North Carolina Truck Accident Attorneys
North Carolina truck accidents may be governed by North Carolina or federal law, depending on whether the truck was involved in intrastate or interstate transport. Listed below are some North Carolina laws that affect truck accidents. For a more comprehensive list of truck laws, click here.Large trucking companies and their insurance companies work quickly to protect themselves when one of their trucks is involved in an accident, often sending investigators directly to the scene.
To protect your rights, it's imperative to have knowledgeable legal council to begin investigating immediately, preserve evidence, and help you get the best possible result in pursuing your claim against the trucking company. E.J. Leizerman and Associates is a Law Firm that accepts semi truck accident cases across the country. In North Carolina, we work with Twiggs, Beskind, Strickland & Rabenau, P.A., a firm that handles tractor-trailer accidents throughout the state.
Don Beskind received his first law degree, a J.D., from the University of Connecticut in 1973. He practiced for two years in Denver, Colorado trying civil and criminal cases. Awarded a John S. Bradway Fellowship from Duke University's School of Law, he received his advanced law degree, an LLM, there in 1977. After his fellowship, Don joined the Duke Law faculty, first as an Assistant Professor and then as an Associate Professor and Director of Clinical Studies. At Duke, Don taught Evidence, Trial Skills, and clinical courses. After leaving full time teaching in 1981, Don co-founded, Beskind & Rudolf, P.A. In 1993, he joined what is now Twiggs, Beskind, Strickland & Rabenau, P.A. Don still occasionally teaches evidence at Duke Law School as a Senior Lecturer in Law in addition to regularly teaching Trial Practice and serving as Director of Duke's Trial Practice program.
Since returning to full-time trial practice in 1981, Don has tried to verdict civil cases in state and federal courts in North Carolina and before arbitrators. He has served as a member of the Plaintiffs' Executive Committees in Federal Multi-District litigation. Additionally, he has argued appellate cases in all of North Carolina's appellate courts and in the United States Court of Appeals for the Fourth Circuit, before both three judge panels and the entire court sitting en banc. He has been listed in Best Lawyers in America since 1993. Don is a Fellow of the American College of Trial Lawyers, International Society of Barristers and the American Board of Trial Advocates.
Other members of the firm also have experience successfully handling catastrophic semi truck accidents.
E.J. Leizerman & Associates and Twiggs, Beskind, Strickland & Rabenau, P.A. are familiar with exceptions to the Federal Motor Carrier Safety Regulations (title 49, Parts 350-399) that affect trucks operating only in North Carolina, as there are some situations where a tractor-trailer or other commercial motor vehicles are involved in only intrastate travel. For example, an appliance store in Charlotte may own a truck that only makes in-state deliveries.
The North Carolina Department of Public Safety has adopted Title 49, Parts 382-384 and 390-399 of the federal regulations with a few notable provisions, including:
Driver Qualification:
North Carolina has adopted Part 391 with two notable differences. If an intrastate driver is not transporting hazardous materials, he may be as young as 18. Also, drivers that don’t meet the physical requirements to operate a motor vehicle in North Carolina may attempt to obtain a waiver from the state.
Hours of Service:
North Carolina has adopted Part 395 of the Federal Regulations with one exemption of note. An intrastate motor carrier driver can’t drive more that 12 hours following 8 consecutive hours off-duty; or for any period after having been on duty 16 hours following 8 consecutive hours off duty. A driver can’t drive after having been on duty 70 hours in 7 consecutive days, or 80 hours in 8 consecutive days. An intrastate driver will be determined by his previous 7 days of operation.
Accident Reporting:
North Carolina has adopted the entirety of 49 CFR 390. A truck company must report any significant accident immediately to local law enforcement, within 24 hours to the Public Service Commission if a fatal crash or 15 days if non-fatal, and also within 30 days to the Director of Public Safety.
Crash reports are available from:
Division of Motor Vehicles
Traffic Records Section
3105 Mail Service Center
Raleigh, NC 27699
(919) 861-3098
If you have been involved in a truck accident in North Carolina, contact one of our North Carolina lawyers or attorneys to help you with more information or to answer any questions you have.
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