broken down semi truck with bad tire

If you have been injured in an accident involving an 18-wheeler or other commercial truck, you should talk with an experienced Myrtle Beach truck accident attorney to understand your legal options. You may be able to seek compensation to cover your medical bills and other expenses if your injuries weren’t your fault.

The attorneys and staff at Joye Law Firm understand the disruption and financial stress that a serious injury can cause. Our clients are good people, like you, who going through a difficult ordeal caused by another’s negligence. You may feel anxious and concerned about your situation, or unable to deal with insurance adjusters and everything that goes into filing an accident claim.

Let our compassionate attorneys lift that burden off your shoulders. Our goal is to make a positive difference in the life of each client we help. If you contact our Myrtle Beach law office, an attorney can review the details of your collision and offer guidance about whether you have a valid truck injury lawsuit. If we represent you, we will handle your claim on a contingency fee basis.  You will not pay any upfront or out-of-pocket costs.

Keep in mind that there is no charge to talk with one of our Myrtle Beach injury lawyers about your truck accident, and doing so can help you make well-informed decisions with your future in mind. You will only pay a legal fee if we obtain compensation for you.

How Our Myrtle Beach Truck Accident Lawyers Can Help

At Joye Law Firm, there are the types of legal services our experienced Myrtle Beach injury attorneys can provide to clients who have been injured in crashes involving semi-trucks.

Our attorneys can:

  • Investigate the truck crash and identify all the at-fault parties
  • Make sure you are receiving all the necessary medical attention
  • Help you get referrals to medical specialists, if needed
  • Estimate your present and future medical bills and other truck accident-related expenses
  • Find all the insurance policies that may cover the accident
  • Submit a demand letter to the insurance company
  • Negotiate aggressively with insurer(s) for a fair settlement
  • File a personal injury lawsuit, if needed
  • Seek justice for you in court if a settlement cannot be reached
  • Keep you informed and stand beside you every step of the way

You will find that our attorneys at Joye Law Firm are friendly and approachable. Our law firm puts an emphasis on being accessible to clients. If you have a question, your attorney will make every effort to return your call within one business day.

We believe in treating people as we would want to be treated ourselves if we were seeking professional services.

Can I Recover Compensation for My Truck Crash?

Truck accidents can happen for a variety of reasons. Due to the inherent danger associated with operating these vehicles, they are highly regulated by both state and federal law, but accidents continue to happen. In order to recover compensation, you need to be able to show that your accident was the result of someone else’s negligence, whether that’s the truck driver, the trucking company, or even a driver in another passenger vehicle.

Some examples of negligence that could potentially lead to a truck accident include the following:

  • Speeding
  • Drunk driving
  • Failure to yield
  • Improperly secured cargo
  • Mechanical or maintenance failures
  • Hours of Service violations
  • Distracted driving
  • Improper lane usage
  • Ignoring poor weather conditions
  • Failure to signal
  • Failure to observe stoplights or stop signs

Whether or not your accident was the result of negligence depends on a variety of factors, and it is extremely difficult for a person without legal training to make that determination.

Consequently, anyone who has been involved in a truck accident should have the facts of their case thoroughly reviewed by a skilled lawyer as soon as possible to determine if they are eligible for compensation.

What Causes Semi-Truck Accidents?

Myrtle Beach and the Horry County area have heavy traffic congestion, especially along Highway 17, which links the towns of the Grand Strand. Horry County, which includes Myrtle Beach, is among South Carolina’s most dangerous counties for serious and fatal crashes.

Speeding

Many commercial truck drivers speed or drive too fast for traffic conditions because they are trying to make delivery deadlines. This is extremely dangerous because tractor-trailers need more distance to stop. If traffic comes to a standstill on Highway 17, a truck driver who is not paying attention to road conditions or following too closely may fail to hit the brakes in time to avoid a rear-end collision. This could make the truck driver liable for the injuries of others hurt in the crash.

Fatigue

Some commercial truck drivers are fatigued from many hours behind the wheel and do not react quickly to sudden changes in road conditions. A lack of skid marks at the scene of an accident may be evidence that an exhausted truck driver was asleep when the accident occurred. Our attorneys may analyze a truck driver’s logbooks to determine if the trucker violated the maximum number of hours allowed behind the wheel without rest.

Neglected Maintenance

Trucking companies may be liable for an accident if a big rig is not adequately maintained and a maintenance issue causes a truck to crash. A truck tire blowout can cause a driver to lose control of the vehicle. When we handle a tractor-trailer accident claim, our attorneys move quickly to preserve and analyze truck maintenance records. These types of records, which trucking companies only have to keep for a certain period of time, can provide critical evidence of a trucking company’s disregard for the safety of its fleet of trucks.

Steps to Take Immediately After a Truck Accident

The moments following an 18-wheeler accident can be overwhelming, but taking the right steps can significantly improve your safety and the outcome of any future claims:

  1. Ensure Safety: If possible, move to a safe area away from traffic to prevent additional collisions. Turn on your hazard lights to alert incoming vehicles.
  2. Check for Injuries: Assess yourself and others for any injuries. Semi-truck accidents can cause severe harm, so call 911 immediately, even if the injuries seem minor.
  3. Report the Accident: Contact the police and ensure a report is filed. A police report provides an official record that is crucial for insurance and legal purposes.
  4. Exchange Information: Obtain the truck driver’s name, contact details, insurance information, the license plate numbers for both the cab and trailer of the semi-truck (which may be different), and the trucking company’s name and contact details. Avoid discussing fault or details of the accident during this exchange.
  5. Document the Scene: Take photographs of your vehicle, the truck, the overall accident scene, and any visible injuries. Note the time, location, and any factors like weather or road conditions. If there are witnesses, get their contact information as well.
  6. Seek Medical Attention: Visit a doctor or emergency room promptly. Some injuries, such as brain injuries and internal injuries, may not be immediately apparent, and an early medical record is vital for both the insurance and legal processes.
  7. Notify Your Insurance: Inform your insurance company about the accident, but limit your conversation to the basic facts until you have legal representation.

Dealing with Insurance Companies Post-Accident

After a truck accident, you’ll likely face calls from insurance adjusters seeking a statement or offering a quick settlement. It’s crucial to handle these interactions carefully:

  • Avoid Recorded Statements: Insurance adjusters may ask for a recorded statement that can be used against you later. Politely decline until you have spoken with an attorney.
  • Understand the Offer: Early settlement offers may seem tempting, but usually don’t reflect the full compensation you deserve, especially considering future medical costs and lost wages.
  • Hire an Attorney: A big truck accident attorney can deal with insurance companies on your behalf. They understand the tactics insurers use and can negotiate effectively to ensure you receive fair compensation. The trucking companies have lawyers on their side. You should, too.

Remember, insurance companies are in the business of minimizing payouts. Having an experienced truck accident attorney from Joye Law Firm on your side can help protect your rights and your best interests as you move through the post-accident process.

South Carolina Truck Accident Laws

In South Carolina, as in all states, drivers of all vehicles, including commercial trucks, are required to exercise reasonable care. This means following all traffic laws, driving safely according to road and weather conditions, and generally doing what a reasonable person would do to avoid causing an accident. When a commercial truck driver fails to meet this standard, they, and potentially their employer, can be held liable.

Additionally, South Carolina follows a modified comparative negligence rule. Under this system, an injured party can still recover damages if they are also partially at fault for the accident, but only if they are less than 50% responsible. However, if their case goes to trial, their recovery will be reduced by their percentage of fault.

This means if someone has $10,000 in damages following a crash but is found to be 20% at fault for their accident, they would only be eligible to receive $8,000. Meanwhile, the other driver, who is 80% at fault, is not eligible for any compensation.

Federal Trucking Regulations

The Federal Motor Carrier Safety Administration (FMCSA) sets regulations that govern the commercial trucking industry in the United States. Some key FMCSA regulations include:

  1. Hours of Service: To combat driver fatigue, these rules limit how many hours a truck driver can operate without rest.
  2. Maintenance and Inspection Requirements: The FMCSA requires regular inspections and maintenance of commercial trucks to ensure they are safe to operate.
  3. Cargo Loading Standards: There are specific regulations on how cargo should be secured to prevent it from shifting or falling off the truck, potentially causing crashes.
  4. Drug and Alcohol Testing: Truck drivers are subject to regular drug and alcohol testing.
  5. Qualification of Drivers: The FMCSA sets standards for the qualification of commercial truck drivers, including age requirements, commercial driver’s license (CDL) standards, medical requirements, and more.

Given the complexity of both state and federal laws and regulations governing big truck crashes, navigating a truck accident claim in South Carolina can be daunting. It’s crucial to consult with an experienced truck accident attorney who understands both the state and federal laws and can use this knowledge to advocate effectively for your rights and compensation.

Who Can Be Held Liable for a Truck Collision?

One of the main differences between a truck accident and a “regular” car accident is the number of parties that could potentially be held liable. A semi-truck accident still involves the truck driver and at least one other driver, just like collisions between passenger vehicles, but there are certain considerations that exist when a commercial vehicle is involved in a crash.

The Trucking Company

In many cases, a truck driver’s employer could be held liable for the conduct of the driver. In addition, if a problem with the way that the cargo was secured resulted in an accident—for example, if the cargo shifted in transit and caused the truck to unbalance and crash, the company responsible for loading the cargo into the truck could potentially be responsible for any injuries or damage that may have occurred.

The Manufacturer or Service Company

Sometimes, truck accidents are caused by problems with the vehicles themselves. When this happens, victims may be able to pursue a legal claim against the vehicle manufacturer, the manufacturer of the vehicle part that failed, or even the company responsible for the maintenance of the vehicle. The most effective way to determine whether any of these situations apply to your case is to discuss your accident in detail with a skilled Myrtle Beach truck accident lawyer as soon as you can.

How Much Money is Available from a Truck Accident Claim?

Truck drivers and commercial motor carriers are required by state and federal law to carry higher amounts of liability insurance than owners of passenger cars. Higher amounts of insurance are needed because a semi-trailer crash is more likely to cause serious or fatal injuries due to the size and weight difference between large trucks and smaller vehicles. The occupants of the smaller vehicle typically sustain the brunt of the injuries.

The value of each tractor-trailer injury claim depends on the specific facts of the accident, the extent of the injuries, and the insurance policies available to provide compensation.

Our attorneys focus on identifying all the applicable insurance policies that may provide compensation for your injuries. If we are successful in finding multiple insurance policies, it can increase the amount of compensation you receive.

Since all injury claims are unique, you should walk away from any attorney who guarantees that your claim is worth a certain amount or that the attorney will obtain a certain amount for you. Rest assured, at Joye Law Firm, we will work relentlessly to pursue the maximum compensation that you are entitled to receive for your claim under South Carolina law. If we don’t win you money, you don’t owe us anything. We are understandably proud of our record of results for clients.

Do I Need a Lawyer After Being Involved in a Truck Accident?

Many people who are involved in a truck accident wonder whether they need to retain an attorney in order to recover compensation. While there is no rule that requires South Carolina truck accident victims to retain legal counsel, it is a good idea to do so. Trucking companies are well aware of the fact that they are in a high-risk business, and are ready to aggressively defend against legal claims at the drop of a hat.

In fact, you can be fairly certain that any insurer of a trucking company has a legal team of skilled insurance defense attorneys ready to go to court at all times. For this reason, it is absolutely critical for anyone injured in a semi-truck accident to hire a lawyer who has experience taking on trucking companies. That’s why, according to insurance industry research, victims represented by an attorney recover 3.5 more compensation than those representing themselves.

Some of the ways that a lawyer can help you recover include the following:

  • Your Lawyer Will Investigate Your Claim: Not every truck accident case is clear-cut, and in some cases, it may be necessary for victims to present evidence establishing that the truck driver or another party was negligent. Your lawyer can thoroughly investigate how your truck accident occurred and uncover any evidence of negligence.
  • Your Attorney Will Negotiate with the Insurance Company: Most truck accident cases are settled well before either party sees the inside of the courthouse. The settlement amount is meant to approximate the amount of money the victim would receive if the case went to trial. Arriving at this amount requires an in-depth knowledge of the way that personal injury law compensates victims for their injuries, so having an attorney negotiate on your behalf is an essential part of making sure that any settlement offer you accept is fair.
  • Your Lawyer Will File a Lawsuit on Your Behalf, if it Becomes Necessary: While most cases are settled out of court, it may become necessary to file a lawsuit in order to ensure that you receive the compensation you deserve. If this occurs in your case, your lawyer can file a lawsuit in the appropriate forum on your behalf and represent you in any legal proceedings that may occur. Even if your attorney files a lawsuit, your case may still settle before your trial date, filing lawsuits applies additional pressure to the insurer.

Call a Myrtle Beach Semi-Truck Accident Attorney at Joye Law Firm

Our Charleston trucking accident lawyers report on South Carolina truck and truck accident statistics and Samsung’s Super Truck.

You may be unsure how to proceed if you have been seriously injured in a truck accident. You may be grateful just to be alive. You can take an important step forward by having a knowledgeable Myrtle Beach semi-truck accident attorney discuss your legal options with you.

Our attorneys will listen to your concerns and answer your questions free of charge. Having that information about your legal options permits you to make well-informed decisions about your path forward.

Having an experienced truck accident lawyer on your side can reduce the anxiety you feel after a serious accident. We want to help you put your truck accident injuries behind you and move forward with your life. Call Joye Law Firm today.