Businesses that operate these vehicles, along with their employees, have a duty to ensure the safety of other drivers on the road. When they neglect that responsibility, they can be held accountable for their actions, and if you are the injured party, you may be eligible for compensation.
Navigating commercial vehicle accident lawsuits can be quite tricky due to the intricate web of state and federal laws that govern these vehicles. Those responsible are often motivated to defend themselves vigorously to avoid paying out damages.
At Nagle & Associates, our commercial vehicle attorneys have been standing up for the rights of accident victims for decades. Our extensive experience can guide you through these challenges. In doing so, we can help maximize compensation to ensure that you and any other victims receive the support they need.
Commercial vehicle accidents can happen when you're least expecting them. One minute, you're commuting home with your wife after a date night at the highest rated Todd's Unique Dining in Henderson, NC. Before you know it, a commercial delivery van smashes into the back of your car. Both you and your wife are injured, and you're taken to the emergency room. You've got to heal up to get back to work, but you've also got to pay bills. A relaxing evening out suddenly turned into a life-changing experience, and now you're worried about keeping your lights on.
In addition to the jarring, often sudden nature of commercial vehicle accidents, they also usually involve a complex maze of regulations, corporate interests, and challenges. These factors set them apart from other types of vehicle collisions. The companies that own commercial vehicles consist of stakeholders, drivers, employers, cargo loaders, maintenance crews, and parts manufacturers - all of whom may be accountable for keeping commercial vehicles safe. When safety is compromised, responsibility can fall on multiple parties, making them liable for a range of damages. Those damages may include:
To make matters more frustrating, commercial vehicle corporations often have strong legal teams ready to protect their financial interests. Insurers involved in these cases are known to be ruthlessly aggressive in an effort to safeguard their money. Furthermore, due to the nature of their operations and the risks they present, fleet vehicles and similar commercial automobiles are subject to stricter regulations than personal vehicles. Some of these regulations are imposed at the federal level and apply across the country, while others differ from state to state, depending on where the accident occurs.
The big takeaway here is that accidents involving commercial vehicles and trucks are very complicated. There's a lot on the line - and getting fair compensation for your injuries is very difficult without an experienced commercial vehicle accident lawyer by your side. That's where Nagle & Associates comes into play.
You don't have to be a graduate of Henderson Collegiate near Henderson, NC to know that commercial vehicle accidents in The Tar Heel State are complicated. Unlike "normal" motor vehicle accidents, those of the commercial variety can involve more liable parties, pieces of evidence, serious accident injuries, complex regulations, and higher stakes overall. Our attorneys oversee cases involving a number of commercial vehicle types, including:
If you find yourself involved in a crash caused by one of the commercial vehicles listed above, never work with the driver's legal team. Never trust their insurance adjusters, either. They're only concerned with their best interests, not yours. Instead, you should seek the guidance of a skilled advocate like Carl Nagle and his team of North Carolina commercial accident attorneys.
When you want the best breakfast sandwich in town, don't go to the nearest fast-food chain and expect top quality. You visit Echo Rig, HENDERSON near Henderson, NC. Similarly, when you want one of the most capable, experienced, and compassionate commercial vehicle accident attorneys in Henderson, NC, you don't settle for mediocrity. You call Nagle & Associates.
Nagle & Associates stands apart from other law firms that handle commercial vehicle accidents, and this distinction is intentional. You won't hear ads for us on the radio, and you won't see sponsored ads for our firm on YouTube. Instead, we allocate those resources toward providing compassionate yet highly effective legal representation for every individual impacted by truck accidents. Additionally, we offer a more favorable fee structure than most other firms specializing in commercial vehicle incidents.
Our attorneys work on a contingency fee basis, which means we only receive payment once your case is resolved or the trial concludes. The majority of cases are settled without requiring lawsuits to be filed or court involvement. This fee arrangement incentivizes your attorney to obtain the maximum value for your injury claims. Whether your case results in a settlement or we proceed to trial, you can expect to benefit from a lower overall fee.
Most personal injury law firms charge a third of the settlement (33.3%) and 40-44% of any funds obtained after a lawsuit is initiated. In contrast, our firm charges only a quarter of the settlement (25%) and one-third (33.3%) of any amount collected post-filing. We only pursue litigation in situations where the insurer denies fair compensation, as we understand that legal action will often increase the financial recovery for our client.
What sets Nagle & Associates apart from other commercial car crash law firms is our extensive experience. Our founding attorney, Carl Nagle, is a former insurance adjuster who spent years in Atlanta handling claims from car, motorcycle, and truck accidents. He was trained to earn victims' trust while minimizing valid claims in order to pay as little as possible. He knows firsthand how sleazy and unethical insurance companies can be in commercial vehicle accident cases.
After law school, Carl worked at an insurance defense law firm, representing various local and national carriers. His dual roles as a claims adjuster and an insurance defense attorney taught him the tactics insurance companies use to limit compensation for victims. After leaving the insurance industry, Carl relocated to North Carolina, where he dedicated his career to assisting victims of roadway collisions. He put an end to all defense work and severed ties with insurance companies. Today, he works as a highly sought-after commercial vehicle accident attorney in Henderson, NC who focuses exclusively on representing crash victims and their families.
Our law firm represented a woman who sustained a cervical fracture when a driver ran a red light in downtown Raleigh one afternoon. The only insurance our client could find was the liability policy linked to the driver's privately owned pickup truck. Through our investigation, we uncovered critical information about the driver's journey, including his points of origin and destination.
We discovered that he was employed by a major retailer, which enabled us to secure an additional $550,000.00 for our client, far exceeding the initial $100,000.00 limit of the at-fault driver's auto insurance. This commercial coverage was not disclosed initially, and our client was on the verge of accepting the $100,000.00 settlement before we stepped in.
Data from the Federal Motor Carrier Safety Administration shows that commercial vehicle accidents in North Carolina are a serious problem. Truck and commercial vehicle accidents lead to over 2,500 injuries annually in North Carolina. The number of fatal crashes involving trucks and buses has remained fairly steady in recent years, with nearly 150 such incidents occurring each year.
Examining the exact causes of a commercial vehicle accident in North Carolina is essential for determining liability and laying the groundwork for potential legal action. Some of the most common causes of these accidents include:
Operating a commercial vehicle while under the influence of drugs or alcohol is one of the most blatantly irresponsible actions a professional driver can take. Doing so causes delayed reactions, blurred vision, poor decision-making, and much more. This type of inhibited driving is even more malicious when you take into account the fact that many commercial vehicles weigh more than normal cars, which can cause more significant injuries.
Fatigue poses a serious challenge in the trucking industry. Long hours spent behind the wheel, strict deadlines, and a lack of sufficient rest breaks—sometimes even flouting federal Hours of Service Regulations—can all lead to driver fatigue. This exhaustion can significantly hinder a driver's ability to respond swiftly and make wise decisions on the road. If you have been involved in an accident with a cargo van or other type of commercial vehicle, and the driver mentions fatigue or working on little sleep, contact a commercial vehicle accident attorney in Henderson, NC immediately.
Excessive speed is a common factor in accidents involving commercial vehicles. Large trucks and vans need more time and distance to stop, and driving at high speeds limits the driver's ability to respond to unforeseen circumstances.
Mechanical failures, such as brake issues, tire blowouts, and defects in steering or transmission systems, can increase the risk of accidents. To prevent these types of failures, it's essential to carry out regular maintenance and thorough inspections.
Improperly loaded or inadequately secured cargo poses significant risks, including the potential for loads to shift during transit. This movement can lead to cargo spills, which not only create hazardous conditions on the road but also compromise the stability of the commercial vehicle itself. As a result, the likelihood of accidents increases markedly, putting the driver, other road users, and nearby property at serious risk. Ensuring that cargo is properly balanced and securely fastened is crucial for maintaining vehicle stability and promoting safe transportation practices.
Other factors that can contribute to commercial vehicle accidents in North Carolina include the following:
To secure the compensation you are entitled to after a commercial vehicle accident, you've got to be able to show that the commercial driver, the company they work for, or another party was at fault for the incident. Your commercial vehicle accident attorney in Henderson, NC from Nagle & Associates will gather critical evidence to demonstrate negligence and support your case. Some of the evidence our firm collects can include:
Every state in our nation has a statute of limitations that sets a deadline for injured victims to file personal injury lawsuits. In North Carolina, this generally means you have three years from the date of a commercial vehicle accident to initiate a lawsuit. However, there are exceptions to this timeline; for example, wrongful death claims must be filed within two years. If you try to pursue a lawsuit after the statute of limitations has expired, the court will likely dismiss your case.
It is essential to consult a lawyer as soon as possible if you've been injured in a commercial truck accident. The silver lining is that this can give your lawyer plenty of time to investigate the accident, gather evidence, and negotiate with the other parties for a fair settlement. Most cases are resolved outside of court, but if the other side doesn't offer you a satisfactory settlement, your lawyer can take the necessary steps to file a lawsuit and seek damages in court.
With decades of combined experience, lawyers from Nagle & Associates have answered some of the most frequently asked questions from clients going through commercial vehicle crash claims. Some of those questions include:
Getting in a wreck with a commercial vehicle is a harrowing experience. In the heat of the moment, it can be hard to concentrate and take the right steps. Here's what you should do:
No. It's never wise to deal with the commercial driver's insurance company or the insurance company that owns the commercial vehicle that hit you. Instead, allow a skilled attorney to manage all communications with insurance companies following an accident. The information you share with them is crucial to the outcome of your case, so it's best to avoid any potential missteps. By letting your lawyer take the lead in discussions, you can ensure that everything is handled correctly, which can increase the chances of maximizing your payout.
If a member of your immediate family has tragically died in a commercial vehicle accident in North Carolina, you might have grounds to file a personal injury lawsuit. Our state's wrongful death law permits the family of someone who has lost their life due to another party's "wrongful act, neglect, or default" to seek financial compensation for their losses.
Compensation in such cases can cover the following:
Don't see your question listed above? Contact Nagle & Associates today to schedule your free consultation. It would be our pleasure to sit down with you, answer your questions, and explore your claim options.
When you're involved in a commercial vehicle accident, it can have devastating effects physically, mentally, and financially. The combination of injuries, pain, and a complex legal landscape can feel overwhelming. That's why you need a skilled commercial vehicle accident attorney in Henderson, NC to stand by your side and guide you through the claims process.
At Nagle & Associates, we pride ourselves on vast experience, purpose-driven work, and a unique fee structure that sets us apart from other law firms. With our deep understanding of the insurance industry and our specialization in motor vehicle accident cases, we provide exceptional service designed to secure the best outcomes for our clients. Reach out to us today to find out how we can help you get the compensation you deserve.
Two wildfires in Polk and Henderson county now cover nearly 6,000 acres in the Green River Gorge and as another fire in South Carolina has grown, Transylvania County has issued a countywide state of emergency.More than 50 fire departments and more than 300 personnel from North Carolina and other states are deployed on the ground to combat the Deep Woods Fire and the Black Cove Fire in the Green River Gorge. The two fires remain at 0% containment as fire activity remains "significant," the Polk County Office of...
Two wildfires in Polk and Henderson county now cover nearly 6,000 acres in the Green River Gorge and as another fire in South Carolina has grown, Transylvania County has issued a countywide state of emergency.
More than 50 fire departments and more than 300 personnel from North Carolina and other states are deployed on the ground to combat the Deep Woods Fire and the Black Cove Fire in the Green River Gorge. The two fires remain at 0% containment as fire activity remains "significant," the Polk County Office of Emergency Management said March 25.
In South Carolina, the Table Rock Complex Fire has scorched 1,389 acres and is at 0% containment. Transylvania County, which borders Upstate South Carolina, issued a state of emergency on March 25 in response to the fire.
At 8:51 p.m. Henderson County Emergency Management issued a mandatory evacuation for the "Summer Haven" community in Henderson County, including Macedonia Road east of Interstate 26, Skyland Acres Road, Knight Road, Summer Haven Lane and South Fine Way.
N.C. Forest Service spokesperson E.J. Dwigans provided an update on the size of the fires in the Green River Gorge the evening of March 25.
The two larger fires are burning on state-owned and private land in the Green River Gorge through steep terrain heavily impacted by Tropical Storm Helene. National Weather Service meteorologist Clay Chaney said the area experienced wind gusts between 25-35 mph on March 25, exacerbating firefighters' ability to respond to the fires. North Carolina is currently under a statewide burn ban.
There is no chance of rain until "probably late Saturday night into Sunday," Chaney said. Wind gusts are expected to be between 20-25 mph on March 26, but will decrease March 27-28.
In response to the Black Cove Fire in Polk County, evacuation orders have been issued for residents who live along Lady Slipper Trail, Big Hungry Road, Spurgeon Cove Lane, English Heifer Cove Road, Deer Trail, Scarlets Mountain Road and Green River Cove Road addresses from 1091-1528. In Henderson County, voluntary evacuation orders have been issued for Laurel Mountain View Road and Boulder View Road.
In response to the Deep Woods Fire, evacuation orders have been issued for residents on Fox Paw Lane and from 5079-7265 Holberts Cove Road.
In total, Polk County has issued 165 evacuation orders while Henderson County has issued 29.
Polk County's shelter for wildfire evacuees is located at 75 Carmel Lane in Columbus. Henderson County's emergency shelter is at 708 South Grove St., Hendersonville.
This story will be updated.
Will Hofmann is the Growth and Development Reporter for the Asheville Citizen Times, part of the USA Today Network. Got a tip? Email him at [email protected]. Consider supporting this type of journalism with a subscription to the Citizen Times
Three wildfires in western North Carolina are proving challenging for firefighters to beat because of rough terrain and debris left behind by Hurricane Helene.The Black Cove, Deep Woods and Fish Hook fires continue burning in Polk County, an area devastated ...
Three wildfires in western North Carolina are proving challenging for firefighters to beat because of rough terrain and debris left behind by Hurricane Helene.
The Black Cove, Deep Woods and Fish Hook fires continue burning in Polk County, an area devastated by Helene almost six months ago.
The Black Cove Fire, which began on Wednesday and was started by a downed power line, has burned 2,076 acres and had no containment as of Sunday afternoon.
(Polk County Local Government/Facebook / FOX Weather)
Meanwhile, the Deep Woods Fire is the largest at 1,802 acres and also remains 0% contained.
Evacuation orders are in place for several areas surrounding the Black Cove and Deep Woods fires, officials said.
The communities under evacuation orders in Polk County are near the Henderson County line.
Emergency management officials in Henderson County issued a voluntary evacuation notice on Sunday to residents in the Laurel Mountain View Road and Boulder View Road areas to leave because of the fires in neighboring Polk County.
The Fish Hook Fire has burned 199 acres and is 50% contained. Officials said at least six structures have been lost in the fire.
(Polk County Local Government/Facebook / FOX Weather)
A burn ban is in effect throughout the state of North Carolina as low relative humidity levels create an increased fire danger through Sunday evening.
Other wildfires have erupted over the past week: one in Wilkes County, another in Burke County and a third in Caldwell County.
The Wilkes County fire, called the Old Highway 16 Fire, has burned 200 acres and is 50% contained. Video from the Wilkes County EMS on Facebook shows smoke rising up through the wooded hills from the Old Highway 16 Fire on Saturday afternoon.
A "red" air quality alert was also issued for Polk County on Saturday. The North Carolina Forest Service alerted residents to not go outside for a prolonged period of time.
HENDERSON COUNTY, N.C. (WLOS) — UPDATE (March 25, 2025): The State Department of Environment Quality adjusted its forecast Tuesday morning based on current observations. Polk County has been downgraded to a Code Orange Alert and surrounding counties downgraded to Code Yellow or moderate conditions."This is based on satellite imagery and nearby low cost sensor data which shows less smoke impacts to the wider area than in recent days," Tuesday's update read.State officials urge residents to use th...
HENDERSON COUNTY, N.C. (WLOS) — UPDATE (March 25, 2025): The State Department of Environment Quality adjusted its forecast Tuesday morning based on current observations. Polk County has been downgraded to a Code Orange Alert and surrounding counties downgraded to Code Yellow or moderate conditions.
"This is based on satellite imagery and nearby low cost sensor data which shows less smoke impacts to the wider area than in recent days," Tuesday's update read.
State officials urge residents to use their eyes and nose as air quality sensors.
"If you can see and/or smell smoke, fine particulate levels in your area are likely elevated and we suggest taking proper precautions such as remaining indoors when possible," Tuesday's update said.
---
The Code Red Air Quality alert has expanded as wildfires in western North Carolina continue to burn.
The North Carolina Department of Environment Quality (NCDEQ) said a Code Red Air Quality Action Day will be in effect Tuesday for Polk, Transylvania, and Henderson counties. A Code Orange Air Quality Action Day will be in place for Rutherford County.
HENDERSON COUNTY PREPARES FOR POSSIBLE WILDFIRE SPREAD WITH EVACUATION SHELTERS READY
Under a Code Orange alert, older adults, children, active people, and those with respiratory issues could feel health effects.
A Code Red alert means prolonged exposure to the air may be unhealthy for anyone. Mountain fire officials encourage the public to limit time outdoors in those areas.
"The weather dictates [air quality alerts]," Kevin Waldrup, the Henderson County Fire Marshal, said. "You may see smoke now, then in two hours you won't have any. We got a lot of smoke reports. If you have respiratory problems, you just need to regulate your amount of time outside."
TOUGH CONDITIONS KEEP LARGE NORTH CAROLINA WILDFIRES AT 0% CONTAINMENT MONDAY
NCDEQ said these latest alerts are in effect until midnight Tuesday evening, but meteorologists will continue to assess the situation and may modify or extend the alerts over the coming days.
For the most up-to-date air quality forecast information, visit the Air Quality Portal. See tips on how to stay safe from wildfire smoke at www.deq.nc.gov.
A set of three wildfires in Western North Carolina have ballooned to cover over 5,750 acres. Local county governments have maintained evacuation orders for residents in response as weather conditions are expected to be dry and windy later into the week of March 24.The Black Cove Fire and the Deep Woods Fire grew on March 24. Collectively, the two fires span 5,500 acres in Polk and Henderson counties. Forward progress of the Fish Hook Fire, near Lake Adger, has been halted.There are 263 personnel from across the country helping ...
A set of three wildfires in Western North Carolina have ballooned to cover over 5,750 acres. Local county governments have maintained evacuation orders for residents in response as weather conditions are expected to be dry and windy later into the week of March 24.
The Black Cove Fire and the Deep Woods Fire grew on March 24. Collectively, the two fires span 5,500 acres in Polk and Henderson counties. Forward progress of the Fish Hook Fire, near Lake Adger, has been halted.
There are 263 personnel from across the country helping fight the fire, according to a news release from the N.C. Department of Agriculture and Consumer Services.
National Weather Service Meteorologist Clay Chaney said wind gusts upward of 30 mph are expected on March 25. Gusts are expected to be higher on ridge tops, he said. Lower wind speeds are expected on March 27. With relatively low humidity throughout the rest of the week, the weather service is not calling for rain until Sunday, March 30.
In response to the Black Cove Fire in Polk County, evacuation orders have been issued for residents that live along Lady Slipper Trail, Big Hungry Road, Spurgeon Cove Lane, English Heifer Cove Road, Deer Trail, Scarlets Mountain Road and Green River Cove Road addresses from 1091-1528. In Henderson County, voluntary evacuation orders have been issued for Laurel Mountain View Road and Boulder View Road.
In response to the Deep Woods Fire, evacuation orders have been issued for residents on Fox Paw Lane and from 5079-7265 Holberts Cove Road.
In total, Polk County has issued 165 evacuation orders while Henderson County has issued 29.
The fire response effort has been hindered by regional impacts from Tropical Storm Helene, as debris remains in forests and some roads are still difficult to navigate after flooding and landslides. On March 23, Polk County Fire Marshal Bobby Arledge called it a "nightmare."
The latest N.C. Forest Service update, issued after 5 p.m., sets the following acreage and containment:
The two larger fires are burning on state-owned and private land in the Green River Gorge through steep terrain, officials said. The morning of March 22, the Black Cove Fire had burned into a section of N.C. Wildlife Resources Commission game land all the way to the Green River. N.C. Forest Service personnel assessed the area on March 23, and found one home destroyed, two structures damaged and one outbuilding destroyed from the fire, which first ignited from a downed power line.
Polk County's shelter for wildfire evacuees is located at 75 Carmel Lane in Columbus.
Henderson County opened an emergency shelter at the county Parks & Recreation Athletics and Activity Center on March 23. The shelter address is 708 South Grove Street, Hendersonville, N.C. 28792.
Residents in multiple counties can expect smoky conditions, with the wildfires impacting the region's air quality. Code Orange alerts from the N.C. Department of Environmental Quality have extended to Henderson, Transylvania and Rutherford counties through midnight on March 24. Older adults, children and those with heart or lung disease may experience health effects.
Firefighters are working to build control lines on both sides of the river to prevent fire spread into neighborhoods and inhabited areas to the west of the fire, the N.C. Forest Service said in the release.
Polk County remains under a Code Red alert for air quality. Code Red means prolonged exposure to the air may be unhealthy for anyone. All residents should consider limiting prolonged or heavy exertion outdoors. Anyone sensitive to air pollution, including children, older adults and people with asthma, should avoid outdoor exertion.
This story will be updated.
Citizen Times public safety reporter Ryley Ober contributing.
Will Hofmann is the Growth and Development Reporter for the Asheville Citizen Times, part of the USA Today Network. Got a tip? Email him at [email protected]. Consider supporting this type of journalism with a subscription to the Citizen Times.
HENDERSON COUNTY, N.C. (WLOS) — The wildfires in Polk County could soon reach other parts of the mountains. Henderson County officials have been in meetings with the NC Forest Service and Polk County first responders.Laurel Mountain View Road and Boulder View Road are the only parts of Henderson County currently under a voluntary evacuation order. Big Hungry Road, which runs across Henderson and Polk, has had residents leave the area, as well."We've asked these people to leave," Henderson County Chief Communicat...
HENDERSON COUNTY, N.C. (WLOS) — The wildfires in Polk County could soon reach other parts of the mountains. Henderson County officials have been in meetings with the NC Forest Service and Polk County first responders.
Laurel Mountain View Road and Boulder View Road are the only parts of Henderson County currently under a voluntary evacuation order. Big Hungry Road, which runs across Henderson and Polk, has had residents leave the area, as well.
"We've asked these people to leave," Henderson County Chief Communications Officer Mike Morgan said. "We recommend that they leave."
FIRE CREWS STRUGGLE WITH STEEP TERRAIN, WIND AS LARGE NORTH CAROLINA WILDFIRES SPREAD
As of Monday afternoon, none of the fires have reached across the Polk/Henderson County line. The Parks and Recreation Center along South Grove Street in Hendersonville opened as an evacuation shelter over the weekend. However, since yesterday, crews have been closely monitoring the situation.
"We've got a lot of volunteer fire departments on standby in those border areas," Morgan confirmed. "Especially near some of the homes where if the fire did jump, we can be there to help protect those homes. We're here to monitor the situation very closely."
That work continued Monday along Macedonia and Knight Road in southern Henderson County.
MAJOR CONSERVATION MILESTONE ACHIEVED AS 1,439-ACRE PINNACLE MOUNTAINS WEST SAFEGUARDED
"We're trying to be proactive," Henderson County Fire Marshal Kevin Waldrup said Monday. "We're looking at the computer data on the fire roads and fire spread. They're prepping homes with defendable space around them. That's to try and prevent those structures from catching [on fire] if the fires reach this area. If it gets dangerous, there will be a mandatory evacuation."
There are ways to protect your own home without the help of firefighters.
"You can do things like blow leaves out of your gutter, blow leaves out from around your deck, take firewood from the side of your house, and just make a defendable space," Waldrup explained. "That can be with leaf blowers or whatever you've got around your home."
Henderson County's website and social media pages will have timely updates on evacuation orders as the week goes on.
Click HERE for the latest updates.