18-Wheeler & Trucking Accident Attorneys Serving Johnston County, North Carolina

When 80,000 pounds of steel and cargo changes your life in an instant, you need more than just a lawyer—you need a fighter who knows how to hold trucking companies accountable. Here in Johnston County, where Interstate 95 meets rural highways and agricultural traffic mixes with commercial freight, devastating trucking accidents are an unfortunate reality. If you or a loved one has been injured in an 18-wheeler crash anywhere in Johnston County—from Smithfield to Clayton, Selma to Princeton—Attorney911 is ready to fight for the justice and compensation you deserve.

With over two decades of experience battling trucking companies and their insurers, Ralph Manginello has built a reputation for securing multi-million dollar settlements for victims of catastrophic truck accidents. Our firm doesn’t just handle cases—we treat every client like family. As Chad Harris put it after we resolved his case, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” That personal attention, combined with the insider knowledge of our associate attorney Lupe Peña—who spent years working in insurance defense before joining our team—gives Johnston County accident victims an unfair advantage against the trucking industry.

Why Johnston County 18-Wheeler Accidents Demand Specialized Legal Experience

The physics of a Johnston County trucking accident are brutal. Your sedan weighs roughly 4,000 pounds. The fully loaded 18-wheeler that just T-boned you at the intersection of I-95 and US-70? Up to 80,000 pounds. That’s not a collision—it’s a catastrophe. The force of impact in these crashes often results in traumatic brain injuries, spinal cord damage, amputations, and wrongful death.

But here’s what most people don’t know: trucking cases aren’t just bigger car accidents. They’re complex commercial litigation cases involving federal regulations, multiple liable parties, and sophisticated insurance defenses. While the insurance adjuster is already working to minimize your claim—sometimes before the ambulance even leaves the scene—you need someone working just as hard for you.

In Johnston County, the risk is elevated by our unique geography. We’re situated at the crossroads of major freight corridors, with I-95 carrying massive volumes of interstate commercial traffic straight through our communities. The convergence of high-speed interstate travel with local agricultural routes creates dangerous conditions, especially when trucking companies cut corners on safety to boost profits.

Ralph Manginello understands these dangers intimately. Since 1998, he has fought for injury victims across North Carolina and Texas, holding Fortune 500 companies like BP accountable in major industrial disasters and securing settlements that have allowed families to rebuild their lives. When a logging accident left one client with a traumatic brain injury and vision loss, we recovered over $5 million. When a car crash led to a staph infection requiring partial leg amputation, we secured $3.8 million. These aren’t just numbers—they’re resources that allow victims to get the care they need and secure their families’ futures.

The Federal Regulations That Protect Johnston County Drivers

Every 18-wheeler on Johnston County roads must comply with strict Federal Motor Carrier Safety Administration (FMCSA) regulations. These rules exist because trucks are inherently dangerous, and when trucking companies violate them, people die. We know these regulations inside and out—we use violations of these federal standards to prove negligence and maximize recoveries.

49 CFR Part 390-399: The Rules of the Road for Truckers

Under 49 CFR Part 390, the general applicability provisions establish that all commercial motor vehicles with a gross vehicle weight rating over 10,001 pounds must comply with federal safety standards. This includes virtually every 18-wheeler, delivery truck, and commercial carrier operating in Johnston County.

49 CFR Part 391: Driver Qualification Standards

Before a driver can legally operate a commercial vehicle in Johnston County, they must meet stringent qualification requirements under 49 CFR Part 391. This includes:

• Being at least 21 years old for interstate commerce
• Passing a physical examination every 24 months (49 CFR § 391.45)
• Holding a valid Commercial Driver’s License (CDL)
• Being able to read and speak English sufficiently to understand traffic signs and communicate with the public
• Having no disqualifying medical conditions or substance abuse history

The trucking company must maintain a complete Driver Qualification File (DQF) for every driver, including employment history, driving records, and drug test results. When we investigate Johnston County accidents, we immediately subpoena these files. If the company hired an unqualified driver—someone with a history of DUIs, a suspended license, or medical issues that make them unsafe—they’re liable for negligent hiring under 49 CFR § 391.15.

49 CFR Part 392: Driving of Commercial Motor Vehicles

This section contains the actual rules of the road. Under 49 CFR § 392.3, no driver shall operate a commercial vehicle while their ability or alertness is impaired through fatigue, illness, or any other cause. This regulation is critical in Johnston County, where long-haul drivers on I-95 often push beyond safe limits.

49 CFR § 392.5 prohibits alcohol use within four hours of driving, while 49 CFR § 392.82 bans hand-held mobile phone use by commercial drivers. Distracted truckers texting while navigating Johnston County’s mix of interstate and rural roads pose a deadly threat—and we use these violations to hold them accountable.

49 CFR Part 393: Parts and Accessories Necessary for Safe Operation

When an 18-wheeler’s brakes fail on a wet Johnston County highway or a tire blowout causes a rollover on I-40, we look to 49 CFR Part 393. This section mandates proper brake systems (§ 393.40), lighting (§ 393.11), and cargo securement (§ 393.100-136).

The cargo securement rules are particularly important given Johnston County’s agricultural industry. When farm equipment, produce, or livestock aren’t properly secured according to federal standards (able to withstand 0.8g deceleration forward and 0.5g laterally), the trucking company and cargo loader may both be liable for resulting accidents.

49 CFR Part 395: Hours of Service (HOS) Regulations

Perhaps the most commonly violated—and most deadly—regulations are the Hours of Service rules under 49 CFR Part 395. These federal mandates limit how long truckers can drive without rest:

• 11-Hour Driving Limit: No driving beyond 11 hours after 10 consecutive hours off duty
• 14-Hour Duty Window: Cannot drive after being on duty for 14 consecutive hours
• 30-Minute Break: Required after 8 cumulative hours of driving
• 60/70-Hour Weekly Limits: No driving after 60 hours in 7 days or 70 hours in 8 days

Since the ELD Mandate took effect in December 2017, most trucks must use Electronic Logging Devices (ELDs) that automatically record these hours. This data is crucial evidence—it proves when a driver was fatigued, whether they took required breaks, and if the trucking company pressured them to violate federal limits. We obtain this data immediately because it can be overwritten within 30 days.

49 CFR Part 396: Inspection, Repair, and Maintenance

Under 49 CFR § 396.3, every motor carrier must systematically inspect, repair, and maintain their vehicles. Drivers must conduct pre-trip inspections (§ 396.13), and companies must keep maintenance records for at least one year.

When we investigate Johnston County trucking accidents, we demand these maintenance records. If the trucking company skipped brake inspections, ignored transmission issues, or deferred repairs to save money, they violated federal law—and that negligence proves your case.

How 18-Wheeler Accidents Happen in Johnston County

Johnston County’s mix of interstate highways, agricultural routes, and growing distribution centers creates unique accident risks. Understanding these accident types helps us build stronger cases for local victims.

Jackknife Accidents on I-95

When a truck driver brakes suddenly or loses traction on wet pavement, the trailer can swing out perpendicular to the cab, creating a deadly barrier across multiple lanes. These jackknife accidents are common on I-95, especially near the I-40 interchange where traffic patterns shift suddenly. Under 49 CFR § 393.48, brake failures that lead to jackknifes often indicate maintenance violations.

Underride Collisions: The Deadliest Accidents

Underride crashes occur when a smaller vehicle slides underneath the trailer of an 18-wheeler, often shearing off the roof and killing occupants instantly. While 49 CFR § 393.86 mandates rear impact guards on trailers manufactured after 1998, many older trailers lack adequate protection, and side underride guards remain unregulated despite killing hundreds annually. These accidents frequently occur on Johnston County’s rural highways at dusk or dawn when visibility is poor.

Rear-End Collisions Due to Following Too Close

An 18-wheeler traveling at 65 mph needs approximately 525 feet to stop—nearly two football fields. When truckers follow too closely on I-95 through Smithfield or Clayton, they violate 49 CFR § 392.11, which requires reasonable and prudent following distances. The result is often a catastrophic rear-end collision where the truck overrides the passenger vehicle.

Blind Spot (“No-Zone”) Accidents

Commercial trucks have massive blind spots—20 feet in front, 30 feet behind, and wide areas on both sides. When truckers change lanes without checking these “No-Zones,” they sideswipe vehicles or force them off the road. Under 49 CFR § 393.80, trucks must have proper mirrors, but many collisions occur because drivers simply don’t look.

Wide Turn Accidents in Downtown Areas

In Johnston County’s historic downtown areas like Smithfield and Selma, narrow streets and tight intersections create hazards when 18-wheelers make wide right turns. These “squeeze play” accidents occur when the truck swings left before turning right, trapping passenger cars between the trailer and the curb.

Tire Blowouts and Brake Failures

Johnston County’s hot summers and sudden thunderstorms create conditions for tire blowouts. When a truck hasn’t maintained proper tire inflation or tread depth as required by 49 CFR § 393.75, blowouts cause loss of control. Similarly, brake failures on long descents or in heavy traffic indicate violations of 49 CFR § 396.25 regarding brake system maintenance.

Cargo Spills on Rural Roads

Given Johnston County’s agricultural heritage, trucks carrying produce, equipment, or livestock traverse our rural roads daily. When cargo isn’t secured per 49 CFR § 393.100-136, shifts in weight cause rollovers, or falling debris strikes following vehicles. These cases often involve third-party loading companies in addition to the trucking company.

Fatigue-Related Accidents

Despite federal HOS regulations, truckers often drive drowsy to meet tight delivery deadlines. Microsleeps at the wheel, failure to notice slowing traffic, or drifting across center lines on US-301 often indicate violations of 49 CFR § 392.3 regarding impaired alertness.

Who Can Be Held Liable in Your Johnston County Trucking Accident

Unlike car accidents where fault usually lies with one driver, trucking accidents frequently involve multiple liable parties. We investigate every potential defendant because more liable parties mean more insurance coverage—and higher compensation for your injuries.

The Truck Driver

The driver who caused the crash may be personally liable for negligence, including speeding, distracted driving, impairment, or fatigue. We obtain their driving history, cell phone records, and drug test results to prove direct liability.

The Trucking Company (Motor Carrier)

Under the doctrine of respondeat superior, employers are liable for their employees’ negligent acts. Additionally, trucking companies are directly liable for:

• Negligent Hiring: Failing to verify the driver had a valid CDL or clean driving record
• Negligent Training: Inadequate instruction on safety protocols or Johnston County route hazards
• Negligent Supervision: Ignoring ELD violations or known safety issues
• Negligent Maintenance: Failing to keep trucks in safe condition per 49 CFR § 396.3

Trucking companies carry significant insurance—typically $750,000 to $5 million in coverage—making them primary targets for recovery.

Cargo Owners and Loaders

When improperly secured cargo causes an accident, the shipper or loading company may be liable. In Johnston County’s agricultural sector, farms and distributors have a duty to ensure loads are properly secured and distributed. Violations of 49 CFR § 393.100 regarding cargo securement expose these parties to liability.

Truck and Parts Manufacturers

If defective brakes, tires, or steering components caused the crash, the manufacturer may be liable under product liability theories. We preserve failed components for expert analysis and check for recalls or similar defect patterns.

Maintenance Companies

Third-party mechanics who serviced the truck may be liable if negligent repairs caused the accident. Poor brake adjustments or missed safety issues violate the duty of care owed to Johnston County motorists.

Freight Brokers

Brokers who arrange transportation may be liable if they negligently selected a carrier with a poor safety record or failed to verify insurance and authority.

Government Entities

If dangerous road design, inadequate signage, or poor maintenance contributed to the accident, Johnston County or the State of North Carolina may bear partial liability. However, strict notice requirements and sovereign immunity rules apply to these claims.

The Critical 48-Hour Evidence Window

Evidence in Johnston County 18-wheeler accidents disappears fast—sometimes within hours. Trucking companies deploy rapid-response teams to the scene immediately to protect their interests. You need an attorney who moves just as fast.

Electronic Control Module (ECM) Data

The truck’s “black box” records speed, brake application, throttle position, and steering in the seconds before impact. This objective data often contradicts the driver’s version of events. Critical: ECM data can be overwritten within 30 days or with subsequent driving events. We send spoliation letters immediately to preserve this evidence.

Electronic Logging Device (ELD) Records

Since 2017, federal law requires ELDs that automatically record hours of service, GPS location, and driving time. These devices prove whether the driver violated HOS regulations (49 CFR Part 395) and were fatigued. FMCSA only requires retention for 6 months, so immediate action is essential.

Driver Qualification Files

Under 49 CFR § 391.51, trucking companies must maintain files containing employment applications, driving records, medical certifications, and drug test results. These files reveal whether the company hired an unqualified driver—a key element in proving negligent hiring.

Maintenance Records

49 CFR § 396.3 requires systematic inspection records. We demand these documents to prove deferred maintenance or ignored mechanical issues that caused the crash.

Spoliation Letters: Your Legal Protection

We send formal spoliation letters within 24 hours of retention, putting the trucking company on notice that destroying evidence will result in severe legal sanctions, including adverse inference instructions to the jury. Once notified, they are legally obligated to preserve all evidence or face penalties.

Catastrophic Injuries: Understanding the Life Impact

Johnston County 18-wheeler accidents cause severe, life-altering injuries. We understand the medical realities and long-term costs because we’ve helped families navigate these devastating challenges.

Traumatic Brain Injuries (TBI)

TBIs range from mild concussions to severe, permanent cognitive impairment. Symptoms include memory loss, personality changes, chronic headaches, and cognitive deficits. Moderate to severe TBIs often require lifetime care, with settlements ranging from $1.5 million to $9.8 million depending on the long-term prognosis and impact on earning capacity.

Spinal Cord Injuries and Paralysis

Damage to the spinal cord can result in paraplegia or quadriplegia, requiring wheelchairs, home modifications, and 24-hour attendant care. Lifetime costs for quadriplegia can exceed $5 million. These cases demand maximum compensation to ensure victims receive proper care for life.

Amputations

When crushing forces or severe infections necessitate limb removal, victims face prosthetics costs ($5,000-$50,000 per device), multiple replacement surgeries over a lifetime, and permanent disability. Settlements typically range from $1.9 million to $8.6 million depending on the limb affected and victim’s age.

Severe Burns

Fuel fires and chemical spills cause disfiguring burns requiring skin grafts, reconstructive surgery, and psychological counseling. These injuries carry both tremendous physical pain and emotional trauma.

Wrongful Death

When negligence takes a loved one, surviving family members in Johnston County may recover for lost income, loss of companionship, mental anguish, and funeral expenses. North Carolina allows wrongful death claims with a 2-year statute of limitations, and recent verdicts nationwide have reached into the hundreds of millions for egregious negligence.

North Carolina Law and Your Johnston County Case

Understanding state-specific legal rules is crucial for maximizing your recovery.

Contributory Negligence: The 1% Rule

North Carolina is one of only five jurisdictions following strict contributory negligence. If you are found even 1% at fault for the accident, you recover nothing. This harsh rule makes aggressive investigation and evidence preservation critical. We work to prove the truck driver was 100% at fault, using ECM data, ELD records, and expert reconstruction to eliminate any chance of blame shifting to you.

Statute of Limitations

For personal injury claims in Johnston County, North Carolina provides a 3-year statute of limitations from the date of the accident. For wrongful death claims, the limit is 2 years from the date of death. However, waiting is dangerous—evidence disappears and witnesses forget. Contact us immediately to protect your rights.

Punitive Damages

Unlike some states, North Carolina does not cap punitive damages in trucking cases (except for the Constitutionally mandated due process limits). When trucking companies act with malice, willful misconduct, or reckless disregard for safety—such as knowingly hiring a driver with multiple DUIs or falsifying maintenance records—we pursue punitive damages to punish the wrongdoer and deter future misconduct.

Insurance Requirements

Federal law mandates minimum insurance coverage for commercial trucks:

• $750,000 for non-hazardous freight
• $1,000,000 for certain cargo types
• $5,000,000 for hazardous materials

Many carriers carry $1-5 million or more in coverage, providing substantial resources for catastrophic injury compensation.

The Attorney911 Advantage: Why Johnston County Families Choose Us

25+ Years of Federal Court Experience

Ralph Manginello has been fighting for injury victims since 1998. His admission to the U.S. District Court for the Southern District of Texas—combined with North Carolina practice—provides the federal court experience necessary for interstate trucking cases. When we tried cases against BP in the Texas City Refinery litigation, we learned how to take on Fortune 500 companies and win.

Former Insurance Defense Attorney on Your Side

Lupe Peña, our associate attorney, spent years working for national insurance defense firms. He knows exactly how insurance companies evaluate claims, train adjusters to minimize payouts, and use software to calculate lowball offers. Now he uses that insider knowledge against them. As he told ABC13 Houston in coverage of our $10 million University of hazing lawsuit, “If this prevents harm to another person, that’s what we’re hoping to do.” That same dedication applies to your trucking accident case.

Multi-Million Dollar Track Record

Our results speak for themselves:

• $5+ Million: Traumatic brain injury from logging accident
• $3.8+ Million: Amputation following car crash and medical complications
• $2.5+ Million: Commercial truck accident
• $2+ Million: Maritime back injury under Jones Act
• $10 Million Lawsuit: Currently litigating against University of Houston for hazing injuries

Personal Attention, Family Treatment

We limit our caseload to ensure every client receives personal attention. You’re not a case number to us—you’re family. The moment you hire Attorney911, you get direct cell phone access to your attorney. Our client Glenda Walker said it best: “They fought for me to get every dime I deserved.” And Chad Harris noted, “You are FAMILY to them.”

Three Offices, Local Knowledge

With offices in Houston, Austin, and Beaumont, we serve accident victims across the Southeast. For Johnston County clients, we offer remote consultations and travel to North Carolina for your case. We understand North Carolina’s contributory negligence rules, Johnston County court procedures, and the local trucking corridors that make these accidents happen.

Spanish Language Services

Through Lupe Peña and our bilingual staff, we offer fluent Spanish representation. Hablamos Español. No interpreters needed—just direct, clear communication with your attorney. Llame al 1-888-ATTY-911.

No Fee Unless We Win

We work on a contingency fee basis—you pay nothing upfront, and we advance all investigation costs. Our standard fee is 33.33% pre-trial and 40% if the case goes to trial. If we don’t win, you owe us nothing. Zero financial risk to you.

Frequently Asked Questions: Johnston County 18-Wheeler Accidents

How long do I have to file a trucking accident lawsuit in Johnston County?

North Carolina gives you 3 years from the accident date for personal injury claims, or 2 years for wrongful death. But waiting is dangerous. ECM data can be overwritten in 30 days. Witness memories fade. And trucking companies are building their defense right now. Call us immediately at 1-888-ATTY-911.

What if the trucking company says the accident was my fault?

North Carolina follows contributory negligence—if you’re found even 1% at fault, you recover nothing. That’s why we conduct immediate, thorough investigations to prove the truck driver was 100% responsible. We use ECM data, ELD logs, and expert reconstruction to establish clear liability before the trucking company can shift blame.

Who can be sued in an 18-wheeler accident?

Multiple parties may be liable: the driver, trucking company, cargo owner, loading company, truck manufacturer, parts manufacturer, maintenance company, freight broker, and potentially government entities for dangerous road conditions. We investigate every potential defendant to maximize your coverage.

How much is my Johnston County trucking accident case worth?

Value depends on injury severity, medical costs, lost wages, insurance coverage, and liability clarity. Trucking companies carry $750,000 to $5 million in coverage. We’ve recovered settlements ranging from hundreds of thousands to millions for catastrophic injuries. Every case is unique—we provide free consultations to evaluate your specific situation.

What is a spoliation letter and why does it matter?

A spoliation letter is a formal legal notice demanding preservation of evidence, including ECM data, ELD logs, maintenance records, and driver files. Once sent, the trucking company cannot legally destroy this evidence. We send these letters within 24 hours of retention to protect your case.

What are hours of service violations?

Under 49 CFR Part 395, truckers may drive a maximum of 11 hours after 10 consecutive hours off duty. They must take a 30-minute break after 8 hours and cannot exceed 60/70 hours in 7/8 days. When drivers violate these rules—often due to company pressure—they cause fatigue-related accidents. ELD data proves these violations.

Should I talk to the trucking company’s insurance adjuster?

Never give a recorded statement without an attorney present. Insurance adjusters are trained to minimize your claim and may use your words against you. They might seem friendly, but they work for the trucking company, not you. As former insurance defense attorney Lupe Peña knows from inside experience, their job is to pay you as little as possible.

What if I’m partially at fault?

Under North Carolina’s contributory negligence rule, even 1% fault bars recovery. This makes it critical to hire an experienced attorney immediately who can gather evidence proving the truck driver was entirely responsible. Don’t admit fault or apologize at the scene—anything you say can be used against you.

How long will my case take?

Simple cases with clear liability may settle in 6-12 months. Complex cases with catastrophic injuries or multiple defendants may take 1-3 years. We work to resolve cases quickly while ensuring you receive full compensation for all damages, including future medical needs.

Do I really need a lawyer, or can I handle this myself?

Trucking companies have teams of lawyers, investigators, and insurers working against you from day one. The regulations are complex, the evidence is technical, and the stakes are high. Studies show accident victims with attorneys receive significantly higher settlements even after legal fees. Don’t try to fight a trucking giant alone.

Hablamos Español. ¿Necesita ayuda con un accidente de camión en Johnston County?

Lupe Peña provides fluent Spanish representation. No interpreters needed. Call 1-888-ATTY-911 for a free consultation.

Your Recovery Starts with One Call

The trucking company that hit you has already contacted their lawyers. Their insurance adjuster is already looking for ways to minimize your claim. Their rapid-response team may already be at the scene gathering evidence to protect them.

What are you doing to protect yourself?

At Attorney911, we level the playing field. With 25+ years of experience, including federal court expertise and a former insurance defense attorney on your side, we know how to make trucking companies pay. We’ve recovered over $50 million for families just like yours, and we’re ready to fight for you.

The clock is already ticking. Black box data can be overwritten in 30 days. Witnesses forget details. Evidence disappears. But if you call us today at 1-888-ATTY-911 (1-888-288-9911), we’ll send a spoliation letter immediately to preserve critical evidence, begin our investigation, and start building the strongest possible case for maximum recovery.

Don’t let the trucking company push you around. Don’t accept a lowball settlement that won’t cover your future medical needs. Don’t wait until it’s too late to take action.

Call Attorney911 now at 1-888-ATTY-911 for a free, confidential consultation. We serve Johnston County, North Carolina, and we fight for families. You pay nothing unless we win. Zero upfront costs. Zero risk. Maximum dedication.

Attorney911. Because trucking companies shouldn’t get away with it.

Serving Johnston County, North Carolina including Smithfield, Clayton, Selma, Princeton, Kenly, Benson, and surrounding communities.