843-636-TREY
If you recently suffered injuries or lost a loved one in a truck accident, South Carolina tort law allows you to hold the at-fault party financially responsible. Several factors, including liability, can complicate a truck accident case.
Let Charleston truck accident lawyer Trey Harrell walk you through the process and take action immediately. Our personal injury team works with families to recover their damages and restore their lives after a devastating accident.
What Is the Role of a Truck Accident Lawyer?
A legal representative is responsible for protecting your rights and fighting to obtain fast and fair compensation. The duties of an attorney vary case by case. However, common tasks for most cases include:
- Providing guidance throughout the legal proceedings
- Conducting a thorough investigation of the accident to gather evidence proving negligence, often with the help of auto accident reconstruction experts
- Completing and filing the paperwork necessary to file your claim or lawsuit
- Handling all communication and negotiations with the insurance company
- Evaluating your losses to identify recoverable damages and ensure you receive a fair settlement
An experienced truck accident lawyer understands the financial, physical and emotional impact of severe accidents. Attorney Trey Harrell offers compassionate support along with professional guidance.
What Types of Cases Can Our Truck Accident Attorney Handle?
The circumstances leading to a truck accident can vary significantly but ultimately result in the most catastrophic impacts in the long term.
Examples of cases our Charleston truck accident lawyer handles include:
- Jackknife accidents: When a truck brakes or turns improperly, the trailer can pivot to one side, creating the shape of a folding jackknife. The flailing trailer can strike other vehicles or flip.
- Rear-end collisions: The drastic difference in size between a commercial truck and a standard passenger car can cause substantial damage when the truck hits the car from behind. Tailgating and distracted driving are common causes.
- Wide-turn accidents: Taking a right-hand turn is tougher for a commercial truck. Cars in neighboring lanes may collide with the trailer or get stuck underneath if the driver is not careful.
- Head-on collisions: The most deadly form of a truck accident is a head-on collision. Fatigued and drunk driving are the most common causes, and the results are typically fatal for passengers in smaller vehicles.
- T-bone accidents: This occurs when one vehicle crashes head-on into the side of another, creating a T-shape. It typically happens at intersections where one vehicle runs a stop sign or red light.
- Rollover accidents: This can happen when a driver takes a turn too sharply or when cargo is overloaded or improperly secured. At worst, a truck can tip over onto another vehicle.
Understanding the type and cause of the accident is the first step in determining who is liable for the crash and the resulting damages. An experienced Charleston truck accident lawyer knows where to look for proof of fault.
Common Causes of Truck Accidents in Charleston
Charleston’s unique roadway system presents specific challenges for commercial truck drivers. Interstate 26 and Highway 17 see heavy truck traffic daily, creating increased risks for accidents. Weather conditions along the South Carolina coast can make driving conditions hazardous, especially during sudden rainstorms or fog.
Driver fatigue remains a leading cause of truck accidents throughout the Charleston area. Federal regulations limit how long drivers can operate their vehicles, but some companies pressure drivers to meet tight delivery schedules. This pressure can lead to violations of hours-of-service rules.
Poor vehicle maintenance also contributes to many accidents. Trucking companies must follow strict maintenance schedules, but some cut corners to save money. Brake failures, tire blowouts, and steering problems can cause serious crashes on busy Charleston roads.
The Immediate Steps After a Truck Accident
Your safety comes first after any truck accident. Move to a safe location if possible and call 911 immediately. Charleston police will respond to document the scene and create an official accident report.
Seek medical attention right away, even if you feel fine initially. Adrenaline can mask serious injuries that become apparent hours or days later. Emergency room visits create important medical records that support your case.
Gather evidence while waiting for help to arrive. Take photos of all vehicles, the accident scene, and any visible injuries. Get contact information from witnesses who saw what happened.
Contact a Charleston truck accident lawyer as soon as possible. Insurance companies will contact you quickly, but having legal representation protects your rights from the start.
How Truck Accident Cases Differ from Car Accidents
Truck accident cases involve more complex legal issues than typical car accidents. Multiple insurance policies may apply, including coverage for the truck, trailer, and cargo. Commercial insurance limits are much higher than personal auto policies.
Federal regulations govern the trucking industry in ways that don’t apply to regular drivers. These rules create additional opportunities to prove negligence. Violations of federal safety standards can strengthen your case significantly.
The severity of injuries in truck accidents often requires longer treatment periods. Medical costs can reach hundreds of thousands of dollars. Future medical needs must be calculated accurately to ensure fair compensation.
Evidence preservation becomes critical in truck accidents. Trucking companies must preserve driver logs, maintenance records, and electronic data from the truck. Your truck accident attorney can send preservation notices to prevent important evidence from being destroyed.
The Investigation Process
A thorough investigation starts immediately after your accident. Time is critical because evidence can disappear quickly. Skid marks fade, debris gets cleaned up, and witnesses’ memories become less clear.
Professional accident reconstruction specialists can recreate what happened. They analyze vehicle damage, road conditions, and physical evidence. Computer simulations help demonstrate how the accident occurred.
Driver records reveal important information about the truck operator’s history. Previous accidents, traffic violations, and drug test results can show a pattern of unsafe driving. Employment records show whether the driver was properly qualified.
Electronic logging devices in modern trucks record valuable data. This information shows the truck’s speed, braking, and steering inputs before the crash. GPS data reveals the truck’s exact location and movement patterns.
Key factors investigators examine include:
- Weather conditions at the time of the accident
- Road surface conditions and visibility
- Traffic signals and signage
- Vehicle maintenance records
- Driver’s hours of service compliance
- Cargo loading and securement
Insurance Company Tactics
Insurance companies for trucking companies employ experienced adjusters and lawyers. They know how to minimize claim values and delay settlements. Quick settlement offers rarely reflect the true value of your case.
Common tactics include questioning the severity of your injuries. Insurance companies may request extensive medical records to find pre-existing conditions. They might argue that previous injuries contributed to your current problems.
Surveillance is another common tactic. Insurance companies may hire investigators to watch your daily activities. They look for evidence that contradicts your injury claims.
Recorded statements can hurt your case if not handled properly. Insurance adjusters ask leading questions designed to get you to say something damaging. Never give a recorded statement without your lawyer present.
The Settlement Process
Most truck accident cases settle out of court, but preparation for trial is essential. Insurance companies take cases more seriously when they know your Charleston truck accident lawyer is ready to go to court.
Settlement negotiations can take months or even years. Complex cases with severe injuries require time to reach maximum medical improvement. Settling too early can leave you unable to cover future medical expenses.
Multiple insurance companies may be involved in settlement discussions. The trucking company, truck manufacturer, and cargo company might all have separate insurance policies. Coordinating between different insurers takes time and skill.
Important considerations during settlement include:
- Total medical expenses, both past and future
- Lost wages and reduced earning capacity
- Pain and suffering compensation
- Property damage costs
- Rehabilitation and therapy needs
- Long-term disability accommodations
Who Is Liable for a Truck Accident?
Determining liability in a truck accident case is often more complex than other auto accident cases. The most apparent defendant is the truck driver. However, under certain circumstances, several other parties could be responsible for the crash, even if they are not physically present when it occurs.
The truck driver
Driver error is a common cause of truck accidents. Speeding, failing to yield, distracted driving and driving under the influence are just a few reasons a driver could be at fault. Independent drivers carry more responsibility than those directly employed by a trucking company because they own their trucks.
If the truck driver from your accident violated a traffic law, causing a crash, you could sue them for damages. However, you may also have a case against their employer.
The truck driver’s employer
The trucking company employing the driver can also be responsible for resulting damages under several circumstances. Relevant duties of the company include:
- Properly vetting truck drivers to ensure they have clean traffic records
- Adequately training drivers before allowing them on the road
- Performing routine inspections and maintenance on their vehicles to keep them operating at peak performance
Hiring a driver with a record of breaking traffic laws or violating industry regulations is the company’s fault. It would make them liable for any accident caused by the truck driver. If the accident’s cause is an issue with the truck, an experienced Charleston truck accident lawyer knows where to look for evidence of the company’s negligence regarding maintenance and inspections.
Third-party mechanic
Trucking companies with large fleets commonly outsource their trucks’ inspection, maintenance and repair responsibilities to a third-party mechanic. If a mechanical issue causes an accident, the first place to look for liability is the party in charge of inspecting and maintaining the truck.
The truck or parts manufacturer
Sometimes a technical or mechanical issue is the fault of the truck or parts manufacturer. For example, a failed braking system could cause a catastrophic accident. The reason for failed brakes could be a maintenance problem, but the manufacturer is responsible if the root is in the design or assembly process.
In this instance, you may need a Charleston truck accident lawyer to help you file a product liability claim. These cases are often challenging. Proving liability falls on the plaintiff, and showing that a manufacturer is responsible for an accident is a complex process.
The cargo loader
The Federal Motor Carrier Safety Administration has strict regulations regarding the weight and security of cargo. Violating weight restrictions or failing to secure a trailer load properly presents many dangers to the driver and others on the road. An overweight load puts undue stress on the truck, causing early wear and tear and increasing the risk of a tire blowout or malfunction.
Properly securing cargo is a critical safety precaution. Haphazardly loaded and secured shipments can shift in transit. A shifting load can throw off the trailer’s center of gravity, increasing the risk of a rollover accident. Flatbed trucks can dump debris onto the road, endangering other drivers and causing the truck driver to lose control.
What Damages Can You Recover From a Truck Accident Case?
South Carolina civil court refers to the losses you can recover from your accident as compensatory damages. These include specific and general losses, also known as economic and non-economic damages. The exact types of damages can vary depending on several elements, including the severity of the accident and injuries.
Specific damages
Specific damages refer to the monetary losses associated with the accident and resulting injuries. A more severe accident will have more substantial damages, but common examples include:
- The cost of necessary medical treatment, including future expenses for injuries requiring pro-longed care
- The income lost from missed work or loss of earning capacity
- The value of any repairs required for damaged property
- The cost of replacement services needed during recovery, such as household help and transport to and from medical appointments
As the plaintiff, you and your legal team are responsible for presenting the evidence to prove specific damages. This can include medical bills, tax documents, pay stubs and repair estimates.
General damages
More complex and often more challenging to prove, general damages refer to the non-monetary losses from the accident and your injuries. This includes the mental and emotional impact:
- The pain and suffering caused by your physical injuries and treatment
- The emotional distress and mental anguish
- Anxiety, depression or post-traumatic stress disorder
- Disability or disfigurement
- Loss of the ability to enjoy life
Trey Harrell, an experienced personal injury lawyer serving Charleston, will assess your truck accident case to identify recoverable non-economic damages and explain the process of assigning monetary value to these losses.
Exemplary damages
Exemplary or punitive damages are not compensation for any loss. Instead, the court may order the defendant to pay additional damages as punishment for gross negligence or egregious behavior. For example, if the driver who hit you was under the influence of drugs or alcohol and driving recklessly at the time, that could constitute gross negligence and warrant an award for punitive damages.
Damages from a wrongful death case
If you lost a loved one in a truck accident due to someone else’s negligence, you may be able to recover damages for your loss. In South Carolina, the executor of the deceased’s estate can seek damages for the surviving family, including:
- Funeral and burial expenses
- Loss of income and benefits your loved one provided
- Loss of inheritance
- Loss of love, society, nurturing and guidance
No amount of money can replace the loss of a loved one. However, the law can ease the financial damage and help you achieve justice.
Schedule a Consultation With a Charleston Truck Accident Lawyer
Truck accidents can have devastating consequences. Trey Harrell and our compassionate team can help you build a case for compensation and hold the at-fault party responsible for their negligence. As a former federal prosecutor, Trey has extensive experience in the courtroom and is prepared to litigate your personal injury claim against the big truck companies.
Contact us today to schedule your free consultation with an experienced Charleston truck accident lawyer.
Truck Accident Case FAQs
What is the most deadly type of truck accident?
An underride accident is when a car ends up underneath the side or back of a truck in an accident. Underride accidents often occur when a truck stops short in front of a driver, and the motorist cannot stop in time to avoid a crash. These injuries will almost always result in a catastrophic injury to the head or neck, and they will usually involve fatalities.
How many truck accidents happen in South Carolina each year?
In 2020, there were 4,978 crashes involving tractor-trailers in South Carolina. There were fatalities involved in 75 of these accidents.
The number of serious truck accidents has been sharply increasing, both in South Carolina and across the country, as there are fewer experienced truck drivers and more commercial vehicles on the road.
What does the FMCSA regulate?
The Federal Motor Carrier Safety Administration is the federal agency that is tasked with regulating trucking and trucking companies. The FMCSA publishes an extensive set of regulations that govern every facet of the trucking industry.
In addition, the FMCSA also acts to inspect trucks, investigate accidents and take enforcement actions against trucking companies that break the rules.
