North Carolina Truck Accident Attorney
An experienced North Carolina truck accident lawyer can help you navigate complex personal injury cases arising from truck accidents. These accidents frequently involve multi-state and federal regulations. Truck accidents are very complex, and should only be handled by a lawyer with considerable commercial vehicle accident experience.
If you or a loved one was injured in a crash caused by a tractor-trailer driver, truck driver, or any other business vehicle driver, you should NOT cooperate with the truck driver’s legal representatives, and you should not trust insurance adjusters who are being paid to oppose your claims. You should seek representation from an experienced North Carolina truck accident attorney with a successful track record
The Nagle & Associates law firm focuses exclusively on roadway accident cases, and Carl Nagle and our trial team have collected millions of dollars for truck accident victims. We have vast experience handling these complex, high-value cases, and we offer a reduced fee to our clients in comparison to the competition, leaving more compensation to you when the case closes.
Truck Accident Video Testimonial
Jerry and Cheryl East, Truck Driver
Another truck dropped crates in the road, Jerry ran into those crates which threw one crate off the road and the other one into a car. Jerry ran off the road, through a ditch, a fence and into a tree. Jerry ended up in the hospital for 6 weeks and needed 6 surgeries, 75 doctor visits and 125 physical therapy sessions. Jerry and Cheryl were completely overwhelmed. Nagle & Associates North Carolina truck accident attorneys worked hard on behalf of Jerry and Cheryl so that they could focus on his treatment and healing.
Were You Hit in A North Carolina Tractor-Trailer Crash?
The government recognizes that the sheer size and weight of a tractor-trailer means that any accident involving an 18-wheeler is likely to cause a great deal more destruction than a crash between passenger vehicles — that’s why commercial truck drivers and trucking companies are subject to multiple rules and regulations designed to protect drivers who share the road with these huge vehicles.
Truckers in North Carolina are subject to Federal Motor Carrier Safety Regulations as well as state-specific laws that regulate the maximum speed tractor trailers can drive and drug and alcohol use while behind the wheel. An experienced truck accident lawyer knows all of these state and federal laws, and we know how to identify all truck driver errors and legal violations that contributed to a crash.
If you’ve been involved in a crash with one or more transport trucks, there’s a very good chance that you’ve suffered from significant property losses, multiple injuries, and damages impacting your ability to work, care for your family and enjoy your regular day-to-day activities. While compensation won’t erase the life-altering impacts you’re experiencing, a generous settlement can give you the financial relief you need to take care of yourself, support your loved ones and move on with your life.
HOW A TRUCK ACCIDENT ATTORNEY HELPS CRASH VICTIMS
If Nagle & Associates truck accident lawyers accept your commercial vehicle accident case, we take over all communications with insurance companies and their lawyers, and we handle everything on your behalf from that point forward. Your only job is to work with doctors to recover your health – we take care of everything else. While your lawyer earns a fee for legal services, we seek to vastly increase the amount you collect from the at-fault driver, their employer, and all insurance carriers.
We make the insurance claim process and the legal process much easier for you. Benefits of legal representation include:
- We take immediate control and compel the opposition to respect your case.
- We handle your property damage claims for free.
- We gather all medical records and bills on your behalf – without a North Carolina truck accident attorney, you will have to do this on your own.
- We carefully analyze your medical records – we apply our vast medical experience to your injury case to force all responsible parties to acknowledge the severity of your injuries, and how your injuries have impacted your health and your overall quality of life.
- We gather past medical records if you have a relevant medical history, and prove that even if you had a pre-existing condition, that the truck accident aggravated the prior condition – and that you should be paid for increased symptoms and suffering.
- We secure proper medical opinion evidence to prove that injuries will be lasting or permanent. This is the only way to establish your legal right to collect money for future medical needs and future pain and suffering.
- We retain vocational rehabilitation experts to prove that injuries will cause ongoing loss of earning ability, or that your injuries will likely result in early retirement even though you are currently still able to do your job.
- We retain specialists to prepare medical exhibits to help the opposition and/or a jury understand all surgical procedures, all injuries, and to add impact to our medical case.
- We make sure all responsible parties are identified and forced to contribute toward payment of your damages.
- We identify and access all available insurance policies for the truck driver, for the trucking company, for shippers who hire the trucker, for those who maintain the truck, and your own coverage for health insurance and for Medpay benefits under your own car insurance policy.
- We apply complex North Carolina damages laws to identify every loss you can collect for, to prove each element of damages, and to collect the highest payment for all valid claims.
- We investigate the collision on YOUR behalf, and preserve all collision evidence to ensure success at trial.
- We secure FOIA document requests and learn about the commercial driver’s accident and safety history, the trucking company’s accident and safety history and find out if there is a pattern of profit-based illegal conduct which might support punitive damage claims.
- We secure black-box downloads when appropriate, and also compel the commercial driver and his employer to gather, protect and produce vital documentary evidence. The black-box data provides information about various factors before, during, and after the crash, including the speed of your car, throttle position, brake usage, airbag activation, seatbelt utilization, steering angles, and several other relevant variables. These data points capture a snapshot approximately 20 seconds before the incident, during the event itself, and 20 seconds following the crash.
- We remain in close touch with you during your medical recovery and make sure that you are getting appropriate medical care for all injuries.
- We help you understand how to use your health insurance to fund medical care and maximize your net settlement payment.
If your health insurance carrier claims a right to be paid from your settlement, we make them prove that they have this right and we also negotiate reductions that directly increase your net settlement payment.
- If your health insurance carrier claims a right to be paid from your settlement, we make them prove that they have this right and we also negotiate reductions which directly increases your net settlement payment.
- We know case value because we are a statewide law firm that only handles collision cases and we have monitored trial verdicts in every county for over 30 years.
- Our Experienced North Carolina Truck Accident lawyers field calls on your behalf.
- We become your sole contact point – call us with every question or concern and we are here to help every day with medical questions, insurance issues, and any problems that arise.
- Our North Carolina truck accident attorneys negotiate reductions in unpaid medical bills whenever possible, which helps to eliminate medical debts and increase your net settlement payment.
- We structure your settlement to make sure your settlement money is tax-free.
- We validate your threat that we will bring the case through trial if the truck driver, the trucking company, and their insurers refuse to offer a fair settlement. Our extensive truck accident experience and high-caliber North Carolina truck accident lawyers provide legal leverage that results in higher settlements. If the opposition refuses to settle and we win at trial, they now not only pay you, but also they must pay a lawyer to defend the commercial driver, plus they pay you 8% interest on your verdict, and they also pay other court costs and expenses. We show them that settlement on YOUR terms is their best option.
- If a trial is necessary, our North Carolina truck accident attorneys conduct the trial in your home county and work hard to motivate your jury to grant a generous verdict.
- Former claims adjuster and former insurance company lawyer Carl Nagle makes sure you don’t fall for any of the traps and tricks that insurance companies use to defeat or minimize injury claims.
- We build every case to overcome anticipated defenses, and we present your medical evidence to prove the true nature and extent of all injuries.
- We present our payment demand alongside a strong threat of filing a winning lawsuit. We then field settlement offers and negotiate relentlessly to collect the highest payment in every truck accident case.
CARL NAGLE’S UNIQUE EXPERIENCE AS A TRUCK ACCIDENT ATTORNEY
Carl is a former insurance adjuster and former insurance defense lawyer. During his years in Atlanta, Georgia, he defended truck drivers, trucking companies, business owners, and their insurance carriers. He knows exactly how the commercial vehicle insurance industry works, and how insurance adjusters work to minimize injury claims.
For the last 30 years, Carl has worked only for North Carolina accident victims and their families, and only on serious injury cases arising from roadway accidents. Our boutique law firm focuses on truck accident law, and as a niche practice with a particular focus on commercial vehicle accident cases, we know exactly how to gain full control of your legal case and collect the highest possible payment for your truck accident claims.
Truck Accident Attorney – Video Testimonial
Rick was riding his motorcycle down Hwy 86 and was hit by a tractor-trailer that didn’t see him. Rick slid under the trailer and cut a hole all the way through his foot, it was a traumatic experience. He couldn’t work and was unable to get a response from the trucking company’s insurance.
EXPECT OPPOSITION – TRUCK ACCIDENT CASES ARE HIGH VALUE CASES
Trucking companies and businesses that employ professional drivers carry high-limit liability insurance, often with a million dollars or more to pay injury claims. Also, tractor-trailers, dump trucks, cement mixers, and cargo trucks weigh 10-15 times what typical cars weigh, and when collisions occur the occupants of a car or pickup truck face the risk of severe, permanent injury.
Because the injuries in these crashes are often quite serious, and because the insurance policies are large, commercial insurance companies employ the savviest, experienced adjusters to handle truck accident injury claims. These adjusters are highly trained, earn more than all other adjusters in the insurance industry, and their ONLY goal is to avoid or minimize valid claims. Your adjuster will be friendly and hope to earn your trust, and they will make every effort to pay you as little as possible. Please don’t take your legal advice from the insurance claims adjuster who is being paid to oppose your claims!
PROPER INVESTIGATION FOLLOWING A TRACTOR TRAILER ACCIDENT
Many car accident lawyers make a common mistake when handling a serious injury claim arising from a tractor-trailer crash: they treat the case like a simple car accident claim and fail to make a strong showing early in the case.
To secure the highest settlement offers, you must show that you are prepared for a successful trial. From day one, experienced truck accident lawyers know that they must pursue critical crash evidence to support legal liability, to prove the force of impact, and to hold the truck driver and trucking company fully responsible for every error they committed which contributed to the crash. Early, aggressive investigation shows the other side that they will be held responsible by a jury if they don’t offer a fair settlement. Fortunately, we have the experience and the resources to conduct an immediate, thorough investigation on your
Nagle & Associates North Carolina truck accident attorneys recently handled a case involving a road construction truck that merged from the median directly into freeway traffic. The truck driver’s insurance company tried to blame our client. To preserve evidence of the road construction and the crash scene, we retained Crash Reconstruction Engineers at Delta-V in Charlotte to survey the crash scene, secure overhead drone footage to preserve evidence of how the construction zone appeared when the crash occurred, and secured a black box download on the truck to show the driver’s speed, braking and his unsafe lane change. Although our driver was traveling above the posted speed limit, we were able to apply the last clear chance doctrine and secure a multi-million dollar payment for our client. Before the suit was filed and for a long time afterward, the defense refused any payment for our client’s car or for her injuries. A proper investigation was the key to success in this case.
Most trucks have an Event Data Recorder (commonly called a “black box” or EDR) that records crash data following a collision or a sudden braking event. Once the truck returns to service, in many cases, this critical data is erased and gone forever. Black box downloads are not called for in every case – in some cases the cost is not justified or the evidence might actually harm our client’s case. However, in many cases, we decide that a black box download should be done and we secure the download before the commercial vehicle is put back on the road. Vast experience in the truck accident arena helps us know exactly what steps to take following any commercial vehicle accident. That’s one of the benefits of hiring a successful North Carolina truck accident lawyer for your case.
The Value of Preserving Evidence Immediately After a Truck Accident
When Nagle & Associates takes on a case, we also immediately assert a formal written demand that the truck driver, the trucking company and their insurance carrier collect, preserve, and provide critical documentary evidence including the truck driver’s employment file, the driver’s training records, the driver’s drug/alcohol test results, the bill of lading and information about all cargo on board, the driver’s pre-trip equipment inspection report, driver trip logs and all trip/fuel receipts, driver crash statements, GPS data, and other digital evidence, disciplinary action against the driver relating to the truck accident, accident history for the driver and the trucking company, DOT safety history for the driver and the trucking company and any other documents that might reveal improper truck maintenance, improper driver training, or violations of state and federal safety laws. By requesting this evidence early, we make sure that valuable evidence is not intentionally discarded by the other side.
Strong and immediate legal pursuit of all evidence and all crash-related legal claims gets the attention of the truck driver, his employer, and their insurance company. By showing a thorough understanding of trucking laws, and by a proper and thorough presentation of all collision facts and medical evidence, an experienced truck accident lawyer creates huge increases in case value which motivates the highest and best settlement offers. If the opposition refuses fair payment, we stand ready to bring the truck driver and the trucking company to trial so a jury of your neighbors can hold them financially responsible for your injuries and losses.
WE HELP TO ACCESS MULTIPLE INSURANCE POLICIES
Commercial drivers typically carry large insurance policies and, in some cases, they carry multiple insurance policies. Large trucking companies often insure each truck individually, and they carry an excess liability policy for any truck accident claim that exceeds the primary policy. If you don’t ask, they will not disclose the additional coverage. In serious injury cases, we always locate every applicable insurance policy before settling the case.
In some cases, the tractor/power unit and the trailer are registered separately and, therefore, insured separately. If you only apply the coverage identified on the police report, you miss the opportunity to double the coverage by also accessing the policy covering the trailer. Also, if more than one driver contributed to causing an accident, all insurance policies for each driver apply jointly.
Nagle & Associates North Carolina truck accident lawyers handled a case involving a dump truck that pulled directly into our client’s path. The offer before the suit was filed was $100,000. During the mediation (court-ordered settlement conference), we refused to accept the $1 million which was the limit of available coverage, and advised the owner of the truck that we would pursue company assets. The owner then paused the mediation, checked his records, and found that he had an additional $1 million policy that covered the crash. By pushing the opposition, we found double the coverage that was initially disclosed by the hauling company and their lawyers. In the end, we accepted a settlement offer of $1,700,000 two weeks before the trial was set to begin – more than our client expected, and an offer that finally showed respect for the injuries and troubles she had to endure.
In serious injury cases, the truck accident victim needs generous payment to cover medical needs, to replace lost income, and to allow options for home improvement, travel, and a better quality of life. To make sure all funds are available, we make sure every insurance policy and money source is identified and pursued in every case.
OUR REDUCED FEE MAKES A HUGE DIFFERENCE FOR TRUCK ACCIDENT VICTIMS
Our firm only handles serious injury cases. We do not advertise on the telephone, radio, or billboards. We provide caring service to every client, and our fee structure is better than other North Carolina truck accident attorneys. Personal injury lawyers work on a contingency fee basis. This means we are paid no legal fee until the case is settled or your trial is complete. Most cases settle, with no lawsuit filings and no court involvement. Under this fee structure, your lawyer is motivated to collect the highest possible value for your injury claims.
Also, the key advantage is you put a lawyer to work for you immediately with no up-front fees or costs. Most personal injury law firms charge 1/3 of settlement (33.3%) and 40-44% of any amount collected after a suit is filed. Our firm charges 1/4 of the settlement (25%) and 1/3 (33.3%) of any amount collected after a suit is filed. We file suit only in cases where the insurer refuses fair payment and we know that litigation will increase the amount of money our client receives.
Tractor-trailer and truck accident injury cases are often quite valuable, with settlements and verdicts often reaching hundreds of thousands or millions of dollars. With injuries being more severe, Mr. Nagle feels the attorney should take a smaller share of the victim’s damages. This leaves more money with the truck accident victim, where it belongs. Also, an aggressive North Carolina truck accident lawyer should vastly increase your settlement offers and thereby cover his own fee.
WHAT IS A COMMERCIAL VEHICLE?
Tractor trailers, cargo trucks, construction trucks, and delivery vans are all commercial vehicles. In some cases, we find that privately owned vehicles are commercial vehicles. For example, a driver who uses her own car as a traveling sales representative is insured under her own personal auto policy, and also by the employer’s business liability policy. On the North Carolina Police Report, the owner of the at-fault vehicle is identified in the section directly below the at-fault driver’s information.
If the owner is a business, this indicates that the driver likely is insured under a commercial policy with much higher coverage limits than we see on most personal auto policies. An experienced North Carolina truck accident lawyer can help you navigate all the complexities regarding identifying coverage, determining whether a high-limit commercial vehicle insurance policy applies, and collecting maximum compensation if you get hit by a commercial vehicle.
TRUCK ACCIDENT LAWS ARE MORE COMPLEX
In a typical car accident case, the laws that apply are all North Carolina state laws – traffic statutes that govern driver conduct, evidence laws that determine what type of proof is allowed, and case law that applies to NC car accident cases. In truck accident cases, the same laws apply AND federal laws also must be understood and applied.
Commercial drivers are governed both by state law and by the Federal Motor Carrier Safety Regulations. Failure to understand and apply these laws shows the truck driver’s legal team that you are not ready to present a thorough winning injury case. If your lawyer doesn’t assess and apply all proper laws, your settlement will be less than it should be. We recommend you contact us for a consultation with our team of highly experienced North Carolina truck accident attorneys.
Federal laws that must be considered in every truck accident case include:
- FMCSR 391 – Requiring proper truck/commercial driver qualification before hiring
- FMCSR 380 & 383 – Requiring proper driver training
- FMCSR 395 – Driver Fatigue Rules – limiting hours on the road and requiring drivers to keep careful logbook of all drive and rest time
- FMCSR 382 – Requires driver drug and alcohol testing after accidents and imposes restriction on driver possession and use of alcohol/drugs in commercial vehicles
- FMCSR 393 – Requires certain equipment for safe operation of commercial vehicles
- FMCSR 396 – Requires inspection and maintenance and record keeping for all truck drivers – includes requirement for written inspection record showing condition of brakes and all equipment before any trip begins in a tractor trailer
- FMCSR 392.2 – Imposes all state traffic laws on commercial drivers and mandates that if federal laws are more strict, truck driver must obey the federal standard – this section governs speeding, following too closely, improper lane changes, reckless driving, improper turns, failure to yield the right of way, failure to obey traffic lights/signs, etc.
- FMCSR 392.8 – law forbids texting or any use of handheld phone while driving a truck or commercial vehicle
- FMCSR 393.1 – Governs proper loading and securing of cargo to ensure that cargo doesn’t shift (causing an accident) or fall from the truck
- FMCSR 387 – Mandating minimum insurance limits for different types of tractor-trailers, trucks and commercial vehicles
- FMCSR 390 – Requires proper record keeping regarding accidents for all drivers and trucking companies
TRUCKING COMPANIES TYPICALLY RETAIN THEIR OWN LAWYER TO OPPOSE VICTIMS’ CLAIMS WITHIN 48 HOURS OF A CRASH REPORT – YOU SHOULD HIRE YOUR OWN NORTH CAROLINA TRUCK ACCIDENT LAWYER RIGHT AWAY!
During his years working as a claims adjuster, Carl was an on-call adjuster with the commercial lines division of a large, national insurance carrier. In this role, he was called upon to travel on short notice from Atlanta to any location where a truck accident was reported. When a truck accident was reported in the southeast region of the country, the insurance company would notify the adjuster, contract with a private air carrier, and fly the claims adjuster to the crash scene.
Insurance claims adjusters would arrive at the truck accident scene within hours, and their sole objective was to collect and preserve evidence to show that the truck driver was not at fault. Efforts were also made to place blame on other drivers who were involved in the truck accident. If the insurance company in North Carolina can place just slight blame on a truck accident victim, they owe nothing to that victim. Under NC accident law, if you are slightly (even just 1%) at fault for your accident, you have no claims and no right to collect payment for car damage, medical bills, lost income, or pain and suffering.
Commercial insurance adjusters always try to blame the victim so they can deny all claims. When they can’t, they will still challenge every injury claim – saying the injuries are pre-existing conditions, or that the victim is exaggerating their symptoms, or by offering far less money than they know the victim would win at trial. In every case, they try to pay far less than they know the victim deserves.
Our firm has litigated many North Carolina truck accident cases. In every serious injury case we have handled, we learn that the truck driver’s insurance company typically retains its own lawyer within a day or two of the crash. That lawyer is being paid to defend the careless truck driver and to minimize your claims. If you have a truck accident injury case, you should take the same approach – HIRE YOUR OWN NORTH CAROLINA TRUCK ACCIDENT ATTORNEY IMMEDIATELY!
We charge no fees or up-front costs to get started working today, and we are paid legal fees only if AND when we collect money for you. With a single phone call, you can employ us to protect your legal rights and start building your case immediately.
Discuss Your Case With a Nagle & Associates North Carolina Truck Accident Attorney Today
CALL CARL NAGLE DIRECTLY FOR HELP WITH YOUR TRUCK ACCIDENT INJURY CASE AT (866) 944-4257 TODAY!
If you suffered injuries in an accident caused by a commercial driver, we invite you to call Carl Nagle directly for a free, confidential legal consultation. He personally handles these cases for the firm and will speak with you about your legal rights and options at your convenience. Even if you choose to handle your case without an attorney, Carl is glad to provide answers, advice, and guidance as you seek to deal with the claims adjusters and legal representatives of the at-fault driver. Simply call our office, share your circumstances, and ask to speak directly with Mr. Nagle. If he cannot take your call right away, we will schedule a telephone appointment for you to speak with him no later than the close of business the following day.
Please take careful steps to protect your legal rights, and know that the commercial driver’s lawyer and adjusters are already working to oppose your claims and minimize your payment rights. Invest the time now to learn your safest and best plan of legal action. Our legal consultation typically takes less than an hour, costs nothing, and will help you maximize case value even if you choose not to hire a lawyer.
If you do choose to hire us, the process is simple. All we need is your signature on a very simple, one-page retainer agreement, and your signature on Medical Authorizations so we can gather all medical records, bills and other medical evidence on your behalf. Also, if you need our help but a visit to our office is currently inconvenient, we have two former North Carolina State Troopers who handle crash investigations for the firm, and who also are glad to meet with you at your home if this helps to get your case started. Please call Carl now if you or a loved one needs help with a commercial vehicle accident legal case.