Truck accidents frequently occur when truck drivers and trucking companies violate motor carrier regulations or traffic laws, or when truckers drive while distracted or intoxicated.
If you suffered injuries in a recent truck accident, a knowledgeable truck accident attorney can help.
Your lawyer can first speak with you about how the accident happened and, if necessary, retain an accident reconstructionist. They can also file a claim with the truck driver or trucking company’s insurer on your behalf and negotiate for fair compensation.
If the insurance company does not offer a reasonable settlement, your lawyer can litigate the case in the state court system.
Your lawyer will fight for your rights, protect your interests, and aggressively pursue the compensation you need every step of the way.
Truck Accident Categories and Causes
Truck accidents can have devastating consequences due to the size and weight of the vehicles involved.
- One common category of truck accidents is rear-end collisions. These often occur when a truck driver fails to stop in time due to the vehicle’s longer stopping distance. Rear-end truck accidents may also happen when truck drivers exceed the speed limit or fail to watch the road attentively.
- Another common type of truck accident is the jackknife accident. This happens when a truck’s trailer swings out to the side, forming a sharp angle with the cab. The truck driver can lose control, often due to abrupt braking or driving too fast around a sharp curve. When a truck jackknifes, it can skid forward, hitting everything in its path.
- Blind spot accidents are also frequent. When truck drivers fail to check their blind spots regularly, it can lead to side-swipes or collisions when the truck driver changes lanes or makes turns.
- Underride accidents are particularly deadly when a smaller vehicle slides under a truck’s trailer. These often result from missing or inadequate underride guards on the trailer, faulty reflectors or brake lights, improper lane changes, sudden stops, or improper loading and unloading procedures.
- Lastly, accidents resulting from fatigue and distracted driving are significant concerns. Distracted driving by truckers, such as texting or using a cell phone, and driving while fatigued can lead to poor decision-making and reaction times, increasing the likelihood of a truck collision.
If you suffered injuries in one of these truck accidents, immediately consult a knowledgeable truck accident lawyer. Your attorney can investigate your accident and explain your legal options to you in clear terms.
Possible Injuries in Truck Accidents
Truck accidents can bring about severe injuries due to the large weight and size of these commercial vehicles.
- One of the most common physical injuries from truck accidents is whiplash, where the accident victim’s neck is suddenly jolted back and forth. Rear-end collisions, where a large truck crashes into the back of another vehicle, frequently result in whiplash.
- Another common injury is broken bones, which can happen in almost any truck accident. The force of a collision can easily fracture arms, legs, ribs, and other bones – especially where a significant amount of force is involved.
- Spinal cord injuries are also prevalent and can have lifelong consequences. In severe cases, victims might suffer from partial or complete paralysis. These injuries often occur in high-speed crashes, such as head-on collisions or rollovers.
- Additionally, traumatic brain injuries (TBIs) are a major concern. TBIs include severe migraines, concussions, and comas, and they can result from the victim’s head striking the interior of the vehicle – such as the window, headrest, or steering wheel – or from violent shaking.
- Internal injuries, such as damage to organs or internal bleeding, are also common. These injuries may not immediately manifest but can kill a victim who doesn’t seek immediate treatment. These injuries often result from the immense force exerted during a truck collision.
Mental injuries are another significant consequence of truck accidents, including post-traumatic stress disorder (PTSD). Victims may relive the accident through nightmares and flashbacks, experience severe anxiety, or avoid situations that remind them of the incident. PTSD can affect a person’s ability to work, drive, or engage in everyday activities.
Depression and anxiety can strike truck accident victims. The trauma of the accident, combined with the stress of recovery and potential lifestyle changes due to injuries, can lead to these mental health issues. As a result, victims may struggle with sadness, hopelessness, or excessive worry.
If you suffered any of these injuries due to your truck accident, focus your full attention on your medical care and recovery. In the meantime, a knowledgeable truck accident lawyer can assemble a settlement demand package for the insurance company to review in your case.
Proving a Truck Accident Claim or Lawsuit Successfully in SC
In a truck accident claim or lawsuit, injured accident victims must prove several legal elements to establish liability and seek compensation.
Here are the key elements of proof:
- Duty of Care – The first element involves establishing that the truck driver owed a duty of care to other road users. This duty requires the driver to operate the vehicle safely and follow all traffic laws and regulations.
- Breach of Duty – The next step is demonstrating that the truck driver breached this legal duty of care. This can include actions such as speeding, reckless driving, driving under the influence of drugs or alcohol, or violating hours-of-service regulations.
- Causation - Additionally, the accident victim must show that the breach of duty directly caused the accident and resulting injuries. This requires establishing a clear link between the truck driver's negligent actions and the victim's harm.
- Damages – Victims must also prove that they suffered actual damages due to the truck accident. These damages can include medical expenses, lost income, property damage, pain, and suffering.
- Proximate Cause – Proximate cause refers to the legal concept that the at-fault party’s actions were the primary cause of the accident victim’s harm. It requires demonstrating that the injuries were a foreseeable consequence of the truck driver’s negligence.
- Negligence of Other Parties—In some cases, you can hold other parties, such as the trucking company, vehicle manufacturer, or maintenance provider, liable for the accident. Your lawyer can identify all potentially responsible parties and establish their negligence.
- Expert Testimony – Expert testimony from accident reconstruction specialists, medical professionals, or other relevant experts can provide valuable insight into the cause of the truck accident and the extent of the victim’s injuries. Expert witnesses can strengthen the victim’s case and refute any opposing arguments.
Successfully proving these legal elements is essential for securing compensation in a truck accident claim or lawsuit. Building a strong case requires thorough investigation, gathering evidence, and presenting compelling arguments to support the accident victim’s claims.
An experienced truck accident lawyer can assist victims throughout the legal process and pursue the compensation and justice they deserve for their losses.
Successfully Settling or Litigating a South Carolina Truck Accident Case
Settling or litigating a truck accident case involves several crucial steps, each essential to ensuring fair compensation for the injured accident victim.
Here’s a clear outline of the process:
- Seek Medical Ongoing Attention and Report the Accident – After the accident, attend all medical appointments and follow through on all treatment recommendations. Doing so helps to ensure a full recovery and provides written documentation of the injuries and medical treatment.
- Gather Evidence – This includes taking photographs of the vehicles, road conditions, and any visible injuries. Document everything, as this evidence will build your case.
- Consult an Experienced Truck Accident Attorney – Retaining a knowledgeable truck accident attorney can significantly affect the outcome of your case. An attorney can help navigate the legal system, handle communications with insurance companies, and properly follow all legal procedures.
- Investigation – Your attorney will thoroughly investigate, gathering more detailed evidence, such as truck maintenance records, driver logs, and any available surveillance footage. They may also work with accident reconstruction experts to understand how the accident occurred and who was at fault.
- Negotiation With Insurance Companies – Before taking the case to court, you may settle with the involved insurance companies. Your attorney will seek a fair settlement covering medical expenses, lost income, property damage, and pain and suffering. If your lawyer reaches a fair settlement agreement, this may save time and the stress of a court case.
- Filing a Lawsuit – If you cannot settle, the next step is to file a lawsuit. This involves preparing and submitting a legal complaint to the court, detailing the accident, injuries, and why the truck driver or trucking company is at fault.
- Discovery Phase – During discovery, both sides exchange information and evidence. This can include depositions, where witnesses and involved parties give sworn statements. Interrogatories (written questions) and requests for documents are also common.
- Trial – If the case does not settle during discovery, it usually goes to trial. Both sides present their evidence and arguments to a judge or jury. Witnesses may then testify, including expert opinions.
- Verdict and Compensation – After hearing both sides, the judge or jury will render a verdict. If you win the case, the court will award compensation based on the damages proven during the trial.
Settling or litigating a truck accident case requires meticulous preparation and a clear understanding of legal procedures. With the help of a skilled attorney, victims can navigate this process and seek the financial compensation they deserve.
Recovering Compensation After a Truck Accident in South Carolina
Truck accident victims may be entitled to compensation for their injuries. These compensatory damages aim to provide financial recovery and help victims rebuild their lives. Here are the main types of financial compensation that are available:
Economic Damages:
Economic damages are quantifiable financial losses resulting from the truck accident.
They include:
- Medical Expenses – This covers the costs of medical treatment, including hospitalization, surgeries, medication, rehabilitation, and ongoing therapy.
- Lost Income – Victims may seek compensation for income they lost due to their inability to work while recovering from injuries. This can include both past and future lost earnings if the injuries result in long-term disability or a reduced earning capacity.
- Property Damage - You may recover compensation for repairing or replacing damaged vehicles or other property involved in the accident.
Other Financial Losses:
This category includes various expenses, such as transportation costs to and from medical appointments, home modifications or assistive devices (because of disabilities resulting from the truck accident), and any other out-of-pocket expenses incurred directly from the accident.
Non-economic Damages:
Non-economic damages are non-monetary but equally significant losses.
They include:
- Pain and Suffering – This item of damage includes compensation for physical pain, discomfort, and emotional distress endured as a result of the truck accident and injuries.
- Emotional Distress – This covers psychological trauma, anxiety, depression, and other mental health issues resulting from the truck accident.
- Loss of Enjoyment of Life – Compensation for the loss of ability to participate in activities and hobbies enjoyed before the accident due to injuries or disabilities.
- Loss of Consortium – This refers to the effect of the injuries on a victim’s relationships with their spouse or family members, including loss of companionship, intimacy, support, or affection.
Punitive Damages:
Punitive damages punish and prevent extreme negligence or intentional misconduct. However, courts only award punitive damages in cases involving egregious conduct by the truck driver or trucking company, such as driving under the influence or willfully disregarding safety regulations.
Contact a Skilled South Carolina Truck Accident Lawyer Near You Today
If you suffered injuries in a truck accident resulting from a truck driver, trucking company, or someone else’s negligence, contact a skilled personal injury attorney experienced in trucking accident cases immediately.
Your lawyer can swiftly investigate your accident circumstances, file a claim on your behalf, negotiate with the insurance company, and litigate your case to an efficient resolution.
