Have you recently been injured in an accident involving a large truck in Lancaster, SC? You could be dealing with serious injuries and long-term medical treatment and expenses. You may wonder how you’ll be able to pay your bills. Besides the cost of treating your injuries now, you could be facing ongoing healthcare needs for long-term impairment or disability. The injuries could affect your ability to work and earn a living.
Multiple parties may share liability for commercial truck accidents, making truck accident liability more complicated to determine. This also might increase the number of insurance policies available to compensate you for your losses.
If you have been injured in an accident caused by a truck driver or commercial truck in Lancaster, S.C., turn to experienced truck accident lawyer David Blackwell for trusted counsel. Attorney David Blackwell can guide you through the trucking accident claims process and help you demand full and fair compensation.
Parties That Can Be Held Liable After a Truck Accident
A fundamental principle of personal injury law is that someone who causes another person’s injuries is legally liable for the consequences, such as:
- Medical bills
- Future medical expenses
- Lost wages
- Pain and suffering
Establishing liability in a car accident is often a relatively simple task. The car drivers are typically the only parties involved. However, this is not the case in large truck accidents. Multiple businesses are involved in the operation of semi-trucks, tractor-trailers, and other commercial trucks. Depending on the circumstances, any of the following could bear truck accident liability:
- The Truck Driver: Truck drivers are under pressure to meet delivery deadlines. The person operating the truck is most directly responsible for its safe operation. The commercial driver can be held liable if the accident resulted from negligence, such as driving while dangerously fatigued, speeding, violating traffic laws, or driving under the influence. If the truck driver is an independent driver, the driver and truck company may have separate liability insurance policies.
- The Trucking Company: The trucking company’s actions or failure to act may have caused the accident, such as failure to check driving records during the hiring process, inadequate training of drivers, pressuring drivers to meet unrealistic delivery schedules, or failure to maintain the 18-wheelers properly.
- The Owner of the Trailer: If the trailer is owned by a different entity than the trucking company, this trailer owner may be liable for neglecting maintenance or failing to adhere to safety standards.
- Cargo Loaders and Shippers: Improper cargo loading can lead to accidents due to loads shifting in transit, overloading, or unsafe handling of hazardous materials. Both loaders and shippers could be held accountable for accidents caused by cargo-related issues.
- Maintenance Companies: Companies contracted to perform maintenance on the truck can be held financially accountable if their failure to properly maintain the vehicle led to the accident, such as failing to correct issues with brakes, steering, or other critical components.
- Truck Manufacturer or parts manufacturer: Truck parts or tire manufacturers can be held responsible if a defect in their product contributed to the accident. This includes cases where recalls were not issued or adequately communicated.
- Other Vehicle Drivers: Drivers of other vehicles involved in the accident may share liability if their negligence contributed to the trucking accident.
- Government Entities: Municipalities or government agencies responsible for road design and maintenance might be liable if poor road conditions, inadequate signage, or faulty traffic control devices caused the accident.
- Truck Brokers: Brokers who match trucking companies with clients needing to ship goods may be held liable if they fail to verify the trucking company’s compliance with safety regulations or hire a company with a history of violations.
- Third-Party Logistics Providers (3PLs): 3PLs that coordinate logistics and transportation without directly handling the cargo may be liable if their negligence or failure to adhere to industry standards contributed to the accident.
Shared Liability After a Truck Accident
In many cases, truck accidents result from mistakes made by several parties. An experienced truck accident attorney can investigate the accident and identify the potentially liable parties.
For example, let’s imagine a scenario where a trucker is speeding because they’re under pressure from the trucking company to make a tight deadline. The light changes, and the car in front of the truck brakes. The trucker slams on the brakes in an attempt to avoid a collision, but the momentum of improperly loaded cargo shifting forward in the trailer prevents the truck from stopping in time, causing it to slam into the back of the car. In this case, the truck driver, the trucking company, and the cargo loaders are all potentially liable for the injuries to people in the car.
South Carolina’s modified joint and several liability rules allow the car’s driver to recover full compensation from whichever party is found to be more than 50 percent at fault for the accident.
How Can an Attorney Prove Liability in a Truck Accident Lawsuit?
An experienced truck accident attorney can investigate the accident, identify those who may be at fault, and gather evidence to support a personal injury claim. The evidence in a truck accident case could include any of the following:
- The police report
- The driver’s logbook
- The truck’s Electronic Logging Device (ELD)
- Dashcam footage
- Eyewitness testimony
- Crash scene photos and videos
- Truck maintenance records
- Cargo records/bills of lading
- Truck and component inspection reports
- Cell phone records
- Medical records
- Employment and training records
- Toxicology reports
- Traffic camera footage
- Black box data
In complex cases in which multiple parties caused the crash, the truck accident lawyer may hire accident reconstruction specialists to help determine liability and who is legally responsible—the truck driver, the trucking company, or others. An accident reconstruction specialist may also produce a report about the accident and offer testimony in support of the accident victims.
Get in Touch with Our Truck Accident Attorneys for Help with Your Case
David Blackwell is an experienced attorney in Lancaster, SC, who has the skill and know-how to handle your truck accident claim. If you suffered severe injuries, let David Blackwell Law stand up on your behalf and pursue the fair compensation you need to move forward. The law handles personal injury cases on a contingency fee basis. You will not be charged a legal fee unless the law firm obtains compensation for you in the form of a settlement or court award. Contact us today for a free consultation with a truck accident lawyer, and find out what we can do for you.
