Commercial Truck Accident Attorneys

A collision with a tractor-trailer can change your life in an instant. These massive vehicles can cause devastating injuries, overwhelming medical bills, and months or even years of recovery.

You might be dealing with trauma, financial stress, and confusion about your legal options, all while the trucking company and its insurer get to work protecting their own interests.

At Marcari, Russotto, Spencer & Balaban, we handle the legal burdens so you can focus on healing. Our injury and accident attorneys understand the complex state and federal laws that govern truck accidents in Virginia, North Carolina, and South Carolina. We’re ready to advocate for you and pursue fair compensation for you.

“If you are on the fence about choosing this law firm, please get off the fence and call them. I am very pleased with the outcome of my case. Lynder and Cathy are awesome.” — Donna R.

Types of Tractor-Trailer Accidents Marcari, Russotto, Spencer & Balaban Handles

Our truck accident attorneys represent clients across Virginia, North Carolina, and South Carolina who have been injured in a wide range of commercial vehicle crashes. We handle claims involving:

• Jackknife accidents
• Rollovers
• Underride collisions
• Tire blowouts
• Accidents involving hazardous materials
• Head-on collisions
• Sideswipe crashes
• Rear-end impacts

Importance of Hiring a Truck Accident Lawyer

Truck accident claims are rarely straightforward, especially in Virginia, North Carolina, and South Carolina, where federal and state regulations can both apply. These cases often involve severe injuries, multiple liable parties, and aggressive insurance defense teams.

Trying to handle a truck accident claim on your own can lead to missed deadlines, lost evidence, or accepting a settlement that does not reflect the full extent of your losses.

Hiring an experienced truck accident attorney gives you a clear advantage. Your lawyer can preserve crucial evidence, communicate with the insurance company on your behalf, and pursue the full amount of compensation you may be entitled to under the law.

Why Choose Marcari, Russotto, Spencer & Balaban

Marcari, Russotto, Spencer & Balaban is a dedicated personal injury law firm with a strong track record in truck accident cases throughout Virginia, North Carolina, and South Carolina.

Our attorneys bring more than 200 years of combined legal experience to every case and understand the complex laws that govern commercial trucking. We are committed to advocating for injury victims and guiding our clients through every step of the legal process.

We Work on a Contingency Fee Basis

You do not pay anything up front to work with our firm. We operate on a contingency fee basis, which means we only collect fees if we successfully recover compensation on your behalf.

We also offer free consultations to help you understand your legal options. Our goal is to let you focus on your recovery without the stress of hourly rates or unexpected legal bills.

Recent Settlements We’ve Won for Clients

Some of our recent case results include:

• $2,750,000 for a motor vehicle accident at Fort Bragg involving product liability and a wrongful death
• $2,826,000 for a motor vehicle accident in North Carolina
• $645,000 for a motor vehicle accident in Raleigh, North Carolina
• $600,000 for a motor vehicle accident resulting in wrongful death in Virginia

Testimonials

“Great group and very transparent. I was very nervous about the accident I was in but they took care of everything as they said they would. My settlement was more than fair and they handled it.” — Dan I.

“I can’t thank your law office enough for everything you did for me! After my car was totaled back in May 2024, you immediately stepped in and made sure I was taken care of every step of the way. You connected me with an amazing physical therapist who helped me get back on track physically, and your constant communication gave me so much peace of mind—I never had to stress or wonder if things were moving forward. You truly went above and beyond to make sure everything was handled fairly, and I’m so grateful. I’ll happily recommend your office to anyone I know who ever finds themselves in a situation like mine!” — Maikel B.

What Qualifies as a Commercial Truck?

Any vehicle used for business purposes, including the transportation of goods or passengers, qualifies as a commercial truck. Common examples include:

• 18-wheelers
• Semi-trucks
• Big rigs
• Tractor-trailers
• Delivery trucks
• Tanker trucks
• Ambulances

Commercial Truck Driver Requirements

Because commercial trucks pose a higher risk of causing serious injury, truck drivers must comply with both state and federal safety regulations. These include licensing, training, and hours-of-service rules established by the Federal Motor Carrier Safety Administration (FMCSA). If a driver fails to obey these laws and causes a crash, that violation may support a negligence claim.

Virginia

In Virginia, commercial drivers must be at least 18 years old to obtain a commercial driver’s license (CDL). However, federal law requires drivers to be at least 21 to operate across state lines, transport hazardous materials, or haul interstate freight.

Vehicles that qualify as commercial under Virginia law include those with a gross vehicle weight rating (GVWR) of 26,001 pounds or more, or combinations of vehicles where the towed unit exceeds 10,000 pounds.

Virginia also imposes state-specific hours-of-service limits. Intrastate commercial drivers may not drive more than 12 hours following 10 consecutive hours off duty or remain on duty longer than 16 hours in a 24-hour period. Additionally, under federal and state law, drivers may not operate after being on duty for 60 hours over seven consecutive days or 70 hours over eight consecutive days, depending on the carrier’s schedule.

South Carolina

To qualify for a CDL in South Carolina, a driver must be at least 18 years old and hold a valid South Carolina driver’s license.

Applicants must complete entry-level training, which includes instruction on state and federal regulations, vehicle inspection procedures, and safe driving practices.

They must also pass a Department of Transportation (DOT) physical exam and provide a driving record covering the past 10 years.

North Carolina

In North Carolina, CDL applicants must be at least 18 years old and hold a valid Class A, B, or C driver’s license.

Drivers must pass a written knowledge test, a skills test, and undergo drug and alcohol screening.

If a truck driver operates a vehicle without proper licensing or fails a substance test, they may be found negligent if they cause a crash.

Key Differences Between Tractor-Trailer and Car Accident Claims

Truck and car accident claims differ in several important ways, especially when it comes to complexity and liability. Commercial truck cases often require a dedicated truck accident attorney due to factors such as:

• Commercial trucks are significantly larger and heavier than passenger vehicles, which means accidents are more likely to result in catastrophic injuries.
• Truck drivers must comply with both state and federal safety regulations.
• Drivers are required to conduct regular vehicle inspections and ongoing maintenance.
• Drug and alcohol testing is mandatory for commercial drivers who are required to hold a commercial driver’s license (CDL) under federal regulations. These rules apply to drivers operating vehicles over 26,000 pounds, carrying hazardous materials, or transporting passengers, but may not cover all types of commercial vehicle operators.
• Truck crashes often involve multiple potentially liable parties, including the driver, the trucking company, and third-party contractors.
• Trucking companies typically have legal teams and high-limit insurance policies focused on minimizing payouts.

Most Common Causes of Truck Accidents

Truck accidents in Virginia, North Carolina, and South Carolina are often caused by a combination of driver error, equipment issues, and unsafe operating conditions. Common causes include:

• Driver fatigue
• Distracted driving
• Poor vehicle maintenance
• Mechanical failure
• Improperly loaded cargo
• Aggressive or reckless driving
• Unsafe road conditions
• Driving too fast for weather or traffic conditions
• Driving under the influence
• Speeding

Identifying the underlying cause of a truck wreck is essential to proving fault. For example, if a truck was not properly maintained, the trucking company may be held liable in addition to the driver.

Common Truck Accident Injuries Victims Suffer From

Accidents involving commercial trucks often lead to severe or life-altering injuries due to the sheer size and weight of the vehicle. Victims in Virginia, North Carolina, and South Carolina may suffer a range of injuries, including:

• Traumatic brain injuries (TBIs)
• Spinal cord injuries
• Internal organ injuries
• Head and neck trauma
• Permanent or partial disability
• Eye injuries
• Crushed or broken bones
• Lacerations and severe bruising

These injuries can result in long-term medical treatment, loss of income, and emotional distress. If you or a loved one has been hurt in a truck accident, it is important to speak with a qualified attorney as soon as possible.

At Marcari, Russotto, Spencer & Balaban, we help injury victims pursue the compensation they may need for medical care, lost wages, and other damages. Let our team handle the legal process while you focus on your recovery.

What Victims Should Do After an Accident With a Truck

After a truck accident, your health and safety come first, but the steps you take next can also affect your legal claim. If you are physically able, take the following actions:

1. Call 911 and request emergency responders.
2. Check on others involved, but do not discuss fault or apologize.
3. Take photos of the vehicles, roadway, and any visible injuries.
4. Collect the truck driver’s contact, license, insurance, and CDL information.
5. Allow EMTs to examine you, even if injuries seem minor.
6. Seek medical care as soon as possible and follow all recommended treatment.
7. Avoid posting about the accident on social media.
8. Do not provide a recorded statement to the insurance company.
9. Contact a truck accident attorney who can protect your rights and begin an investigation.

Trucking companies often deploy their legal teams immediately after a crash. The sooner you speak with a lawyer, the better your chances of preserving evidence and building a strong claim.

Marcari, Russotto, Spencer & Balaban represents truck accident victims throughout Virginia, North Carolina, and South Carolina. We are ready to act quickly on your behalf so you can focus on healing.

Can You Sue After a Truck Accident Involving a Government Vehicle?

Truck accidents involving government vehicles are legally different from other types of claims. If the at-fault driver was operating a vehicle owned by a city, county, state, or federal agency, you may still have a right to seek compensation, but the process is more complex and the deadlines are shorter.

Some government agencies are protected by sovereign immunity, which limits when and how they can be sued. Others allow claims but impose strict filing requirements and caps on damages. For example:

• You may need to file a formal notice of claim within months of the accident.
• In many personal injury cases, you must bring your claim through the agency’s administrative process, not directly in civil court.

If your case involves a federal employee or vehicle, the Federal Tort Claims Act (FTCA) may apply. This law allows injury victims to pursue compensation from the federal government under specific conditions.

Because of the strict rules and deadlines, it is critical to speak with an experienced truck accident attorney as soon as possible. Marcari, Russotto, Spencer & Balaban can evaluate your case and determine the appropriate legal process based on which government entity was involved.

What Compensation Can You Recover After a Truck Accident?

After a truck accident, you may be entitled to compensation for both economic and non-economic losses. These damages reflect the full impact of the crash on your health, finances, and quality of life.

Economic damages (financial losses) may include:

• Medical expenses (past and future)
• Lost income and wages
• Reduced earning capacity
• Property damage
• Funeral and burial costs (in wrongful death cases)

Non-economic damages (non-financial losses) may include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of companionship or consortium

Virginia and North Carolina follow strict contributory negligence laws, meaning you may be barred from any recovery if you are found even 1% at fault. South Carolina, by contrast, applies a modified comparative negligence rule, allowing you to recover damages as long as you are not more than 50% responsible for the crash. These rules can significantly affect the outcome of your case.

What Your Truck Accident Claim Could Be Worth

The total value of a truck accident claim depends on many factors — including the severity of your injuries, the extent of your financial losses, and who is found at fault.

In some cases, you may be entitled to recover the full cost of your medical treatment, lost income, property damage, and future care needs. You may also be able to pursue non-economic damages, such as pain and suffering or emotional distress.

Calculating these damages is not always straightforward. Insurance companies often try to minimize payouts or shift blame. That’s why having an experienced truck accident attorney is critical. At Marcari, Russotto, Spencer & Balaban, we work to:

• Document the full extent of your injuries and losses
• Identify all potential sources of compensation
• Protect you from unfair settlement offers
• Use case law and expert analysis to support your claim
• Handle communications with insurers and defense attorneys

With offices across Virginia, North Carolina, and South Carolina, we understand how local laws may impact the value of your case. Our legal team can guide you through every step and fight for the compensation you may deserve.

Who Can Be Held Liable in a Truck Accident?

Truck accident cases often involve more than just the driver. Determining liability can be complex, especially when multiple parties may have contributed to the crash. The responsible parties may include:

• The truck driver
• The trucking company
• Other motorists involved in the crash
• Vehicle or truck manufacturers
• Third-party cargo loaders or dispatchers
• Truck maintenance providers or mechanics
• Municipalities responsible for unsafe road conditions
• Inspection or safety contractors

At Marcari, Russotto, Spencer & Balaban, we work with accident reconstruction experts, medical professionals, and investigators to uncover every potential source of liability. This allows us to build a strong case that reflects the full extent of your damages and holds every negligent party accountable.

What if the Trucking Company Says It’s My Fault?

It is common for trucking companies and their insurers to shift blame onto the injured driver in an attempt to reduce their own liability. If this happens, you need to act quickly to protect your rights and gather evidence that supports your version of events.

Working with an experienced truck accident attorney right away can make a significant difference. At Marcari, Russotto, Spencer & Balaban, we begin investigating immediately, using tools such as:

• Police reports and witness statements
• Dashcam or traffic camera footage
• Accident scene photos
• Black box data from the truck
• Expert analysis from accident reconstruction specialists

The sooner our legal team can step in, the easier it becomes to preserve this critical evidence and challenge false or misleading claims made by the trucking company.

How to Prove Negligence in a Truck Accident Claim

To recover compensation after a truck accident, you must show that someone else’s negligence caused your injuries. This requires proving four key legal elements:

• Duty of care: The truck driver, trucking company, or another party had a legal responsibility to operate safely and follow all applicable laws.
• Breach of duty: That duty was violated, such as by speeding, skipping inspections, or ignoring hours-of-service limits.
• Causation: The breach directly caused the crash and your resulting injuries.
• Damages: You suffered measurable losses, such as medical bills, lost wages, or pain and suffering.

Commercial truckers often owe a higher duty of care due to the size of their vehicles and the strict regulations they must follow.

At Marcari, Russotto, Spencer & Balaban, our personal injury attorneys gather the evidence needed to establish negligence and build a strong case on your behalf. Our team knows what it takes to prove fault in complex truck accident claims across Virginia, North Carolina, and South Carolina.

How Long Do You Have to File a Truck Accident Lawsuit?

Every state has a time limit, known as the statute of limitations, for filing a truck accident lawsuit. If you miss this deadline, you may lose your right to seek compensation, even if your injuries are serious or liability is clear.

In Virginia, North Carolina, and South Carolina, these time limits vary. Below is a general overview, but it is important to speak with an attorney as soon as possible to confirm the deadlines that apply to your situation.

Virginia

Under Virginia Code § 8.01-243(A), the statute of limitations for personal injury claims, including truck accidents, is two years from the date of the injury.

If the injured party is a minor, the time limit extends until two years after their 18th birthday under Virginia Code § 8.01-229(A)(1).

Other exceptions may apply if the defendant obstructed the filing, the injured person was incapacitated, or in cases of wrongful death.

North Carolina

According to North Carolina General Statutes § 1-52(16), the statute of limitations for personal injury claims is three years from the date of the accident. However, wrongful death claims have a shorter time frame. They must be filed within two years of the date of death under N.C. Gen. Stat. § 1-53(4).

For minors, the clock starts running once the individual turns 18, per N.C. Gen. Stat. § 1-17(a).

Exceptions may also apply if the defendant leaves the state or actively conceals their identity.

South Carolina

Per South Carolina Code § 15-3-530(5), the statute of limitations for personal injury or vehicle-related wrongful death claims is three years from the date of the accident or death.

If the at-fault party is a government employee or agency, the time limit is two years under the South Carolina Tort Claims Act (S.C. Code § 15-78-110), and a formal notice of claim may also be required.

While these laws establish the legal deadline, many insurance companies require much earlier notice of a claim. Additionally, gathering evidence, obtaining medical records, and preparing a strong case can take time.

The sooner you contact Marcari, Russotto, Spencer & Balaban, the more we can do to protect your rights and build your case. Our attorneys are well-versed in the rules and exceptions that apply in each state.

Get Legal Help After a Truck Accident. Contact Us for a Free Consultation.

If you were injured in a truck accident, you do not have to take on the trucking company or its insurer alone. A personal injury lawyer Marcari, Russotto, Spencer & Balaban can help you understand your legal options, investigate your claim, and pursue the financial recovery you may be entitled to under the law.

Our team serves clients across Virginia, North Carolina, and South Carolina, and we are ready to act quickly to preserve evidence and protect your rights.

We offer free consultations and work on a contingency fee basis, which means you pay no attorney’s fees unless we win your case.

Call us today at 855-435-7247 or contact us online to schedule your free case review. Don’t wait for the insurance company to make the first move. Speak with a lawyer who will fight for you.