Logging Truck Accident Lawyer in Lancaster, SC

After a fatal logging truck accident, a wrongful death claim can demand compensation for:

• Funeral and burial expenses
• Additional financial losses related to the death, such as the loss of a family’s breadwinner
• Mental anguish and shock over an unexpected death
• Loss of support, companionship, comfort, and society.

Who Is Responsible for a Logging Truck Crash?

In most logging truck accidents, as in other motor vehicle accidents, the driver is at fault. Truck driver errors that commonly contribute to crashes include:

• Speeding
• Driving too fast for road conditions
• Following too closely
• Failure to yield the right of way
• Distracted driving
• Fatigued driving

In addition to obeying traffic laws, a commercial trucker is also responsible under Federal Motor Carrier Safety Administration (FMCSA) regulations for inspecting their truck (cab, trailer, and cargo) before each day’s run. If a safety issue the trucker failed to identify and correct contributed to the accident, the truck driver may be found at fault and financially liable to the accident victim.

Other parties that may be liable in a logging truck accident include:

• The trucking company. A truck driver’s employer has legal responsibility for an employee’s negligence or recklessness while pursuing their job duties.
• The truck owner. The logging truck owner is responsible for the truck’s maintenance and safe operation while it is on public roads.
• Cargo loader. The FMCSA has specific standards for securing logs for transfer on commercial trucks. If a third-party loads logs onto a tractor-trailer and does not follow federal standards, they can be held liable if it can be shown that an oversized load, a cargo shift, or loss of cargo contributed to an accident and injury.
• Maintenance contractors. Semi-trucks are maintained by contracted service garages. If a mechanic’s negligence led to a mechanical failure with the truck that contributed to the crash, the repair garage may be held liable for the accident. Typical failures occur in braking systems, tires, and trailer hitches.
• Vehicle or parts manufacturers. In some cases, a tractor-trailer or its components are defective from the start. If a truck or truck components manufacturer sold a faulty product, and its failure led to the accident, the manufacturer can be held liable.

Any of the above may be partially responsible for a logging truck accident that caused your injuries. We may be able to file multiple claims on your behalf. In a case with multiple parties named as defendants in a lawsuit, the opposing lawyers will often try to deflect the blame onto others.

Even if you were partly at fault for a wreck, South Carolina law says you still can collect compensation as long as you are not 50 percent or more responsible for the collision. A skilled personal injury attorney can protect your rights by pushing back against any attempts by insurance companies to shift the blame and avoid liability.

Providing Evidence for Your Log Truck Accident Claim

FMCSA rules cover every aspect of putting a commercial motor vehicle on the road, the truck driver’s duties, and ensuring the safety of the vehicle and its cargo. Because the FMCSA requires motor carriers to record most aspects of their operations, there are official documents available that may provide useful evidence.

It’s important to contact an attorney as soon as possible so evidence can be collected and preserved before it is lost. David Blackwell Law can obtain FMCSA records and other evidence through a court order, such as.

• Daily Hours of Service logs, which record the driver’s rest and work periods
• Driver cell phone records, which may show the trucker’s location at certain times and potentially their distracted driving
• Maintenance and repair records
• Inspection records
• The truck driver’s medical history
• Footage from in-cab driver-facing cameras, which some carriers are installing to monitor driver activity

Crucial to a truck accident investigation is obtaining the truck’s Electronic Data Recorder (EDR or “black box”) database. This database records information about the truck’s operations just as a wreck occurs. This includes truck speed, acceleration, slowing (braking), steering trajectory, gear shifts, and other data that can help us explain what happened in a crash.

In complex cases, if necessary, we consult accident reconstruction specialists whose forensic work can pinpoint and explain what caused a logging truck accident.