Practice/Industry Group Overview
A trucking company and its driver need top-flight defense counsel when a serious trucking accident occurs. The Truck Accident Defense Group at Nexsen Pruet has extensive litigation experience and skills to be that defense counsel, whether responding with an action plan in the hours immediately after the accident or picking a jury in a double fatality death case in the courtroom. Our team understands trucking and the challenges facing the defense in truck accident litigation. We are ready, willing and able to take on that immense challenge in North and South Carolina.
The Truck Accident Defense Group has the depth and breadth of experience necessary to defend the catastrophic accident case. We know the federal motor carrier safety regulations and the critical role they play in many claims. Our clients are the motor carrier, owner-operator, truck driver, broker, and/or trailer owner or lessee. They are self-insured or have coverage with a transportation liability insurer who is providing a defense. Our job is to aggressively protect the interests of our client. Defending these complex claims for years has taught us the importance of teamwork, effective communication and understanding the big picture.
Our approach is multi-faceted. We respond to an emergency by rapidly dispatching an accident reconstruction expert and an independent adjuster to the scene. If it makes sense, one of our attorneys will join the emergency response team on site - with camera, measuring tape and flashlight. We make sure evidence is documented and preserved. We talk with and give advice to the driver and safety personnel of the company. Managing the crisis is of utmost importance. Our lawyers are experienced in handling relations with law enforcement and later with the district attorney (North Carolina) or solicitor (South Carolina). In subsequent weeks and months, the investigation continues with witness interviews and developing strategies. By the time the lawsuit is filed, the groundwork has been laid for a formidable defense. We have significant courtroom experience and skills and have successfully handled truck wreck cases through discovery, trial and appeals in state and federal courts. And reasonable settlement is always an idea worth pursuing.
Areas of particular importance for the defense include:
- Admissibility of computer-generated evidence
- Braking systems
- Cargo securement
- Commercial driver license requirements
- Comparative negligence in South Carolina
- Contributory negligence in North Carolina
- Crash reports of state highway patrol
- Drug and alcohol testing
- Driver logs
- Driver qualifications
- Electronic on-board recording equipment
- Employee safety and health standards
- Expert witness reports and testimony
- Federal motor carrier safety regulations
- Hazardous materials transport
- Hours of service
- Motor carrier safety rating
- Proximate cause
- Punitive damages
- Record retention
- Shipping and trip documents
- Spoliation of evidence
- Trial preparation
- Vehicle maintenance
- Witness interviews
- Witness preparation for depositions and trial
Established Professional Reputations
Attorneys in Nexsen Pruet’s Truck Accident Defense Group have built strong reputations throughout and beyond the Carolinas. We frequently appear as speakers, presenters, and panel participants at litigation seminars, and are active in professional and industry organizations. Many of us have earned the highest possible ranking for legal ability and professionalism, and our group has members listed in Best Lawyers in America. We have members in the Trucking Industry Defense Association, the North Carolina Trucking Association and the South Carolina Trucking Association. Dennis Lynch is Vice Chair of the South Carolina Defense Trial Attorney's Association's Trucking Substantive Law Committee.
Full Service, Full Resources
Our trucking industry clients have access to skills and resources that go beyond the Truck Accident Defense Group. With approximately 30 practice areas – including product liability, insurance bad faith defense, employment and labor, construction, and environment – we have the knowledge and capabilities to shape specific solutions to specific problems.
A Tradition of Excellence, Founded on Trust
Nexsen Pruet is one of the largest law firms in the Carolinas, with more than 170 attorneys and offices in Charleston, Columbia, Greenville, Hilton Head, and Myrtle Beach, S.C., and Charlotte, Greensboro and Raleigh, N.C. Our attorneys serve individuals and businesses at the state, local, national, and international levels.