Lancaster, SC Truck Accident Attorney

Parties Who Could Be Held Liable for a Truck Wreck in Lancaster, SC

The trucking industry is actually a collection of smaller, interdependent industries working in concert together, any of which could be fully or partially liable for an accident. As such, any or several of the following parties could be to blame for your injuries:

• The Truck Driver – A truck driver could be at fault for an accident caused by their own negligent or reckless actions, such as breaking traffic laws or failing to secure the cargo load before setting off.
• The Trucking Company – A trucking company may have employer liability for a truck accident caused by one or more of its employees. Trucking companies can also directly cause truck crashes by negligently hiring, training, or supervising a truck driver or pressuring drivers to engage in unsafe driving behaviors to meet deadlines.
• The Truck Owner (If Not the Truck Driver or Trucking Company) – A third party other than the truck driver or trucking company may own the truck or trailer involved in a crash. The truck owner might bear responsibility for an accident caused by inadequate maintenance.
• The Freight Company – A freight company responsible for loading cargo onto a truck or trailer may bear some liability for a truck accident caused by an unsafe cargo load.
• The Truck’s Mechanic – A third-party mechanic hired to service the truck or trailer may bear liability for a crash caused by mechanical failures that result from negligent maintenance or repair work.
• The Truck Manufacturer – A truck or trailer manufacturer may bear liability for a truck accident caused by a design or manufacturing defect in the vehicle.
• An Auto Part Manufacturer – Manufacturers of tires, brakes, transmissions, and other parts used on a truck or trailer may bear responsibility for a crash caused by a defect in one of those components.

Compensation You Could Recover in a Truck Accident Claim

Truck accident compensation can provide you with the financial resources you need to put your life back on track. David Blackwell, a Lancaster truck accident attorney, can help you maximize your financial recovery for:

• Medical treatment and rehabilitation expenses
• Costs of long-term care and support for prolonged or permanent disabilities
• Ongoing and future losses of income or employment benefits if you cannot work full-time or return to your job
• Physical pain from your injuries or medical treatment (such as post-surgical pain)
• Emotional trauma or distress from the accident or your injuries/disabilities
• Lost quality of life caused by permanent disability or disfigurement/scarring
• Costs of repairing your vehicle or reimbursement of your car’s value if totaled in the accident

In the event of a fatal truck accident, surviving family members can pursue compensation through a wrongful death claim.

Could You Recover Compensation if You’re Partly to Blame for a Trucking Accident?

Under South Carolina law, you may have the right to recover compensation even if you share some blame for causing the crash. South Carolina follows the modified comparative negligence rule, which states that an injured truck accident victim can recover compensation so long as their share of fault for the accident is equal to or less than the other parties’ share of fault.

State and Federal Laws on Trucking

State and federal trucking laws require truck drivers to hold a commercial driver’s license with a class appropriate to the type of truck operated. Drivers also need endorsements to their CDLs to operate certain types of trucks or transport various cargo types, such as hazardous materials.

Trucking regulations require drivers and carriers to maintain their vehicles and keep repair and maintenance records. Truck drivers must perform post-trip inspections of their vehicles and document any conditions that affect the safe operation of the truck. Drivers also must inspect cargo loads before setting off and regularly check the load during a trip to ensure that items do not shift during travel.

Finally, hours-of-service laws also limit drivers’ time on duty or behind the wheel and require drivers to track the hours they spend driving, on duty, on breaks, and sleeping.

Common Types and Causes of Commercial Truck Accidents

Semi-trucks and 18-wheelers can get into various types of collisions or accidents, such as:

Many truck crashes occur due to negligent or reckless actions by a truck driver or trucking company. Some of the most common causes of commercial truck accidents include:

• Breaking the speed limit
• Driving too fast for conditions
• Reckless driving, including excessive speeding or swerving through traffic
• Tailgating/following too closely
• Distracted driving
• Drowsy/fatigued driving
• Driving under the influence
• Disregarding traffic signs/signals
• Failing to yield the right of way
• Illegal or unsafe turns or lane changes, including failing to signal or check mirrors
• Improper wide turns
• Driver inexperience
• Unfamiliarity with routes or local roads
• Inadequate truck/trailer maintenance
• Design or manufacturing defects in the truck/trailer or auto parts like tires and brakes
• Unsafe cargo, including excessive or unbalanced weight or unsecured items that can shift or fall out of the truck