What should I do immediately after a truck accident?

After a truck accident, prioritize medical attention for any injuries. If possible, gather contact information from witnesses, take photos and video of the accident scene, and contact the police. Avoid discussing fault with anyone on the scene. Contact an attorney as soon as possible to help navigate the claims process and preserve valuable evidence. Large trucking companies often deploy “rapid response teams” to accident scenes within hours or even minutes of a truck crash. Their immediate goal is minizine their liability. So, it is important to have a knowledge attorney as quickly as possible.

How long do I have to file a truck accident claim in South Carolina?

In South Carolina, you generally have three years to file a personal injury claim from the accident date. However, it’s best to consult with a truck accident lawyer immediately, as evidence disappears over time, and deadlines may vary based on factors specific to your case.

Who can be held responsible for a truck accident?

Multiple parties may be liable in a truck accident, including the truck driver, the trucking company, cargo loaders, maintenance providers, or even manufacturers of faulty truck parts.

How is a truck accident case different from a regular car accident case?

Truck accident cases differ significantly from standard car accident cases. Commercial trucks have higher insurance coverage limits, multiple liable parties, and specific regulations drivers and companies must follow. Since the stakes are much higher, these cases can turn into huge, legal battles. That’s why it’s important to have a law firm that’s done it before and won’t back down from a fight.

What types of compensation can I receive from a truck accident claim?

Truck accident claims may include compensation for medical bills, lost wages, pain and suffering, future medical needs, property damage and more. In cases involving severe injuries, claims also cover long-term care costs and loss of earning capacity. An attorney assesses your case and helps ensure all potential areas of compensation, including your future needs, are considered.

How do truck accident investigations work?

Truck accident investigations often involve extensive investigations. Examining the accident scene, gathering black box data, reviewing driver logs, and inspecting maintenance records are just the tip of the iceberg. An experienced truck accident lawyer will thoroughly investigate the wreck and will secure legal experts to help bolster your claim.

How much does it cost to hire a truck accident lawyer?

Most truck accident lawyers, including those at Joye Law Firm Injury Lawyers, work on a contingency fee basis. You don’t pay any fees upfront; your attorney only receives a fee if they successfully recover compensation on your behalf.

How long does a truck accident case take to resolve?

The timeline for a truck accident case varies depending on your injuries, the case’s complexity, the number of liable parties, and whether the case settles or goes to trial. More straightforward cases may resolve within a year, while more complex cases might take several years.

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Causes of Tractor-Trailer Accidents in South Carolina

Tractor-trailer accidents occur for many reasons. Unfortunately, many truck wrecks result from commercial vehicle drivers who disregard the rules, make careless mistakes, or act recklessly.

Truck drivers are required to have a professional commercial driver’s license and are expected to follow guidelines and regulations. These include checking their load balance carefully, complying with all federal and state safety regulations, and driving in a safe way to avoid injuring other motorists, bicyclists, or pedestrians.

Some of the top causes of tractor-trailer crashes include:

Driver fatigue. The Federal Motor Carrier Safety Administration (FMCSA) estimates that driver fatigue is a factor in as many as 6,000 truck accidents annually. Hours-of-service rules mandate a break within the first eight hours of driving for long-haul drivers and limit the average weekly hours to 70 hours per week.
Speeding. Truckers who exceed the speed limit are more likely to lose control of their vehicles, roll their vehicle, or be unable to stop in time to avoid hitting another car. Speed-related accidents include crashes where a driver breaks the posted limit and wrecks where a tractor-trailer driver goes too fast for road, weather, or traffic conditions.
Distracted driving. Drivers on a cell phone, sending a text message, watching a video, or using in-vehicle controls are as much as 4 to 23 times more likely to cause an accident. Any activity that causes a driver to look away from the road may significantly increase the chances of a devastating tractor-trailer wreck.
Improperly loaded or overloaded tractor-trailers. When an 18-wheeler is improperly loaded, or a driver fails to balance the load, increasing the risk of an accident. Rollover accidents are prevalent with improperly loaded trucks or improperly secured freight shifts in transit.
Jackknife accidents. Jackknife accidents happen when the trailer slides out to the side of the tractor, potentially causing severe injury to motorists in the path of the jackknifing vehicle.
Under-ride accidents. Under-ride accidents are among the most dangerous big truck crashes and occur when a car slides underneath the trailer. South Carolina Code Section 56-5-4070 mandates that most large trucks, including tractor-trailers, use under-ride guards to prevent these deadly accidents.
Mechanical failure or vehicle defects. Tractor-trailers must be maintained according to guidelines set forth by the FMCSA. Trucks have many parts, such as air brakes, that are prone to failure without proper maintenance.
Blind spots. Big rigs have large blind spots, and truck drivers must account for them. Truck drivers must check carefully for other motorists before turning or changing lanes.
Poor driver training. There is a shortage of professional truck drivers in the United States, causing some companies to employ drivers with sufficient experience to operate large tractor-trailers safely.
Failure to Yield. Truck drivers must yield the right of way when merging, turning, entering a roadway, or changing lanes. When a tractor-trailer driver fails to yield, they may pull into the path of another vehicle or force a smaller vehicle off the road, causing a serious truck accident.
Over-the-counter drug use. Even legal over-the-counter medications can affect a truck driver’s ability to operate safely. Cold medicine, sleep aids, antihistamines, and other medications may cause drowsiness, slow reaction times, blur vision, or impair judgment, increasing the risk of a devastating tractor-trailer crash.

Understanding Truck Accident Claims in South Carolina

Truck accidents can leave injured people and families with urgent medical, financial, and legal questions. These resources explain what to expect after a commercial truck crash and how a claim may move forward.

What to Do After a Truck Accident: The steps you take after a truck accident can make a difference in protecting your health and your legal rights. Seek medical care as soon as possible, report the crash, document the scene if you are able, and avoid giving recorded statements or accepting a settlement offer before you understand the full extent of your injuries. Learn more about the steps to take after a truck accident.
Common Injuries from Truck Accidents: All drivers must recognize the danger of tractor-trailers: their size, weight, and limited maneuverability create a unique risk on the road, especially when hauling flammable liquids, toxic materials, and other massive freight. It’s no wonder that in more than 95 percent of fatal car vs. truck crashes in South Carolina, it is someone in the car who is killed. Commercial trucks can also cause devastating injuries, including traumatic brain injuries, spinal cord injuries, broken bones, internal injuries, burns, and permanent disabilities.
Who Can Be Held Responsible for a Truck Accident? More than one party may be liable for a truck crash, including the driver, trucking company, cargo loader, maintenance provider, vehicle manufacturer, or another negligent party. Holding the responsible parties accountable after a truck wreck can be a challenging and complex endeavor. It’s a tangled process that often involves navigating through layers of bureaucracy, legal loopholes, and resistance from powerful corporations and their insurers. Learn more about who you may be able to sue after a truck accident.
Truck Accident Claims vs. Car Accident Claims: Crashes involving heavy trucks produce some of the most tragic outcomes seen on South Carolina’s highways. Dealing with the aftermath of a truck accident is often much more difficult than a crash that involved only passenger vehicles. Truck accident cases often involve federal safety regulations, commercial insurance policies, company records, and multiple responsible parties. Find out how truck accident claims differ from car accident claims.
Compensation After a Truck Accident: Depending on the facts of the case, injured victims may seek compensation for medical bills, lost income, reduced earning capacity, pain and suffering, property damage, and other losses. To understand how compensation is calculated in a truck accident case, it is helpful to know the main types of damages allowed in personal injury cases in South Carolina. Learn more about what you may be reimbursed for after a truck accident.
Truck Accidents and the Law: To reduce the risk of truck accidents and secure the rights of victims injured in collisions with tractor-trailers and other heavy commercial trucks, both South Carolina and the federal government have laws in place related to truck driving and truck crashes. These laws and regulations can affect how a claim is investigated, who may be responsible, and what evidence is needed to prove a case.
Truck Accident Statistics: Truck crash data helps show the ongoing risks associated with commercial vehicles and the serious consequences these collisions can have for people in passenger cars, on motorcycles, walking, or biking.
Port and Truck Accident Dangers: Heavy truck traffic near South Carolina ports and freight corridors can create additional dangers for motorists, pedestrians, and workers. Learn more about port and truck accident risks.