Your car weighs 4,000 pounds. The truck that hit you on I-85 in Gaston County? 80,000. That’s not a fair fight. And when the dust settles on the interstate—whether it’s near Gastonia, Belmont, or Mount Holly—you’re left picking up pieces the trucking company wants you to forget ever existed.
We’re Attorney911, and we’ve spent over 25 years fighting for families devastated by 18-wheeler accidents across North Carolina and nationwide. Our managing partner Ralph Manginello has been standing up to commercial trucking companies since 1998, and our team includes associate attorney Lupe Peña—a former insurance defense lawyer who spent years inside the system learning exactly how trucking insurers minimize claims before he decided to fight against them.
If you’re reading this from a hospital room in Gaston County, or if you’re burying a loved one who never made it home from work on Highway 74, you need to know one thing: the trucking company already has lawyers working. Their rapid-response team was likely on the scene before the ambulance ever left. Meanwhile, evidence that proves they broke federal law is disappearing—black box data overwrites in 30 days, ELD logs get purged, and witnesses’ memories fade.
Call us now at 1-888-ATTY-911 before that evidence is gone forever. We answer 24/7, and you’ll never pay a dime unless we win your case.
Why Gaston County 18-Wheeler Accidents Demand a Different Kind of Lawyer
Gaston County sits at the crossroads of major freight corridors. Interstate 85 cuts through the heart of the county carrying thousands of trucks daily between Charlotte and Spartanburg. Highway 74 runs east-west connecting to I-485, creating a distribution hub where Walmart, Amazon, and regional carriers move freight constantly. When these 80,000-pound vehicles fail—when brakes overheat descending into the county, when drivers fall asleep crossing into South Carolina, when cargo spills across the interstate—the results are catastrophic.
But here’s what makes Gaston County trucking cases uniquely dangerous: North Carolina is one of only four states left in America that follows pure contributory negligence. If the trucking company can prove you were even 1% at fault for the accident, you recover nothing. Not a penny for your medical bills. Not a penny for your lost wages. Nothing.
That’s why you can’t afford a lawyer who treats your 18-wheeler case like a rear-end fender-bender. You need a team that understands the Federal Motor Carrier Safety Regulations (FMCSA) inside and out—because proving the trucking company violated federal safety laws is often the only way to defeat contributory negligence claims and secure your family’s future.
Our Track Record: From Gaston County to the Courtroom
Ralph Manginello didn’t become one of the most respected trucking accident attorneys in the country overnight. Since 1998, he’s built a reputation for taking on the largest commercial carriers and winning. Our firm has recovered over $50 million for clients, including:
- $5+ million for a traumatic brain injury victim struck by a falling log (workplace/logging case)
- $3.8+ million for a car accident victim who suffered a partial leg amputation after staph infection complications
- $2.5+ million in a commercial trucking crash settlement
- Multi-million dollar verdicts against Fortune 500 defendants like Walmart, Amazon, FedEx, and Coca-Cola
We’re currently litigating a $10 million lawsuit against the University of Houston for hazing-related brain injuries—a case that demonstrates our willingness to take on institutional defendants with deep pockets and armies of lawyers.
But numbers only tell part of the story. Listen to what our clients actually say:
“You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
— Chad Harris
“One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.”
— Donald Wilcox
“They fought for me to get every dime I deserved.”
— Glenda Walker
“Mr. Manginello and his firm are first class. Will fight tooth and nail for you.”
— Ernest Cano
With 251+ Google reviews and a 4.9-star average, we’ve built our reputation one family at a time. And yes—we have the inside knowledge that wins cases. Lupe Peña, our associate attorney, spent years defending insurance companies before joining Attorney911. He knows every trick they use to deny claims, every delay tactic, every lowball formula. Now he uses that knowledge to maximize your recovery.
The Catastrophic Reality of 18-Wheeler Accidents in Gaston County
When an 18-wheeler collides with a passenger vehicle on I-85 near exit 26 or along US-321 through Dallas, the physics are brutal. A fully loaded truck weighs 20-25 times more than your car. At 65 miles per hour, it needs nearly two football fields to stop—40% more distance than a passenger car. When that mass slams into a sedan, SUV, or pickup truck, catastrophic injuries aren’t just possible—they’re likely.
We’ve represented Gaston County families dealing with:
- Traumatic Brain Injuries (TBI) ranging from $1.5 million to $9.8 million in settlements
- Spinal Cord Injuries resulting in paraplegia or quadriplegia ($4.7M-$25.8M range)
- Amputations ($1.9M-$8.6M range)
- Wrongful Death cases ($1.9M-$9.5M range)
These aren’t just numbers. They’re futures destroyed, careers ended, and families torn apart. And unlike regular car accidents, trucking cases involve federal regulations that create multiple avenues for liability—but only if your attorney knows where to look.
Types of 18-Wheeler Accidents We Handle in Gaston County
Every trucking accident is unique, but certain types of crashes dominate the I-85 and I-485 corridors serving Gaston County. Here are the accidents we see—and how we prove negligence in each:
Jackknife Accidents
A jackknife occurs when the trailer swings perpendicular to the cab, folding like a pocket knife. On I-85’s curved interchanges near Mountain Island or the congested merge points near the Catawba River, these accidents often block multiple lanes and cause multi-vehicle pileups.
Why they happen: Sudden braking on wet pavement (common during Gaston County’s sudden summer thunderstorms), empty trailers that lack weight for traction, or brake failures from deferred maintenance.
The FMCSA violation: 49 CFR § 393.48 requires functioning brake systems. When trucking companies violate 49 CFR § 396.3 by failing to systematically inspect and maintain brakes, they cause jackknifes. We pull the maintenance records and ECM data to prove it.
Rollover Accidents
With Gaston County’s mix of flat highway sections and rolling Piedmont terrain near Stanley and Alexis, rollovers occur when drivers take curves too fast or cargo shifts unexpectedly. These accidents are particularly deadly because the trailer can crush smaller vehicles beneath it.
Why they happen: Improperly secured cargo violating 49 CFR § 393.100-136, unbalanced loading, or driver fatigue causing delayed reaction times.
The FMCSA violation: Cargo securement rules require tiedowns to withstand specific force thresholds. When loaders ignore these rules—common with expedited freight heading to Charlotte Douglas Airport cargo terminals—the trucking company is liable for negligent loading.
Underride Collisions
Perhaps the most horrific 18-wheeler accidents occur when a passenger vehicle slides under the trailer from the rear or side. The truck’s underside shears off the car’s roof, often causing decapitation or catastrophic head trauma. Side underride guards are not federally mandated (though advocacy continues), but rear underride guards are required under 49 CFR § 393.86 for trailers manufactured after 1998.
Why they happen: Inadequate or missing underride guards, sudden stops without adequate warning, or low visibility during Gaston County’s notorious fog events along the Catawba River valley.
The liability: Both the trucking company and the trailer manufacturer may be liable if guards were defective or missing.
Rear-End Collisions
Tailgating kills. On I-85’s congested stretches near Gastonia and Belmont, truck drivers following too closely create deadly scenarios when traffic suddenly stops. The average 18-wheeler needs 525 feet to stop from 65 mph—enough distance to cover two football fields.
Why they happen: Distracted driving (texting while driving violates 49 CFR § 392.82), driver fatigue (violating Hours of Service rules under 49 CFR Part 395), or simple arrogance.
The FMCSA violation: 49 CFR § 392.11 prohibits following “more closely than is reasonable and prudent.” We prove this with ECM data showing speed and following distance in the seconds before impact.
Wide Turn Accidents (“Squeeze Play”)
In downtown Gastonia or near the trucking hubs along Highway 74, big rigs making right turns often swing left first, creating a gap that tempts drivers to squeeze past. When the truck completes its turn, it crushes the car against the curb or building.
Why they happen: Failure to signal, inadequate mirror checks, or driver inexperience with trailer tracking.
The liability: The driver and trucking company are responsible for ensuring turns are made safely, with proper signals and checks.
Blind Spot Accidents (“No-Zone”)
18-wheelers have massive blind spots—20 feet in front, 30 feet behind, and entire lanes to the sides. On multi-lane highways like I-485’s outer loop near the Gaston County line, trucks that change lanes without checking these No-Zones sideswipe passenger vehicles.
Why they happen: Failure to check mirrors required by 49 CFR § 393.80, improper mirror adjustment, or distraction.
The proof: Dashcam footage (which we demand be preserved immediately) often shows the driver never checked mirrors before moving.
Tire Blowout Accidents
Gaston County’s summer heat—often exceeding 95°F with high humidity—causes tire blowouts when combined with underinflation or overloading. When a steer tire (front tire) blows, the driver loses immediate control.
Why they happen: Underinflation, worn tires exceeding 49 CFR § 393.75’s minimum tread depth requirements (4/32″ for steer tires), or overloaded vehicles.
The evidence: We subpoena tire maintenance records and inspection reports to prove the company knew the tires were unsafe.
Brake Failure Accidents
Brake problems contribute to approximately 29% of large truck crashes. On the steep grades approaching Gaston County from the mountains, brake fade from overheating can be catastrophic.
Why they happen: Deferred maintenance violating 49 CFR § 396.3, improper brake adjustment, or failure to conduct required pre-trip inspections under 49 CFR § 396.13.
The smoking gun: The Driver Vehicle Inspection Report (DVIR) required after each day’s driving under § 396.11 often shows the driver knew brakes were defective but drove anyway.
Cargo Spill and Shift Accidents
Gaston County’s position as a distribution hub means thousands of trucks carrying everything from Amazon packages to industrial equipment traverse our highways daily. When cargo shifts during transport or spills onto I-85, the results are chaos.
Why they happen: Violations of 49 CFR § 393.100-136 regarding cargo securement—insufficient tiedowns, improper blocking and bracing, or failure to account for forward force (0.8 g deceleration) during sudden stops.
Every Liable Party We Pursue in Your Gaston County Case
Most law firms only sue the driver and trucking company. That’s leaving money on the table—your money. We investigate and pursue all potentially liable parties under North Carolina law, including:
1. The Truck Driver
Direct negligence for speeding, distraction, fatigue, or impairment. We subpoena cell phone records, ELD data, and DUI test results.
2. The Trucking Company/Motor Carrier
Under respondeat superior (vicarious liability), employers answer for their employees’ negligence. Plus, we pursue direct negligence for:
- Negligent hiring: Failing to check the driver’s CDL status, medical certification, or crash history under 49 CFR Part 391
- Negligent training: Inadequate safety instruction
- Negligent supervision: Ignoring Hours of Service violations or safety complaints
- Negligent maintenance: Violating 49 CFR Part 396
3. The Cargo Owner/Shipper
Companies loading hazardous materials or overweight cargo onto trucks entering Gaston County distribution centers may be liable for providing unsafe loading instructions or pressuring drivers to exceed weight limits.
4. The Loading Company
Third-party warehouses (common near Charlotte Douglas Airport’s logistics parks) that physically load cargo are responsible for proper securement under 49 CFR § 393.100. Unbalanced loads cause rollovers.
5. The Truck Manufacturer
Design defects in braking systems, stability control, or fuel tank placement can cause or worsen accidents. We review recall notices and technical service bulletins.
6. The Parts Manufacturer
Defective tires, brakes, or steering components that fail on Gaston County highways create product liability claims.
7. The Maintenance Company
Third-party mechanics who negligently inspect or repair trucks—failing to identify critical safety issues—are liable for their incompetence.
8. The Freight Broker
Brokers arranging shipping through Gaston County corridors have a duty to select carriers with adequate safety records. Selecting a carrier with poor CSA scores (Compliance, Safety, Accountability) constitutes negligent selection.
9. The Truck Owner (If Different from Carrier)
In owner-operator arrangements, the entity owning the truck may have separate maintenance responsibilities.
10. Government Entities
If inadequate signage, poor road design, or failure to maintain I-85’s surface contributed to the accident, we pursue claims against responsible agencies (though North Carolina’s contributory negligence rules apply here as well).
The 48-Hour Evidence Crisis: Why Waiting Destroys Your Case
Here’s the truth that keeps us up at night: Evidence in your Gaston County trucking accident case is disappearing right now.
Trucking companies have rapid-response teams that dispatch investigators to accident scenes before the tow trucks arrive. While you’re in surgery at CaroMont Regional Medical Center or arranging your husband’s funeral, they’re building their defense.
Critical timelines:
- ECM/Black Box Data: Overwrites in 30 days or sooner with new driving events
- ELD (Electronic Logging Device) Records: FMCSA only requires 6-month retention
- Dashcam Footage: Often deleted within 7-14 days
- Driver Qualification Files: Must be preserved, but companies “lose” them
- Witness Statements: Memories fade within weeks
Our response: Within 24 hours of being retained, we send spoliation letters to the trucking company, their insurer, freight brokers, and any third parties demanding preservation of:
- ECM and ELD data downloads
- Driver logs for 6 months prior
- Complete Driver Qualification Files
- Maintenance and inspection records
- Dispatch records showing schedule pressure
- Cell phone records
- GPS tracking data
- Dashcam footage
Under North Carolina law, once a party is on notice of potential litigation, destroying evidence constitutes spoliation. Courts can impose sanctions, instruct juries to assume destroyed evidence was unfavorable to the trucking company, or even enter default judgment.
Don’t wait. The trucking company isn’t waiting. Call 1-888-ATTY-911 now.
FMCSA Regulations: The Rules They Broke That Caused Your Accident
Every commercial truck operating on Gaston County roads must comply with Federal Motor Carrier Safety Administration (FMCSA) regulations under Title 49 of the Code of Federal Regulations. When trucking companies violate these rules, they create liability that defeats contributory negligence defenses.
49 CFR Part 390: General Applicability
Establishes that these regulations apply to all commercial motor vehicles (CMVs) with a Gross Vehicle Weight Rating (GVWR) over 10,001 pounds—covering virtually all 18-wheelers on I-85.
49 CFR Part 391: Driver Qualification
Drivers must:
- Be at least 21 years old for interstate commerce
- Possess a valid Commercial Driver’s License (CDL)
- Pass medical examinations certifying physical fitness (§ 391.41)
- Speak and read English sufficiently
The violation we find most: Trucking companies fail to maintain complete Driver Qualification Files (§ 391.51) or hire drivers with suspended CDLs or disqualifying medical conditions. This is negligent hiring, and it makes the company directly liable.
49 CFR Part 392: Driving Rules
- § 392.3: Prohibits driving while fatigued or ill
- § 392.4/5: Prohibits drug or alcohol use (BAC limit 0.04% for CMV drivers—half the passenger car limit)
- § 392.11: Requires safe following distances (the “reasonable and prudent” standard)
- § 392.82: Prohibits hand-held mobile phone use while driving
49 CFR Part 393: Vehicle Safety and Cargo Securement
- § 393.40-55: Brake system requirements
- § 393.75: Tire requirements (minimum tread depths)
- § 393.86: Rear underride guard requirements
- § 393.100-136: Detailed cargo securement rules requiring tiedowns to withstand specific force thresholds
49 CFR Part 395: Hours of Service (HOS) – The Fatigue Rules
Property-carrying drivers may drive:
- Maximum 11 hours after 10 consecutive hours off-duty
- Cannot drive beyond 14 hours after coming on-duty
- Must take a 30-minute break after 8 cumulative hours of driving
- 60/70 hour limits: Cannot drive after 60 hours in 7 days or 70 hours in 8 days
The ELD Mandate: Since December 18, 2017, most trucks must use Electronic Logging Devices that automatically record driving time and cannot be falsified like paper logs. This data is objective evidence of fatigue violations.
49 CFR Part 396: Inspection and Maintenance
- § 396.3: Requires systematic inspection, repair, and maintenance
- § 396.11: Requires drivers to complete post-trip inspection reports (DVIRs) noting any defects
- § 396.13: Requires pre-trip inspections certifying the vehicle is safe to operate
When a Gaston County trucking accident involves brake failure, tire blowouts, or lighting violations, these regulations prove negligence per se—negligence as a matter of law.
Catastrophic Injuries and Your Future
The injuries from 18-wheeler accidents on Gaston County highways aren’t the kind that heal in six weeks. We’re talking about:
Traumatic Brain Injury (TBI)
Concussions, cognitive impairment, personality changes. Lifetime care costs range from $85,000 to over $3 million. Our settlement range: $1.5M–$9.8M.
Spinal Cord Injury
Paralysis (paraplegia or quadriplegia) requiring wheelchairs, home modifications, and 24/7 care. Lifetime costs: $1.1M to $5M+. Our settlement range: $4.7M–$25.8M.
Amputation
Traumatic limb loss or surgical amputation due to crush injuries. Requires prosthetics ($5,000–$50,000 each) and multiple replacements over a lifetime. Our settlement range: $1.9M–$8.6M.
Severe Burns
From fuel tank ruptures or hazmat spills on I-85. Third and fourth-degree burns require skin grafts and reconstructive surgery.
Wrongful Death
When trucking accidents kill, North Carolina allows recovery for:
- Lost future income and benefits
- Loss of consortium (companionship, guidance)
- Mental anguish of surviving family
- Medical expenses before death
- Funeral costs
Our settlement range: $1.9M–$9.5M+.
Important: North Carolina caps non-economic damages in medical malpractice cases, but generally does not cap compensatory damages in trucking accidents. However, contributory negligence applies here too—if the defense proves the victim was even slightly at fault, the family recovers nothing. This makes aggressive, experienced representation essential.
North Carolina Law: What You Must Know
Contributory Negligence: The Trap
North Carolina is one of only four jurisdictions (along with Alabama, Maryland, Virginia, and Washington D.C.) that follows pure contributory negligence. If you are found 1% at fault for the accident—even if the truck driver was 99% at fault—you recover nothing.
This harsh rule makes it critical to hire a lawyer who can prove sole negligence by the trucking company. FMCSA violations help here—if the driver was over hours, drunk, or driving an unmaintained vehicle, we argue there was nothing you could do to avoid the crash.
Statute of Limitations: The Clock is Ticking
- Personal Injury: You have 3 years from the accident date (N.C. Gen. Stat. § 1-52)
- Wrongful Death: You have 2 years from the date of death (N.C. Gen. Stat. § 1-53)
- Property Damage: Also 3 years
Critical: These deadlines are absolute. Miss them, and you lose your rights forever, no matter how severe your injuries or how clear the trucking company’s fault.
Punitive Damages
North Carolina allows punitive damages (to punish gross negligence) capped at the greater of:
- Three times compensatory damages, or
- $250,000 (N.C. Gen. Stat. § 1D-25)
Punitive damages apply when trucking companies knowingly put dangerous drivers on the road, falsify logs, or destroy evidence.
Frequently Asked Questions About Gaston County Trucking Accidents
Q: What should I do immediately after an 18-wheeler accident in Gaston County?
A: Call 911, seek medical attention immediately (even if you feel okay—adrenaline masks serious injuries), photograph everything including the truck’s DOT number, get witness contact information, and call Attorney911 at 1-888-ATTY-911 before talking to any insurance company.
Q: Should I talk to the trucking company’s insurance adjuster?
A: Absolutely not. They record calls and use your words against you. Our associate Lupe Peña used to train these adjusters—he knows their scripts. Let us handle all communication.
Q: How long do I have to file a lawsuit?
A: Three years for personal injury, two years for wrongful death. But waiting even a week can destroy evidence. Call immediately.
Q: Can I still recover if I was partially at fault?
A: In North Carolina, probably not—unless we can prove you had no fault whatsoever. That’s why proving FMCSA violations and trucking company negligence is crucial. The more we prove the truck driver broke federal law, the harder it is for them to blame you.
Q: What if the driver was an independent contractor?
A: We still sue the trucking company under theories of vicarious liability or negligent hiring/supervision. We also investigate whether the driver was truly independent or misclassified under labor laws.
Q: How much is my case worth?
A: It depends on injury severity, medical costs, lost wages, and available insurance. Trucking companies carry $750,000 to $5 million in coverage. We’ve recovered millions for Gaston County families, but every case is unique.
Q: Will my case go to trial?
A: Most settle, but we prepare every case for trial. Ralph Manginello has 25+ years of courtroom experience, and insurance companies offer better settlements when they know your lawyer will go to court.
Q: How do I pay for medical treatment?
A: We can help arrange treatment under a Letter of Protection (LOP) with attorney-approved doctors who get paid when your case settles. Don’t let lack of insurance stop you from getting care.
Q: What about lost wages?
A: We recover past wages and future earning capacity if you cannot return to your previous job or career.
Q: Can I get punitive damages?
A: Yes, if the trucking company acted with gross negligence—like knowingly keeping a dangerous driver on the road or falsifying Hours of Service logs.
Q: What if the trucking company destroyed evidence?
A: We file spoliation claims immediately. If they destroyed evidence after our notice, courts can sanction them or instruct juries to assume the evidence was unfavorable to the company.
Q: Do you handle cases in Spanish?
A: Sí. Hablamos Español. Associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters.
Q: What if I was hit by an Amazon, FedEx, or Walmart truck?
A: We have specific experience litigating against these Fortune 500 giants. They carry massive insurance policies, but they fight hard. You need a fighter like Ralph Manginello, who’s taken on BP in the Texas City Refinery explosion ($2.1B total disaster settlements).
Q: How quickly will you send a preservation letter?
A: Within 24 hours of being retained. We don’t wait.
Q: What is your fee?
A: Contingency fee—33.33% if settled pre-trial, 40% if we go to trial. You pay nothing upfront. We advance all costs. If we don’t win, you owe us nothing.
Q: Why choose a Texas firm for a Gaston County accident?
A: Because trucking law is federal. The FMCSA regulations apply nationwide. Ralph Manginello is admitted to federal court and has 25 years of experience specifically in trucking litigation—including against carriers operating on North Carolina highways. Plus, we have the resources to take on national carriers that local firms cannot handle.
Q: What if my loved one died in the accident?
A: We file wrongful death claims. In North Carolina, the personal representative of the estate brings the claim, and damages go to surviving family members. You have two years—don’t delay.
Your Fight Starts Now
The trucking company that hit you on I-85 is already building their defense. Their lawyers are reviewing the driver’s logs (and probably “fixing” them). Their insurance adjuster is preparing a lowball offer that won’t cover your first surgery, let alone your future.
You have a choice. You can accept their offer and hope it’s enough to cover years of medical bills. Or you can call Attorney911 and fight for what you actually deserve.
Ralph Manginello has spent 25 years making trucking companies pay. Lupe Peña knows their playbook because he wrote it—before he decided to fight for victims instead of insurance companies. We’ve recovered over $50 million for families just like yours, and we’re not afraid of going to trial against the biggest carriers in America.
Hablamos Español. Llame hoy.
Don’t let them push you around. Don’t let them destroy evidence. Don’t let them blame you for their violations of federal safety laws.
Call 1-888-ATTY-911 now. The consultation is free. We answer 24/7. And we don’t get paid unless you do.
Your family deserves an advocate who treats you like family, not like a case number. As Chad Harris told us: “You are FAMILY to them.”
Let’s fight for your family’s future—starting today.
