Frequently Asked Questions About Trucking Accidents

Last updated on December 18, 2025

Accidents involving commercial trucks present some of the most devastating cases personal injury attorneys encounter. Due to the sheer size and weight disparity between commercial vehicles and passenger cars, these collisions often result in catastrophic injuries or fatalities.

Multiple liable parties, including trucking companies, drivers, maintenance providers, and cargo loaders, further compound the complexity of these cases. Additionally, the web of federal regulations governing the trucking industry, including hours-of-service rules and maintenance requirements, creates a complex legal landscape that demands specialized knowledge.

I am attorney Mike Maurer, a board-certified civil trial specialist who previously worked as an insurance company defense attorney handling personal injury claims. I now use all my experience to help injured people.

Below are a few common questions my staff at Maurer Law, and I receive about trucking accidents.

What should I do immediately after being involved in a truck accident?

In the immediate aftermath of a truck accident, try to stay calm. Call 911 and ask for assistance. Even if you do not think you are seriously hurt, get medical attention to check for hidden (but possibly dangerous) injuries. 

If you are able, take photos of the scene, the vehicles, any debris in the road and any obvious wounds you may have. Do not apologize or say anything that could be considered an admission of responsibility. Finally, speak to an experienced truck accident lawyer as soon as possible.

How is a truck accident different from a car accident legally?

Truck accidents are different from ordinary car accidents in numerous ways. Most car accident claims have one defendant and one insurance company involved, but truck accidents can involve complex issues involving the allocation of fault to multiple parties, including the driver, the trucking company, mechanics, parts manufacturers and cargo loaders. 

Commercial truck drivers and trucking companies are also required to follow rules and regulations under the Federal Motor Carrier Safety Administration (FMCSA) and/or state law. This interplay of the different rules can affect liability to a tremendous degree.

In addition, the evidence involved in a truck accident can be very complex, involving everything from video evidence (dash cams and surveillance cameras near the accident) and “black box” data to driver logs, maintenance records and expert testimony.

Finally, insurance companies know truck accident claims are expensive, so they are aggressive about trying to minimize payouts, which makes attorney representation essential for victims.

What are common causes of truck accidents?

Some common causes of truck accidents include:

• A trucker driving under the pressure of a delivery deadline and becoming drowsy behind the wheel
• A truck being overloaded or not properly distributed, increasing the risk of rollover and jackknife accidents
• Faulty or poor maintenance, leading to brake failures, tire blowouts and other hardware failures
• A truck driver being improperly trained or licensed to operate a large commercial vehicle

I can help identify how a truck accident happened and hold liable parties responsible for your losses.

Who can be held liable in a truck accident?

While it may be clear how a truck accident happened, it may not be obvious who is at fault. Liable parties can include the truck driver, trucking company, cargo loaders, vehicle manufacturers and maintenance companies. Identifying all the potentially liable parties opens up important avenues of compensation and is a big part of an attorney’s job in these claims.

What do proposed changes to trucking companies’ requirements for liability insurance mean for me?

Just like every car on the road, each truck is required to have a minimum amount of liability insurance coverage in case the truck is ever involved in an accident. While one would expect this amount to change over time and adjust with inflation, the current minimum amount for carriers is $750,000, an amount that has not been adjusted in over 30 years.

Even in accidents involving only passenger vehicles, serious injuries can mean that medical costs skyrocket, especially with the long-term care involved in injuries to the spine, neck or brain. Trucks are much larger, often weighing up to 80,000 pounds, and are therefore capable of creating much more damage. Truck accidents can often involve several vehicles, which would only increase the amount of liability coverage needed.

Recently, the Federal Motor Carrier Safety Administration (FMCSA) issued a notice of proposed rulemaking on increasing the minimum coverage amount, and it is currently accepting public comments from the industry, drivers and carriers alike.

The industry is split, with FMCSA insisting that the $750,000 minimum falls far short of the damages in many crashes. Other organizations claim that the number of crashes exceeding the minimum amount of coverage is actually very small; their other argument is that most carriers already carry liability coverage well above the minimum amount.

This rulemaking can affect you in several ways. If the minimum coverage amount is not increased, you could face serious financial difficulties should you ever be involved in an accident with a truck carrying minimum coverage. On the other hand, an increase in minimum coverage could cover more in the event of an accident, but it could cause companies to cut corners in other ways to pay for increased premiums.

Although I do not yet know how this will play out, one thing is certain. If you are injured in a truck accident caused by a negligent truck driver, you deserve compensation. My firm’s experience with insurance companies can help ensure that you receive the maximum amount possible for your injuries, pain and suffering.

How do I know if a truck driving near me is loaded properly?

When you went to the Time Warner Cable Music Pavilion in Southeast Raleigh to see your favorite performer, you knew it was going to be a memorable night. Unfortunately, it was unforgettable for all of the wrong reasons. As you drove along Rock Quarry Road, a large truck pulled up next to you. You noticed as it began to sway back and forth, and you did what you could to get out of the way – but you weren’t able to get out of the way, and the truck crashed right into you. Later, you learned that the accident occurred because the truck was improperly loaded. Knowing the signs of a truck that is loaded incorrectly could prevent you from getting into an accident.

Did you know that the truck next to you is capable of causing you life-threatening injuries, all because the materials it is carrying could be loaded incorrectly? When possible, get away from trucks that display these warning signs:

• Oversized load sign: Trucks carrying loads that are too wide to fit on the bed are often marked with signs that say “Oversized Load.” Although the truck may be clearly labeled, it does not mean it is safe. Because of the uneven weight distribution, it could potentially tip over.
• Swaying: A truck that has improperly secured cargo in the back or on the bed will often sway back and forth as a result of the weight shift from the load moving around. Such trucks are extremely dangerous as they can roll over and land on you, or the cargo could come off or out of the truck and onto your vehicle.

If you are the victim of a truck accident that was caused by an improperly secured load, you have rights.

How can I protect myself from a truck’s blind spots?

How safe do you feel sharing the road with tractor-trailers knowing that the drivers don’t see you all the time – even when you are right next to them? Large trucks have many blind spots, or areas in which the driver is unable to see what is going on around him. When you are in these particular locations, you put yourself in jeopardy. Knowing how to lessen the chances of becoming involved in a Raleigh truck crash could prevent serious injuries. Here are two important tips:

Stay out of the “no-zones:” The Federal Motor Carrier Safety Administration has been warning drivers since 1994 to stay out of the “no-zones,” or semi-truck blind spots. When you are in a blind spot the driver cannot see you and could crash into you as a result. Blind spots typically occur immediately in front of the truck, in the back of the truck, just below and behind the driver-side window, and on the right side of the cab, extending back towards the end of the trailer. Although it isn’t always possible to stay out of these areas, doing so when you can –increases your chances of staying safe.

Be aware of drivers’ actions: Knowing what actions to look for when riding near a truck may be able to alert you of danger. For instance, if you begin to see the truck coming slowly towards you in your lane, there’s a good chance the driver doesn’t see you and thinks the space in which you are driving is empty. Move immediately away, if possible. Additionally, when trucks make right turns, they first swing out toward the left in order to get around the bend. Stay away from the side of the truck as this occurs, because you could become crushed by the side of the truck.

What are common injuries suffered as a result of truck accidents?

In car vs. truck collisions, the bigger vehicle typically wins. Most smaller vehicles don’t stand a chance against the sheer mass of a truck, and the drivers often pay the price. As you can probably imagine, those who are involved in Raleigh truck accidents typically suffer from painful and life-changing injuries. Here are a few:

• Back and neck injuries: Sprains, strains, spinal fractures, torn or ruptured discs, and dislocations in the back and neck are all common problems associated with accident involvement. Your back and neck are aggressively and forcefully moved around when in a collision, which can lead to crippling pain and severe disabilities.
• Head injuries: The head is extremely vulnerable to becoming injured in an accident. It can strike almost any surface or object in a vehicle, and suffer from concussions, lacerations, and traumatic brain injuries as a result.
• Broken bones: Due to the amount of force that occurs in truck accidents, victims often experience broken bones. The legs and arms are typically at risk, however, the back and neck can also experience fractures and breaks because of the impact.
• Internal injuries: Some of the most serious issues are those that are unseen. Victims can experience damage to their internal organs because of the seat belt, the steering wheel, vehicle parts or the truck itself.
• Burns: Vehicle fires can cause those inside to suffer from devastating burns, and unfortunately, they are very common. In fact, vehicle fire is the leading cause of burns in truck accident victims.

Along with dealing with the pain and life adjustment because of the accident, you may also lose time away from work and lost wages, which isn’t fair.

What damages can I seek after a truck accident?

You were driving on the Raleigh Beltline when traffic suddenly came to a halt. You were far enough behind the vehicle in front of you that you were able to stop before colliding with its bumper. The truck behind you, however, was not – and crashed into you. The back of your vehicle became a crumpled mess, and you were left with severe injuries. As the victim of a Raleigh truck accident, you have a right to seek damages. Here are some of the economic damages you can seek.

• Current medical expenses: You can seek fees associated with emergency room exams, surgery, hospital care, assistive devices and appointments with approved medical professionals.
• Future medical expenses: If your injuries are severe enough that they will cause future medical expenses, you may be able to receive compensation for what you’ll eventually spend.
• Lost wages: Your injuries may prevent you from being able to work, either temporarily or permanently. You could receive the lost wages you were expected to earn between the time of injury and the conclusion of the lawsuit.
• Loss of earning capacity: If you can demonstrate that your ability to earn a living has been negatively impacted because of your injuries, you may be able to receive the money you would have earned if you were not involved in the accident.

Being injured in a truck accident can take a severe toll on you, but receiving compensation can help take some of the stress away.

How long do I have to file a claim after a truck accident?

In North Carolina, the statute of limitations for motor vehicle accident claims is generally three years from the date of a crash, unless the claim is for wrongful death, which has a two-year statute of limitations. If you fail to initiate a lawsuit within the applicable time limit, you will lose your right to compensation for your losses entirely.

What evidence is crucial in a truck accident case?

Every case is fact-specific, so you need evidence to show the defendant’s negligence and the extent of your injuries and other losses. Some of the evidence that can be critically important includes:

• Police reports and notes by first responders
• Black box data from the truck and your vehicle to show speeds, braking and more
• Electronic logging device data to show hours of service
• Cell phone records, training certifications, disciplinary records and trucker logs
• Dash cam video, traffic cam video and recordings by nearby security cameras
• Photos and videos of the scene by those involved or witnesses
• Truck maintenance records
• Medical records showing injuries and recovery steps
• Employment records showing lost work time

In some cases, medical experts, financial experts and accident reconstructionists may be involved.

A skilled truck accident lawyer can take swift action to make sure that key pieces of evidence are properly preserved in advance of a claim.

How do I deal with insurance companies after a truck accident?

It is important to recognize that insurance company adjusters – no matter how sympathetic they may seem – have one job: saving the insurance company money.  Report the accident promptly to your insurer, but be very factual. Do not speculate about the extent of your injuries or fault.

Decline to give recorded statements. If at all possible, avoid speaking with the other party’s insurer until you have spoken to an attorney. Letting an attorney handle all your ongoing communications with the insurance companies involved is best.

Can I claim compensation if I was partially at fault in the truck accident?

North Carolina is one of the few states that uses a very strict pure contributory negligence rule – which means that if you are even 1% at fault for the accident, you cannot recover any of your losses. That makes it vital to limit your communications with the other parties involved and their insurers so that nothing you may say can later be twisted into an admission of responsibility.

Contact Me Today For a Free Case Review

Contact my Raleigh-based firm, Maurer Law, for a completely free consultation and to learn about your options after your truck accident. You can reach me online or call 704-899-2133.