Commercial truck drivers frequently cause accidents when they violate road rules or motor carrier regulations. However, trucking companies may bear the blame for these accidents – especially if they fail to hire and retain capable drivers.
If you suffered injuries in a truck collision that resulted from trucking company negligence, an experienced truck accident attorney can help. Your lawyer can investigate your truck accident circumstances, review your options, and fight for the compensation you deserve.
How do Trucking Companies Cause Accidents in South Carolina?
Trucking companies transport goods across the country, but their negligence can sometimes lead to severe accidents.
This negligence can manifest in many ways with disastrous consequences.
- Insufficient maintenance of trucks is a major issue. Trucking companies are responsible for ensuring that their vehicles are always in safe operating condition. This includes regular checks of brakes, tires, lights, and other critical systems. When companies cut corners on maintenance to save money, they risk mechanical failures that can cause accidents. For example, brake failure on a heavy truck can lead to a catastrophic collision – especially at high speeds.
- Inadequate driver training and supervision is another significant factor. Truck drivers need comprehensive training to handle large, heavy vehicles safely. This training should cover defensive driving techniques, proper loading and unloading procedures, and how to handle adverse weather conditions. However, some companies rush this process or fail to provide ongoing education, leaving drivers unprepared for real-world challenges. Additionally, poor supervision can lead to reckless driving behavior, such as speeding or aggressive driving, going unchecked.
- Overworking drivers contributes to fatigue, which is a leading cause of accidents. Trucking companies often set tight schedules and push drivers to meet unrealistic deadlines. The pressure to deliver goods quickly can lead to drivers working long hours without adequate rest. Fatigue impairs reaction times and decision-making abilities, significantly increasing the risk of accidents. Despite regulations limiting driving hours, some companies encourage drivers to exceed these limits.
- Improper loading of cargo is another critical issue. Trucks must be loaded in a way that balances weight evenly to prevent tipping or loss of control. Overloading a truck or failing to secure cargo properly can lead to dangerous situations on the road. Shifting cargo can cause a truck to become unstable, increasing the likelihood of rollover accidents or making it difficult for the driver to control the vehicle.
- Neglecting to follow safety regulations and guidelines is a pervasive problem. Trucking companies must adhere to federal and state safety standards to protect their drivers and the public. Negligence in this area, such as ignoring hours-of-service regulations, failing to conduct mandatory inspections, or not keeping accurate maintenance records, puts everyone on the road at risk.
A truck accident lawyer can identify when trucking company practices contribute to crashes.
Common Types of Truck Accidents that Result from Trucking Company Negligence in SC
Trucking accidents resulting from company negligence often fall into several common categories, each posing significant risks to road safety.
Rear-end accidents, T-bone accidents, sideswipe collisions, jackknife accidents, rollover accidents, and head-on collisions are particularly common.
- Rear-end accidents are frequent and often result from driver fatigue or mechanical failures. When a truck driver is overly tired, their reaction time slows, making it difficult to stop in time to avoid hitting the vehicle in front. Additionally, neglected brake maintenance can lead to brake failure, preventing the truck from stopping quickly and causing rear-end collisions.
- T-bone accidents, where one vehicle crashes into the side of another, usually occur at traffic intersections. These accidents can result from poorly trained drivers who fail to understand right-of-way rules or misjudge traffic signals. Inadequate training and lack of oversight can also lead to such critical mistakes, resulting in severe side-impact collisions.
- Sideswipe collisions happen when two vehicles travel parallel and one swerves into the other. This type of accident often occurs due to improper lane changes, distracted driving, or poor visibility. Trucking companies that do not enforce strict policies against distracted driving or fail to equip their vehicles with the necessary safety features contribute to these accidents.
- Jackknife accidents are particularly dangerous and occur when a truck’s trailer swings out to the side, forming a 90-degree angle with the cab. This can happen due to sudden braking – especially on slick roads – or improper loading that causes an imbalance. Companies that neglect proper loading procedures or fail to maintain braking systems are often at fault for such accidents.
- Rollover accidents occur when a truck tips over onto its side or roof. Improperly loaded cargo can shift and destabilize the truck, making it prone to rollovers. Additionally, speeding and taking sharp turns too quickly can lead to rollovers. Negligence in enforcing safe loading practices and speed regulations often results in catastrophic accidents.
- Head-on collisions are among the deadliest trucking accidents. They usually happen when a truck crosses the median or centerline, colliding with oncoming traffic. Driver fatigue, distraction, or even mechanical failures like steering issues can lead to such accidents. Trucking companies that fail to monitor driver hours or neglect vehicle maintenance contribute to these severe incidents.
Most Common Injuries in a Truck Collision
Victims of trucking accidents resulting from company negligence often suffer severe and life-altering injuries.
Trucks' sheer size and weight make these accidents particularly dangerous, leading to common injuries.
- Traumatic brain injuries (TBIs) are a serious consequence. When a victim’s head strikes a hard surface during a collision, the brain can suffer significant damage. TBIs can vary from mild concussions to severe brain damage, leading to long-term cognitive, emotional, and physical impairments. These injuries often require extensive medical treatment and rehabilitation.
- Spinal cord injuries are another common and devastating outcome. The force of a truck accident can damage the vertebrae or spinal cord, resulting in partial or complete paralysis. Victims may also lose the ability to walk or perform daily activities, drastically altering their quality of life. Spinal cord injuries often require lifelong medical care and assistance.
- Broken bones are frequent in trucking accidents. The force of a collision can fracture arms, legs, ribs, and other bones. Severe fractures may require surgery and lengthy rehabilitation to heal properly. In some cases, victims may suffer from permanent disability or chronic pain due to improperly healed bones.
- Internal injuries are a serious concern. The blunt force trauma from a truck accident can cause internal bleeding and damage to organs like the liver or kidneys. Emergency surgery and intensive care are often required to manage these injuries.
- Whiplash and other neck injuries are common in rear-end truck collisions. The sudden jolt can cause the victim’s neck to snap back and forth violently, leading to soft tissue damage. Whiplash can also result in chronic pain, reduced mobility, and long-term discomfort. Treatment often involves physical therapy and pain management strategies.
Mental trauma is another common injury that insurance companies sometimes overlook.
Surviving a severe trucking accident can lead to post-traumatic stress disorder (PTSD), anxiety, depression, and other mental health issues. Victims may experience nightmares, flashbacks, and an intense fear of driving or riding in vehicles. Psychological injuries often require mental health care from a counselor, psychologist, or psychiatrist to address.
These injuries can have long-lasting effects, but an experienced truck accident attorney can work to pursue the full compensation you deserve for your losses.
Proving Trucking Company Negligence after an Accident in South Carolina
Proving a trucking company's negligence in a truck accident requires establishing specific legal elements and gathering compelling evidence. Here’s a breakdown of how a truck accident lawyer must legally prove negligence in such cases.
Legal Elements of Proof:
- Duty of Care – The first element is to show that the trucking company owed a duty of care to ensure the safety of others on the road. Trucking companies must maintain their vehicles, hire qualified drivers, and follow safety regulations to prevent accidents.
- Breach of Duty—The next step is demonstrating that the trucking company breached this duty. This can involve showing that the company failed to maintain the truck, hired unqualified drivers, or violated safety regulations. A breach occurs when the company’s actions or inactions fall short of the expected standard of care.
- Causation – Accident victims must prove that the breach of duty directly caused the accident and their injuries. This means showing a clear link between the trucking company’s negligence and the harm they suffered. For example, causation is established if faulty brakes due to poor maintenance led to the collision.
- Damages – Finally, the victim must legally demonstrate that they suffered actual damages as a result of the accident. This can include physical injuries, emotional trauma, medical expenses, lost wages, and property damage. Proving damages can justify the compensation sought.
Helpful Types of Evidence in Truck Accident Cases:
- Maintenance Records – Documentation of the truck’s maintenance history can reveal neglect, such as missed inspections or repairs. These records can show if the company failed to keep the vehicle in a safe working condition.
- Driver Logs – Logs that track a driver’s hours can indicate whether the driver was overworked and fatigued, violating hours-of-service regulations.
- Accident Reports – Police and accident reports provide an official account of the incident, often including witness statements and preliminary fault assessments. These reports are valuable in establishing the facts of the case.
- Video Surveillance Footage—Video evidence from traffic cameras, dash cams, or nearby businesses can capture the accident in real time, providing clear visual proof of what happened.
- Expert Testimony – Experts in truck mechanics, accident reconstruction, and safety regulations can offer professional opinions on how the company’s negligence contributed to the accident. Their testimony can strengthen the case by providing specialized insights.
- Employment Records – Reviewing the driver’s employment history can reveal whether the company hired someone with a poor driving record or inadequate qualifications, demonstrating negligent hiring practices.
Recovering Compensation for Injuries in a Truck Crash
Victims may be entitled to compensation in a truck accident resulting from trucking company negligence. These damages address the wide-ranging effects of the accident on the victim’s life, covering both economic and non-economic damages.
Economic Damages:
- Medical Expenses – One of the primary types of compensation is for medical expenses. This includes the cost of emergency care, hospital stays, surgeries, medications, physical therapy, and any ongoing medical treatment required due to the injuries sustained in the accident.
- Lost Income – If the accident results in the victim being out of work, they can seek compensation for lost income. This covers the income they should have earned during their recovery period. In cases where the injuries lead to long-term or permanent disability, compensation can also include future loss of earning capacity.
- Property Damage – Victims can recover the cost of repairing or replacing their vehicle and any other personal property damaged in the accident. This ensures that the financial burden of property loss does not fall on the victim.
- Rehabilitation Costs—Compensation can cover the expenses of accident victims who require ongoing rehabilitation services, such as physical therapy, occupational therapy, or speech therapy. Rehabilitation can regain lost functions and improve quality of life.
Non-Economic Damages:
- Pain and Suffering – This type of compensation addresses the physical pain and emotional distress resulting from the truck accident. It is often difficult to quantify but is a significant aspect of the overall effect of the injuries on the victim’s quality of life.
- Emotional Distress – Beyond physical pain, victims may suffer from psychological issues like anxiety, depression, or post-traumatic stress disorder (PTSD) following the truck accident. Compensation for emotional distress helps to address these non-tangible – but very real – consequences.
- Loss of Consortium – This type of compensation is for the negative effects on the victim’s relationships with their spouse or family. Serious injuries can affect the ability to maintain normal relationships, and this loss can be recognized through monetary compensation.
- Reduced Quality of Life – If the injuries result in a long-term or permanent reduction in the victim’s ability to enjoy life, engage in hobbies, or perform daily activities, they may be entitled to compensation for this diminished quality of life.
Speak With an Experienced South Carolina Truck Accident Lawyer Right Away
If you recently suffered injuries in an accident that resulted from a truck driver or trucking company’s negligent behavior, you may have legal options.
A knowledgeable personal injury attorney in your area can determine your eligibility for filing a claim or lawsuit and take the steps necessary to maximize your compensation award.
