A major factor in an injury victim’s ability to recover fair compensation for their losses following a North Carolina truck accident is whether or not the truck involved was operating either interstate or intrastate. There are different laws and regulations for interstate and intrastate commercial vehicles. It is important to consult with an attorney who is well-versed in complex commercial vehicle litigation as they will know how to best prepare your case, given the different laws applicable for different types of trucks.
If you or a loved one has been injured in a truck accident, regardless of whether the truck involved was traveling interstate or intrastate, we believe that you deserve both compassion and compensation for your losses. You may be able to file a claim to recover current and future medical expenses, lost wages, pain and suffering and wrongful death benefits in the event that the accident resulted in the fatality of your loved one.
To begin exploring your legal options, contact our North Carolina truck accident attorneys today by completing the Free Case Review form to the left.
Interstate Trucking Laws
Interstate traffic refers to any commercial truck that travels between states. Different types of trucks that typically travel interstate include:
- Highway trucks
- Department store semi-trailers
- FedEx trucks
- Logging trucks
- UPS trucks
- Private charters, like Greyhound buses
These types of trucks are regulated by the Department of Transportation and are covered by the Federal Motor Carrier Safety Standards. These laws include driver regulations, vehicle regulations, company regulations, FMCSA Hazmat regulations and regulatory guidance. For a comprehensive list of all the interstate truck rules and regulations, visit the U.S. Department of Transportation’s website.
If you were injured in an accident caused by an interstate truck, you may be able to recover financial compensation for any damages. Simply complete the Free Case Review form to the left to speak with one of our lawyers today to see how we may be able to help you with your claim.
Intrastate Trucking Laws
Commercial trucks that work and deliver goods within one state are considered intrastate traffic. North Carolina intrastate vehicles include:
- School buses
- Armored trucks
- Garbage trucks
- Dump trucks
- Cement trucks
- Fire trucks
- Public transportation buses and vans
- Gas trucks
- Water trucks
Intrastate trucks are not regulated by the Department of Transportation. Instead, they are governed by state laws, although most states, including North Carolina, have adopted the bulk of the Federal Motor Carrier Safety Regulations, with some exemptions:
- If an intrastate driver is not transporting hazardous materials, he or she may be as young as 18 years old.
- Drivers who do not meet the physical requirements to operate a motor vehicle in North Carolina can attempt to obtain a waiver from the state.
- An intrastate truck driver cannot drive more than 12 hours following eight consecutive hours off-duty; of for any period after having been on duty 16 hours following eight consecutive hours off duty. Additionally, a driver is not allowed to driver after having been on duty 70 hours in seven consecutive days, or 80 hours in eight consecutive days. Eligibility to operate a commercial vehicle intrastate is determined by the driver’s previous seven days of operation.
If you are involved in an accident with an intrastate truck, your ability to recover compensation will be subject to North Carolina state laws. Without the help of an attorney, filing a lawsuit against an intrastate trucking company can be difficult. We encourage you to contact our lawyers today by completing the Free Case Review form on this page to see how we may be able to help you pursue justice for your losses.
Contact a Knowledgeable North Carolina Truck Accident Attorney Today
After being involved in a truck accident in North Carolina, it is important to consult with an attorney who is well-versed in interstate and intrastate trucking regulations. In addition to these regulations, there are many factors which need to be considered when pursuing compensation for losses incurred in a truck accident.
Any number of individuals or entities may be responsible for the accident, including the truck driver, the truck company who employs the driver, the owner of the trailer, and the shipping company whose goods were being transported at the time of the collision.
In order for a truck accident injury victim to successfully recover compensation for any damages, they must be able to show that they did not cause the crash.
At Lewis & Keller, formerly Mike Lewis Attorneys, we understand the intricacies involved in commercial vehicle accident claims. We urge you to contact our firm today to schedule a free, initial consultation with one of our attorneys. We can assess the merits of your potential claim and offer guidance on how to best pursue legal and financial recourse for your losses.
In an effort to make sure that our clients are able to afford proper representation in their pursuit for justice, our personal injury law firm operates on a contingency fee basis. This means that if you choose to hire our attorneys, we do not charge you any fees until we are able to successfully obtain a favorable jury verdict or settlement for your injury claim. If we fail to do so, there is never any cost to you.
For more information on the legal rights which may be available to North Carolina truck accident injury victims and their families or to schedule a confidential, no-obligation case evaluation with a member of our legal team, please complete the Free Case Review form on this page.