Social Security Disability claim. We believe that the majority of tractor-trailer operators are hard-working people who operate their trucks safely.
5. What is my truck accident case worth?
The amount of compensation you can receive from a truck accident depends on the severity of your injuries and the factors surrounding your case. A North Carolina truck accident attorney from HensonFuerst will review your medical records, obtain police reports, and conduct a full investigation in order to help prove your case and get you the compensation you need.
6. What should I do if I’ve been injured in a truck accident?
After a truck accident, it’s important to make sure your rights to compensation are protected. To defend your best interests, the North Carolina truck accident lawyers at HensonFuerst suggest following these steps if you have been injured in a truck accident:
- Seek medical attention.
It’s important that you seek medical attention immediately if you are hurt or in pain. Make sure you tell your doctor about all the symptoms and problems you’re experiencing. Some injuries take time to present themselves, and having a doctor’s opinion may help your case.
- Describe the accident details.
Record exactly how the accident happened, either in writing or by using a detailed diagram. Be sure to include facts, such as what lane you were traveling in and the path of the other vehicles involved.
- Collect evidence.
Take photographs of your injuries, the accident scene, and the cars involved in the accident.
It’s also helpful to preserve any items related to your medical treatment, such as pill bottles, receipts, glass removed from cuts, or physical aides you used during your recovery process.
- Obtain a copy of the police report.
Police officers at the scene of the accident will usually complete a written report of the accident. If they didn’t, or you were unable to get a copy at the accident scene, your local police station can assist you in filing or obtaining an official report.
- Call HensonFuerst.
The North Carolina truck accident attorneys at HensonFurest can help answer any questions you have regarding your accident claim. Call us at (919) 781-1107 or complete a free initial consultation form today.