Truck Accidents · Wilmington, NC
Hit by an 18-wheeler on I-40, I-140, or US-17, and the carrier's investigators are already at the scene.
A fully loaded tractor-trailer weighs up to 80,000 lb under federal limits. The motor carrier's rapid-response team is on scene within hours, and the federal Electronic Logging Device data starts a 30-day retention clock from the day of the crash. With over 41 years of exclusive personal-injury work, I send the preservation letter, pull the ELD and ECM data, and treat contributory negligence as the rule I have to defeat from day one. The consultation is free. No fee unless I win your case.
What this case depends on
Two stacks decide the case: the evidence stack and the insurance stack.
Tractor-trailer cases run on federal records that age on a 30-day clock and coverage layers that have to be mapped before the first demand goes out.
The evidence that proves what happened
Big rigs over 10,001 pounds are governed by federal trucking rules set by the Federal Motor Carrier Safety Administration (FMCSA). A few key records show the truth: the Electronic Logging Device (ELD) tracks the driver's hours behind the wheel; the Engine Control Module (ECM), the truck's black box, records speed, throttle, and braking; the Driver Vehicle Inspection Report (DVIR) shows the daily safety checks; and the Driver Qualification File shows the driver's commercial driver's license (CDL), medical card, training, and past violations. The raw ELD data can disappear after 30 days, so the preservation letter is a race against that clock.
The insurance that pays for your injuries
Federally regulated trucking companies must carry at least $750,000 in injury coverage. Most carry more, and the companies that arrange the freight often add another $1 million or higher on top. A special federal guarantee called the MCS-90 endorsement can pay even when the trucking company's own insurer tries to deny the claim. Finding every available layer (the trucking company, the freight broker, the shipper, and any owner-operator) is what makes a serious-injury case fully recoverable.
How I work tractor-trailer cases
The case can be won or lost by the preservation letter sent on day one.
A tractor-trailer case starts with a head start the trucking company already has. The truck can weigh up to twenty times what your vehicle weighs, the injuries are usually serious, and the company knows it. Its rapid-response team, an investigator and a defense lawyer, is often at the scene within hours, while you are still in the hospital. By the time you are home, the company's file is built and the truck's records are already aging. Here is how I interrupt that head start.
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Send the preservation letter on day one
This is the single most important step, and timing is everything. The letter goes to the trucking company, its insurer, the freight broker, and the shipper, demanding they hold every record. Here is why the clock matters so much: the truck's black box (the ECM) can be wiped clean on the truck's very next trip, and the electronic driving log (the ELD) can disappear after 30 days. If that letter is late, the proof of how fast the truck was going and how long the driver had been working is gone for good, and your case can collapse into the driver's word against yours. Sending it the day I am retained is what keeps that evidence alive.
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Demand the federal records in writing
I formally request the Driver Qualification File, the daily inspection reports, the post-crash drug and alcohol test, the company's federal safety history, and the dispatch records. The story those documents tell, not the driver's statement, is what proves whether the driver was tired, speeding, untrained, or pushed past the legal driving-hour limits.
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Find every company that can be held responsible
The driver is rarely the only one at fault. The trucking company, the maintenance shop, the freight broker, the shipper, and any owner-operator can each share blame, which is why these are multi-company claims. I map out who is responsible and which insurance policies, including the federal MCS-90 guarantee, are available to pay for your injuries.
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Shut down NC's 1% fault rule
North Carolina still follows contributory negligence, which means if the defense pins even 1% of the blame on you, your recovery can be wiped out entirely. The same early investigation that proves the truck's fault is what cuts off that argument before it can take hold.
The consultation is free. No fee unless I win your case. My office advances the cost of the accident reconstruction, the trucking-safety experts, and the medical experts a serious tractor-trailer case requires. The depth I bring to brain-injury cases carries straight over here, where head and spinal injuries are common. I handle the file personally, with no handoffs. If you have a serious tractor-trailer case and the preservation letter has not gone out yet, that is the call I want this week.
— Robert L Armstrong
Related under Truck Accidents
Last-mile delivery cases run on a different playbook.
Branded delivery trucks (Amazon, FedEx, UPS, USPS) sit under the 10,001-lb FMCSA threshold. Contractor structure, not federal records, is the fight there. The L1 hub ties both case types together.
Truck Accident sub-typesDelivery truck accidents
Amazon DSP, FedEx Ground ISP, UPS, USPS: independent-contractor classification and time-pressure negligence under 10,001 lb.
All truck-accident sub-types
The Wilmington truck-accident hub: preservation workflow, FMCSA discovery, and the multi-defendant theory I use across both case types.
In their words
What clients said after a serious vehicle case.
“Bob handled the case as a true professional would. He worked very hard to obtain the absolute best results possible and delivered. He says what he can and cannot make happen up front so there are no misconceptions, and then comes through on his commitments. I highly recommend his services to anyone in need of outstanding counsel, representation and, most importantly, results.”
“Mr. Armstrong took my case and got the best outcome given the resources that were available. After having to fire my first lawyer for not advocating for my best outcome, Mr. Armstrong did just that! He answered all my questions and kept me updated throughout the whole process until it was finished.”
“I had been involved in a car accident and contacted Robert for guidance about what I should do. He listened with great care and told me how I needed to proceed. His first priority was to make sure I was receiving the best medical care.”
Common questions
About 18-wheeler cases.
The questions that come up most often after a tractor-trailer crash on an North Carolina highway: federal records, coverage stacking, the right defendant set, and what a consultation actually costs.
Frequently asked questions
How fast does the ELD and black-box data really disappear?
Faster than most people think. Under FMCSA rules, raw electronic logging device data points expire on a 30-day rolling window; summary records run six months. The Engine Control Module (the truck's black box) records speed, throttle, brake input, and event snapshots, and on older fleets the buffer can be overwritten on the next trip. Once routine retention windows close, the carrier has no obligation to preserve. A preservation letter served the week of the crash freezes both. A subpoena, served promptly, gets them produced. That is the race the case turns on.
What is the MCS-90 endorsement and why does it matter?
The MCS-90 is a federal financial-responsibility endorsement that sits on most FMCSA-regulated interstate carriers' policies. It guarantees a minimum public payout, usually $750,000, when the underlying policy might otherwise deny coverage, such as for unauthorized use or undisclosed cargo. On bigger cases, the MCS-90 is the safety net that keeps a catastrophic-injury claim from collapsing into a coverage fight. It also matters for cargo brokers and shippers whose own policies may sit above the carrier's primary in the stack. Identifying it correctly is part of the early coverage analysis.
Who can be sued in an 18-wheeler case in North Carolina?
Often more than one party. The driver is the obvious defendant. The motor carrier can be on the hook under vicarious liability and under direct theories of negligent hiring, negligent training, or negligent supervision. The maintenance company can be liable for failed brakes, tires, or steering components. A freight broker can be liable for hiring a carrier with a known safety record. A shipper can be liable for loading errors or for routing cargo through an unfit carrier. Owner-operators add another layer. Sorting out the right defendant set early is what makes the insurance stack add up.
Does NC's contributory negligence rule still apply when the truck weighed 80,000 lb?
Yes. North Carolina is one of only four states that still follow contributory negligence: if the defense can place even 1% of fault on you, recovery can be barred entirely. The weight asymmetry between a passenger vehicle and a fully loaded tractor-trailer does not change the legal rule. The defense will still build a speed, lane-change, or attention argument if it can. That is the reason the investigation has to be tight from day one, and the reason the preservation letter goes out the day I am retained.
What does it cost to talk to you about an 18-wheeler case?
Nothing. The consultation is free, and there is no fee unless I win your case. My office advances the costs of accident reconstruction, FMCSA-compliance experts, medical experts, depositions, and filings. Those costs are reimbursed from the recovery if there is one. If I do not believe a tractor-trailer case can be defended under NC law, I will tell you that on the first call rather than after a retainer is signed.
When you're ready to talk through what happened on the highway, the call is free.
Tell me what happened, what the carrier's name was, and where the truck was headed. I will tell you honestly whether the case can be defended under NC law, and what the preservation steps should look like this week. No fee unless I win your case.
Contingency-fee representation. Free consultation.