Truck Crashes in North Carolina: Risks, Regulations, and Qualified Legal Help
By Adam J. Langino, Esq.
The Toll of Truck Accidents in North Carolina
Large truck accidents are a significant public safety concern in North Carolina. Although big rigs and semi-trucks make up a relatively small fraction of vehicles on the road, they are involved in a disproportionate share of deadly crashes. Nationally, only about 5% of all registered vehicles are large trucks, yet they account for 9% of vehicles involved in fatal crashes1. In 2021 alone, 5,700 large trucks were involved in fatal crashes in the U.S., an 18% increase from the prior year and a staggering 49% increase over the last decade1. North Carolina has not been immune to these trends. In fact, North Carolina consistently ranks among the worst states for truck accidents (behind only places like Texas and California), with thousands of truck crashes every year.
The human impact of these crashes is severe. North Carolina experiences approximately 2,500 injuries each year from commercial truck accidents, and around 150 fatal truck crashes annually. Because of the massive size mismatch between an 18-wheeler and a passenger car, it is usually the people in the smaller vehicle who suffer the most. Studies show that in fatal truck crashes, 68% of those killed are occupants of other vehicles, while 22% are truck drivers and 10% are nearby pedestrians or bystanders2. In other words, people in cars are far more likely to be the victims when a big truck collides with a smaller vehicle.
Common Factors in Truck Collisions
Why do these catastrophic truck crashes happen? Many involve preventable driver behaviors and tough conditions of the trucking industry. Two of the most significant contributing factors are excessive speed and driver fatigue or distraction:
Speeding: Big trucks already need a greater distance to slow down and stop safely, so speeding greatly magnifies the danger. In 2020, speeding was the most common driver-related factor in fatal truck collisions in the U.S.1. Many rural highways in North Carolina post lower speed limits for trucks, recognizing that a fully loaded tractor-trailer can’t maneuver or brake like a car. Yet about 55% of fatal truck crashes occur in rural areas, partly because open roads tempt truckers to drive too fast. With up to 80,000 pounds of weight barreling down the highway, even a moment of excessive speed can lead to a horrific outcome. National data shows speed-related crashes killed over 11,000 people on American roadways in a single year – dozens of lives lost every day due to drivers going too fast.
Drowsy or Distracted Driving: Truck drivers often work long hours on monotonous roads, making fatigue and distraction constant threats. The National Highway Traffic Safety Administration (NHTSA) estimates that in 2017, about 91,000 police-reported crashes involved drowsy drivers, causing an estimated 50,000 injuries and nearly 800 deaths. Safety investigators believe this is an underestimate, since it’s hard to prove fatigue after a crash. The Federal Motor Carrier Safety Administration (FMCSA) found that 13% of commercial vehicle drivers were fatigued at the time of their crash. “Inattention and impairment” – which includes exhaustion, cell phone use, or other distractions – is the second-leading driver-related cause of fatal truck accidents. Examples of distraction can range from texting behind the wheel (which is illegal for truckers, as discussed later) to something as simple as eating or adjusting the GPS. Any activity that takes a truck driver’s eyes or mind off the road, even briefly, can have devastating consequences given the size and momentum of these vehicles.
In short, the “human factor” is often a decisive element in truck crashes. Truckers are highly trained professionals, but they are not immune to mistakes or risky decisions. That is why strict safety regulations exist – to reduce the chance of errors and to protect everyone on the road. In the next section, we outline the key standards and rules that commercial truck drivers in North Carolina (and nationwide) must follow.
Safety Standards and Regulations for Truck Drivers
Operating an 18-wheeler safely requires skill, training, and compliance with a host of state and federal regulations. North Carolina incorporates federal trucking safety rules, meaning that drivers and trucking companies must adhere to laws set by agencies like the FMCSA in addition to state-specific laws. These rules are in place to prevent the very crashes and fatalities discussed above. Here are some of the critical standards that commercial truck drivers must meet:
1. Commercial Driver’s License (CDL): Every commercial truck driver is required to hold a valid CDL issued by their state of residence. North Carolina, like all states, mandates a special CDL for anyone driving large trucks (generally vehicles over 26,001 pounds GVWR or carrying many passengers or hazardous materials). Obtaining a CDL involves rigorous knowledge and road tests. Drivers must demonstrate proficiency in handling big rigs, understanding truck safety, and inspecting their vehicles. There are different CDL classes and endorsements for various types of trucks and cargo (for example, additional endorsements are needed to transport tankers, hazardous materials, or to drive double trailers). The state DMV checks each CDL applicant’s driving record nationwide to ensure no disqualifications or multiple licenses. In short, a truck driver can’t just have an ordinary driver’s license – they must be specially trained and licensed to operate commercial trucks.
2. Hours-of-Service (HOS) Rules: To combat driver fatigue, the hours-of-service regulations strictly limit how long truckers can drive and work before resting. These federal rules apply in North Carolina and are enforced by requiring drivers to log their hours. The basic HOS rules for property-carrying truck drivers include:
Maximum Driving Hours: A truck driver may drive at most 11 hours after taking at least 10 consecutive hours off-duty (e.g. after a full night’s rest). In practical terms, this means a trucker cannot just drive endlessly; after up to 11 hours behind the wheel, they must stop and rest.
Work Day Length: A truck driver cannot drive beyond the 14th hour after coming on duty in a day (even if they took breaks during the day). For example, if a driver starts their shift at 6:00 AM, they cannot drive past 8:00 PM that same day. This prevents extremely long work days. Off-duty breaks (other than a sleeper berth break) generally do not extend this 14-hour window.
Mandatory Breaks: Drivers must take a 30-minute break after 8 cumulative hours of driving without a significant interruption. This half-hour off-duty (or on-duty but not driving) pause helps drivers recharge a bit before continuing.
Weekly Limits: Perhaps most importantly, truckers have weekly on-duty limits. In any 7-day period, a driver may not drive after 60 total hours on duty (the limit is 70 hours in 8 days for carriers that operate every day of the week). This is often called the “60/70-hour rule.” If a driver hits that limit, they must stop driving until they have a sufficient off-duty stretch. The rules allow a “34-hour restart”, meaning if a driver takes 34 consecutive hours off-duty, their weekly hour count resets and they can resume a new 7 or 8-day period.
Sleeper Berth Exception: Drivers who have a sleeper berth in their truck can split their required 10 hours of off-duty time into two periods (one of at least 7 consecutive hours in the berth and another of at least 2 hours off) under certain conditions. This flexibility can help drivers nap when needed. However, the total hours on duty and driving still cannot exceed the limits above.
These hours-of-service regulations are strictly enforced because fatigued driving is so dangerous. Truck drivers and their companies face penalties if they falsify logs or exceed these limits. In fact, to bolster compliance, most commercial trucks are now required to use Electronic Logging Devices (ELDs).
3. Electronic Logging Devices (ELDs): An ELD is an electronic system that automatically records a truck’s driving time, engine hours, vehicle movement, and location. Since December 2017, federal law has required most interstate commercial trucks to be equipped with an approved ELD to track the driver’s hours of service66. This digital log replaces the old paper logbooks and makes it much harder for drivers or carriers to cheat on their hours. If a truck driver in North Carolina is stopped for inspection and does not have a required ELD in use, the inspector will cite them and place the driver out-of-service for 10 hours – effectively sidelining them until they’ve had a proper rest6. In other words, driving without an ELD (when one is mandated) is taken very seriously and immediately enforced. ELD data can be tremendously useful after a crash as well: it provides objective evidence of the driver’s hours, potentially revealing if the trucker was over the legal hours or fatigued at the time of a collision. (For example, an ELD might show that a driver had been on duty for 14 hours straight, supporting a claim that fatigue contributed to the wreck.) Overall, ELDs are a key safety technology to ensure truckers don’t push beyond safe limits.
4. Vehicle Maintenance and Inspections: A cornerstone of truck safety is making sure the truck itself is in safe operating condition. Commercial drivers in North Carolina must perform pre-trip inspections of their vehicle (checking brakes, tires, lights, etc.) and often post-trip inspections as well. Any safety defects must be noted and repaired. Additionally, trucks are subject to regular safety inspections by state authorities and the U.S. Department of Transportation. North Carolina state law, in line with federal standards, can place a truck out of service if it fails to meet safety criteria (for example, if brakes are out of adjustment or tires are dangerously worn). Keeping a 18-wheeler roadworthy is not optional – it’s required by law, and companies can be fined or liable for accidents if they neglect maintenance. Common equipment regulations involve brake performance, working lights and signals, properly attached trailer connections, and weight limits. It’s worth noting that the legal maximum weight for a standard semi-truck on U.S. highways is 80,000 pounds (40 tons) without special permits. Overloading a truck beyond allowed weight is illegal because it makes braking and handling more difficult. Thus, following load weight regulations is another important safety standard for trucking in North Carolina.
5. Sobriety and Drug Testing: Driving under the influence of alcohol or drugs is illegal for any driver, but truckers face even stricter rules. The legal blood alcohol concentration (BAC) limit for commercial drivers is 0.04% (half the 0.08% limit for typical drivers). If a CDL holder is caught driving a commercial vehicle with a 0.04% BAC or higher, they will be put out of service immediately and can lose their CDL. Even a detectable amount below 0.04% leads to a 24-hour out-of-service order. Truck drivers are subject to random drug and alcohol testing under federal law. A trucker who fails a drug test (for example, testing positive for controlled substances) or is convicted of DUI in any vehicle faces disqualification. Fortunately, alcohol is a factor in only about 2% of fatal truck crashes in North Carolina – much lower than in regular car crashes – indicating that most truck drivers do stay sober on the road. The severe penalties and professional responsibility associated with a CDL help keep impaired truck driving rare.
6. Distracted Driving Laws: Because of the extreme risk that comes with an 80-foot tractor-trailer barreling down the highway, truck drivers are prohibited from engaging in many distracting activities while driving. North Carolina law and federal regulations ban commercial drivers from texting or using handheld mobile phones behind the wheel. The FMCSA’s “No Texting” rule defines texting broadly – it includes sending or reading texts, emails, instant messages, or even dialing multiple buttons on a phone. Hitting a single button to start or end a call is allowed, but anything more is considered texting/inappropriate device use. The penalties are hefty: a truck driver can be fined up to $2,750 for texting while driving, and a trucking company can be fined up to $11,000 if it requires or allows drivers to use hand-held devices on the road. Repeat violations can lead to a CDL disqualification (loss of license). These rules mean that truckers should use hands-free devices if they must communicate, or ideally, pull over to a safe area to use their phone or GPS. The FMCSA has actively campaigned to end distracted driving among commercial drivers, noting that in 2019 driver distraction/inattention was linked to 261 fatal large truck crashes nationwide. For the safety of everyone, a truck driver in North Carolina is expected to keep their full attention on driving – no texting, scrolling, or other distractions. Similarly, trucking companies are expected to educate and monitor their drivers to ensure compliance with these rules.
7. Medical Fitness Requirements: Given the demands of the job, truck drivers must be medically qualified to drive. This means they are required to pass a thorough medical exam by a certified examiner at least once every two years. The exam checks vision, hearing, cardiovascular health, neurological function, and other conditions that might affect safe driving. Certain medical conditions can disqualify someone from driving a commercial truck – for instance, untreated severe sleep apnea or narcolepsy (a disorder causing sudden sleep attacks) will bar a driver from certification. Even some medications (like habit-forming narcotics or seizure drugs) may be disqualifying if they pose a safety risk. The idea is straightforward: a driver who might black out, fall asleep, or be physically unable to control the truck is a danger to the public. North Carolina enforces these medical standards when issuing CDLs. If a driver doesn’t keep their medical certificate up to date, the state can downgrade or suspend their CDL privileges. This is another layer of protection – ensuring that people behind the wheel of 40-ton trucks are healthy enough to do so safely.
Summary of Key Truck Driver Standards
For a quick reference, the table below summarizes some of the major safety requirements for commercial truck drivers in North Carolina:
Safety Standard | Requirement in North Carolina |
Commercial License (CDL) | Must hold a valid CDL for the appropriate class of truck. CDL issued after skills & knowledge tests; state checks all prior licenses for disqualification. Special endorsements needed for hazmat, tank trucks, etc. Minimum age 21 for interstate driving. |
Max Driving Hours (HOS) | 11-hour driving limit after 10 consecutive hours off duty (daily). 14-hour duty limit in a workday (cannot drive after the 14th hour on duty). Must take 30-min break after 8 hours driving without a break. |
Weekly Hours Limit | 60 hours on duty in 7 days (or 70 hours in 8 days) max. Requires at least 34 hours off-duty to reset for a new week. Cannot exceed these limits – prevents cumulative fatigue. |
Electronic Logging Device | An FMCSA-compliant ELD must be used to automatically record driving hours (replacing paper logs). No ELD = out-of-service order for 10 hours if required and not present. ELD records date, time, engine hours, miles, location periodically. |
No Texting / Phone Use | Texting or using a handheld phone while driving a truck is illegal. Federal “No Texting” rule in effect. Only one-button or hands-free use is allowed. Penalties up to $2,750 (driver) and $11,000 (employer) for violations. Multiple violations can disqualify a driver. |
Alcohol/Drug Rules | 0.04% BAC limit for commercial drivers (lower than standard) – violations trigger immediate out-of-service. Random drug/alcohol testing required. Major offenses (DUI, refusing test, controlled substance use) lead to CDL suspension or revocation. |
Vehicle Condition | Driver must do pre-trip inspections of brakes, tires, lights, etc. Defects must be fixed before driving. Annual safety inspections required. Out-of-Service criteria apply for critical violations (e.g. brake failure). Max weight 80,000 lbs on highways without special permit. Cargo must be properly secured per FMCSA rules to prevent shifting loads. |
Medical Fitness | Must possess a valid Medical Examiner’s Certificate (medical card). Physical exam required at least every 2 years by certified medical examiner. Disqualifying conditions include uncontrolled diabetes, serious heart conditions, epilepsy, narcolepsy, etc., unless cleared by FMCSA standards. Drivers with certain conditions may drive if properly treated (e.g. sleep apnea with CPAP). |
Table: Key regulations governing commercial truck drivers in NC (incorporating federal FMCSA rules). Non-compliance can result in penalties, fines, or a driver being taken off the road to protect public safety.
These standards create a framework intended to keep our roads safe. When truck drivers and trucking companies follow these rules, the risk of a catastrophic crash is greatly reduced. However, if they cut corners or violate the rules – for example, if a driver skips rest breaks to meet a tight deadline, or a company fails to repair faulty brakes – the consequences can be dire. Determining whether a truck driver obeyed all these regulations is often a crucial part of a legal case after a truck accident. This is one reason why having an attorney who thoroughly understands trucking laws is so important for victims seeking justice.
How Langino Law Can Help Victims of Truck Collisions
Facing the aftermath of a serious truck accident can be overwhelming. Victims and their families are suddenly dealing with devastating injuries, medical bills, and confusing insurance and legal questions. Trucking companies and their insurers often respond quickly to a crash, sometimes sending investigators to the scene within hours, all with an eye toward minimizing their liability. This is where Langino Law and attorney Adam Langino’s experience make a difference.
Adam J. Langino is a highly respected trial attorney with deep knowledge of truck accident litigation. Based in Chapel Hill, NC (and also licensed in Florida), he has built a reputation for standing up to large insurance companies and trucking firms on behalf of injured clients. In fact, Best Lawyers profiled one of Adam Langino’s insights, noting: “He handles catastrophic injury and wrongful death cases in North Carolina and Florida, and has the knowledge, experience, and courage to stand up to insurance companies and large corporations on behalf of his clients.”. Over his career, Adam Langino has handled many truck collision claims, giving him first-hand familiarity with the unique complexities of these cases. Truck accident cases aren’t like ordinary car wrecks – they involve specialized laws, industry practices, and often aggressive defense tactics from trucking companies. Langino Law’s background in this field means they know how to navigate these challenges.
Here are a few reasons Langino Law is well-qualified to help if you’ve been injured in a truck crash:
Mastery of Trucking Regulations: As demonstrated in the earlier section, a successful truck accident claim often hinges on whether the truck driver or company violated safety rules. Langino Law has a firm grasp of FMCSA and North Carolina trucking regulations – from hours-of-service logs to ELD data, drug testing rules, maintenance records, and more. The firm has even published educational articles on these topics. For example, Adam Langino has written about using Electronic Logging Device data to prove a truck driver was at fault, explaining that a skilled lawyer can analyze the ELD records to show if a trucker was “too tired to drive” or had driven more hours than allowed. This kind of insight can be the key to winning a case against a negligent trucking company. Langino Law will pore over the evidence to see if any safety violations contributed to the crash – such as logbook discrepancies indicating the driver was beyond their hours limit, lack of required rest, an out-of-service condition, or cellphone records showing illegal texting. By knowing what to look for, they can build a strong argument that a rule violation equals negligence.
Resources and Experts: Taking on a trucking company requires resources and expert knowledge. Langino Law has access to reconstruction experts, trucking safety experts, and industry professionals who can help piece together exactly what happened and why. For instance, if there's a question about whether a tractor-trailer’s brakes failed, the firm can bring in a mechanical engineer expert to examine the truck’s maintenance records and physical condition. Adam Langino’s team will also gather police reports, witness statements, dash cam or surveillance videos, and any other available evidence. They understand how to obtain and interpret the truck’s “black box” data (ECM data) which records speed, braking, and engine info, as well as the ELD logs and dispatch records. This thorough approach ensures that no stone is left unturned. Their familiarity with the “big picture” of trucking operations (dispatch pressures, driver pay systems, etc.) allows them to identify if systemic issues – like a company pressuring a driver to speed or skip rest – played a role.
Proven Results in Truck Accident Cases: Langino Law’s track record shows success in holding trucking companies accountable. For example, the firm secured $1,950,000 in a catastrophic injury settlement for a man who was severely injured on the side of the road when a truck caused a collision. While every case is different, results like that demonstrate the firm’s ability to win substantial compensation even in complex scenarios. They know how to deal with the high-stakes litigation tactics that typically come with trucking cases – from large defense law firms to corporate insurance adjusters. Adam Langino is a trial lawyer who is not afraid to take a case to court if a fair settlement isn’t offered. This willingness to go the distance often encourages better settlement offers, because the other side knows the victim has a determined advocate.
Compassionate, Client-Focused Service: Equally important, Langino Law understands the human toll these crashes take. Adam Langino has been described by colleagues and clients as a “caring individual who works extremely hard at achieving justice for his clients”. They handle the legal burdens so that clients can focus on healing. Langino Law offers free consultations and works on a contingency fee, which means you pay nothing upfront and no fee at all unless they recover money for you. This aligns their interests with yours – fighting to maximize the compensation you receive for medical bills, lost wages, pain and suffering, and other damages.
Dueling the Big Defendants: Trucking cases often involve multiple potentially liable parties – the truck driver, the trucking company (carrier), sometimes a shipping broker or truck manufacturer. There may also be multiple insurance policies (the truck's policy, the trailer’s policy, corporate umbrella policies, etc.). Langino Law is adept at identifying all possible defendants and insurance sources to ensure you aren’t short-changed. They also know how to counter common defense strategies. For instance, if a trucking company tries to claim an “unavoidable sudden medical emergency” or blame a car driver for cutting off the truck, Langino Law will rigorously investigate and challenge those claims. The firm’s thorough preparation and knowledge of case law help level the playing field for an injured person going up against a well-funded corporate defendant.
In summary, Langino Law combines legal firepower with personalized care. Adam Langino’s unique combination of experience – handling numerous truck cases, being licensed in NC and familiar with local courts, and understanding the nuances of trucking regulations – makes the firm a strong ally for anyone hurt in a tractor-trailer collision. They know what evidence to gather, which experts to consult, and how to clearly demonstrate fault under North Carolina law (which follows a strict contributory negligence standard). Their goal is to obtain full and fair compensation to cover all of your losses and to hold negligent truck drivers or companies accountable.
Conclusion
Truck accidents in North Carolina pose a serious danger due to the destructive forces involved when heavy rigs collide with other vehicles. The state and federal governments have put many safety standards in place – from special licensing and mandatory rest rules to bans on texting – all aimed at preventing these tragedies. Even so, truck crashes still occur far too often, frequently because a safety rule was broken or a driver made a reckless choice. If you or a loved one has been injured in a truck collision, you have the right to seek answers and justice.
Langino Law is here to help victims of truck crashes navigate the road ahead. With extensive knowledge of truck safety regulations and a proven record of standing up to trucking companies, the team at Langino Law serves as a powerful advocate for injured individuals. Adam Langino and his colleagues will investigate the crash, find out if the trucker or company cut corners on safety, and fight to get you the compensation you need to rebuild your life. As one legal peer said about Adam, “his command of the courtroom wins cases” – exactly the kind of skill you want on your side when facing off against trucking industry defendants.
Being involved in a truck accident is often life-changing, but you don’t have to go through the aftermath alone. Langino Law offers free consultations to evaluate your case and explain your options. They work on contingency, so there is no upfront cost. If they take your case, they will handle all aspects – dealing with insurance adjusters, filing legal documents, negotiating settlements, or taking the case to trial if needed – while you focus on healing.
In the end, trucking companies and their insurers should be held accountable when their negligence harms innocent people. The law provides a path to recovery, and firms like Langino Law are dedicated to guiding clients down that path with expertise and compassion. If you have questions about a truck accident or want to discuss your situation, consider reaching out to Langino Law for a caring, knowledgeable, and relentless representation of your interests. You can contact Langino Law here for a free consultation.
The information in this article is supported by data and sources, including the North Carolina Traffic Crash Facts report, Federal Motor Carrier Safety Administration regulations, and insights from Langino Law’s own articles on trucking safety. Notable sources include statistics from the National Safety Council and NHTSA on truck crash trends, state-specific data on North Carolina’s annual truck accidents and injuries, and FMCSA guidelines on hours of service and electronic logging. Adam Langino’s commentary on trucking issues and documented case results further illustrate the points discussed.