A commercial truck can be a serious danger to everyone else on the road. Its size, weight, and higher ride height make it much more likely to cause catastrophic injuries when it collides with passenger vehicles. Victims are often left with lost income, medical bills, and psychological scarring, to say nothing of the pain and discomfort of the injuries themselves. They should not have to pay the price of an accident that was someone else’s fault.
If you are struggling to rebuild your life after a severe truck accident injury, David Blackwell Law can help. We are dedicated to assisting injury victims throughout South Carolina, and we can effectively pursue the money you need to rebuild your life after a devastating accident. Our legal team will treat you with the care and compassion you deserve, getting to know you so that we better understand your needs and how we can serve them.
Call us today or complete our contact form for a free consultation with a truck accident lawyer in South Carolina.
We serve clients across South Carolina, including Indian Land, Lancaster, Fort Mill, and Rock Hill.
Why You Should Hire a South Carolina Attorney for Your Truck Accident Claim
A truck accident lawsuit is often a complex, lengthy legal battle that involves powerful companies and high-powered defense teams. Don’t try to pursue your case alone. Instead, let a South Carolina truck accident attorney handle this work for you while you prioritize your health.
A truck accident lawyer can investigate the accident and your injuries to account for the totality of your losses, then negotiate hard for the full amount you’re owed. That way, you won’t leave money on the table. Without a lawyer’s help, you risk losing your case or settling for less than what you deserve, with potentially disastrous consequences for your future.
Who Could Be Held Liable for a Trucking Wreck in South Carolina?
In most car accident cases, one driver bears most or all of the responsibility for the accident. Truck accident cases, on the other hand, often involve multiple parties who may have had a role in the collision. Those potentially liable parties include:
- The Truck Driver – The driver can be liable if the accident occurred due to their own negligent behaviors, such as distracted driving, driving under the influence, or violating traffic laws.
- The Trucking Company – Trucking companies can be liable for accidents resulting from their policies, practices, or negligence in hiring, training, and supervising their drivers.
- The Truck Owner – If someone other than the truck driver or trucking company owns the truck, that party might be liable for issues related to the condition or upkeep of the vehicle.
- Cargo Loaders – If improper loading or securing of cargo contributed to the accident, the parties responsible for cargo loading might be liable.
- Truck Manufacturers – If the accident happened because of a defect in the truck or its components, such as its brakes or tire, the manufacturer of that component could be responsible.
- Maintenance Companies – Parties responsible for maintaining the truck might be liable if a lack of proper maintenance or repairs contributed to the accident.
- Other Motorists – Another road user could be liable for the crash if their actions made it harder for the truck driver to avoid a collision.
- Government Entities – If poor road conditions or inadequate signage played a role in the accident, local or state government entities in charge of them could be responsible.
What Happens if You’re Partly to Blame for a Trucking Accident?
In some states, such as North Carolina, you cannot recover compensation for an accident if you bear any responsibility for the crash. South Carolina, however, allows accident victims to recover compensation as long as their share of fault is 50 percent or less. However, if you bear some fault for a truck crash, your compensation is reduced according to your share of responsibility.
Working with an experienced South Carolina truck accident lawyer is crucial to maximizing your compensation, as they can know how to show your story in the best possible light.
What Compensation Could You Recover in a South Carolina Truck Accident Claim?
A South Carolina truck accident attorney’s goal is to help you recover as much compensation as possible for your injuries and other losses from the crash. That means seeking truck accident compensation to account for your:
- Past and future medical expenses
- Lost income and reduced future earnings due to an injury or disability
- Pain and suffering
- Emotional distress
- Diminished quality of life due to an injury or disability
- Damaged personal property
In addition, if your family member was killed in a fatal truck accident, you and your surviving family may pursue a wrongful death lawsuit.
How Come Trucking Accidents Are More Complicated Than Other Motor Vehicle Collisions?
You need an attorney for a South Carolina truck accident claim because these collisions are more complex than a typical car crash. Here are some of the many reasons truck accident cases are more complicated than those involving other collisions:
- Size and Weight Differences – A semi-truck with a full trailer might weigh up to 80,000 pounds, which is more than 30 times the weight of a typical 2,000-pound passenger car. An 18-wheeler, semi-truck, big rig, and other kinds of commercial trucks also sit higher off the road than passenger cars. This size disparity often leads to more severe damage and injuries in an accident, making the aftermath more complex to resolve.
- Federal Regulations – Truck drivers and trucking companies must adhere to strict state and federal regulations, such as hours-of-service rules and maintenance standards. Finding and proving violations of these regulations can add layers of complexity to truck accident cases.
- Multiple Parties Involved – The many different layers within the truck industry mean that multiple parties could be to blame for a crash, including the driver, trucking company, cargo loaders, and vehicle manufacturers. Determining who among these various entities bears responsibility for a crash can be challenging.
- Severe Injuries and Higher Medical Costs – The sheer force imparted by a truck collision means that victims often suffer more severe injuries, leading to higher medical costs and longer recovery times. This raises the stakes of the legal process.
- Complex Insurance Policies – Trucking companies typically have large, complex, and often overlapping insurance policies. Determining the extent of the coverage they provide is fundamental to recovering maximum compensation, but doing so requires experience, attention to detail, and legal acumen.
- Extensive Evidence and Documentation – A truck accident case often requires a thorough investigation to recover many types of evidence, like driver’s logs, black box data, and maintenance records.
What Is Considered a Truck in South Carolina?
The South Carolina DMV uses the same definition as the Federal Motor Carrier Safety Administration (FMCSA) to classify a vehicle as a commercial truck. According to the FMCSA, a commercial truck is a vehicle that meets any of the following criteria:
- The vehicle has a combined weight rating of more than 26,000 pounds, including a trailer weighing 10,000 pounds or more
- The vehicle has a weight rating of more than 26,000 pounds without a trailer
- The vehicle can carry 16 or more people, including the driver
- The vehicle transports hazardous materials (using the federal definition of hazardous materials)
Common Types of Commercial, Big Rig, and Semi-Truck Accidents in South Carolina
While big rig accidents come in many different types, some of the most common include the following:
- Jackknife Accidents – This type of accident occurs when the trailer of a truck swings out toward the cab at an angle that resembles a folding knife.
- Rear-End Collisions – These accidents happen when a truck crashes into the rear of a vehicle in front of it. These crashes often occur because of the longer stopping distances required for trucks.
- Underride Accidents – In these collisions, a smaller vehicle slides underneath a truck’s trailer, which can lead to catastrophic or fatal truck accidents.
- Rollovers – This occurs when a truck tips over onto its side or roof, often due to the driver losing control, taking sharp turns too quickly, or struggling to control an imbalanced load.
- Blind Spot Accidents – These happen when a truck driver fails to see other vehicles in their blind spots before changing lanes or making turns.
- Lost Load Accidents – These accidents involve cargo falling from a truck, creating road hazards and potential collisions.
- Tire Blowouts – A sudden tire failure can cause a truck driver to lose control, potentially leading to a serious accident.
- Head-On Collisions – These occur when a truck collides head-on with another vehicle, perhaps because the truck driver is impaired, distracted, or driving aggressively. The combined force of two vehicles colliding directly into one another can cause severe injuries or fatalities.
What Injuries Can Someone Sustain in a Truck Accident?
Truck crashes frequently lead to catastrophic injuries, such as:
- Traumatic brain injuries
- External injuries to the head or face
- Spinal cord injuries, including complete or partial paralysis
- Crushed or severed limbs
- Internal bleeding
- Injuries to internal organs
- Severe burns
- Broken bones
- PTSD or other forms of psychological distress
Call Our Expert South Carolina Truck Accident Lawyers Today
South Carolina personal injury attorney David Blackwell and the team at David Blackwell Law know how devastating truck accidents are and are committed to protecting your legal rights if you’ve been injured in one. Call our truck accident law firm today or reach out online for a free case review.