Large trucks are integral to both the Charleston economy and the broader American logistics network, yet they also present significant risks on the road. For motorists injured by a truck driver, securing legal representation from a seasoned truck accident attorney is important for pursuing justice.
South Carolina’s transportation infrastructure is strong, featuring a mix of urban and rural routes that support heavy freight traffic to key logistical nodes like ocean and inland ports, airports, and railways. The state is crisscrossed by five major interstates: I-20, I-85, I-95, I-77, and I-26, which are vital arteries for the movement of goods via large vehicles, commonly referred to as semi-trucks, tractor-trailers, or 18-wheelers.
Given their massive size and weight, trucks are subject to stringent regulations to mitigate the severe impact they can have in collisions. South Carolina law, for example, mandates that trucks keep to the right lane when they are traveling below the normal speed of traffic on highways, with certain exceptions, as stipulated in SC Code § 56-5-1810 (2012).
Handling a truck accident claim demands specialized legal expertise due to its complexity, significantly differing from standard car accident cases. It’s important for victims to choose an attorney with proven experience in truck accident litigation to effectively counter the sophisticated defense strategies often deployed by large trucking companies and their legal teams.
Do You Need to Hire Our Charleston Truck Accident Attorneys to Represent You?
If you or someone close has been harmed in a trucking accident, you might find yourself overwhelmed by several challenges. Physical injuries are just the start; lost wages, rising medical bills, and interactions with insurance companies can add to the stress.
Additionally, pursuing legal claims for damages or navigating lawsuits can be daunting.
Trucking accident claims are intricate and necessitate the expertise of a proficient attorney. Severe injuries often result from such accidents, requiring immediate medical attention.
This urgency may prevent you from collecting essential evidence at the scene of the accident. Engaging a knowledgeable lawyer promptly not only allows you the space to focus on your recovery—both physical and emotional—but also ensures that your rights are protected and you receive the compensation you deserve.
An experienced attorney will efficiently manage your case and hold the liable parties accountable for your injuries and other losses.
How Our Charleston Truck Accident Law Firm Determines the Liability of the Accident
In a truck accident, determining liability can involve several parties depending on the details of the incident.
The main parties that might be considered responsible include:
Truck Driver
The truck driver can be held liable if their actions contributed to the accident. This can include behaviors such as:
- Speeding
- Distracted driving
- Driving while fatigued
- Driving under the influence of alcohol or drugs
Trucking Company
The trucking company can be liable if they:
- Failed to train drivers adequately
- Did not enforce safety protocols
- Neglected vehicle maintenance
- Ignored industry standards
- Pressured drivers to meet unrealistic delivery times or break regulations
Truck Manufacturer or Maintenance Provider
If a mechanical failure due to a defective part, such as brakes or tires, or poor maintenance caused the accident, the manufacturer or the maintenance provider can be held responsible.
Cargo Loaders or Shippers
If improper loading of cargo contributed to the accident by causing the truck to become unstable or the cargo to shift, those responsible for loading or shipping the cargo might be held liable.
Government Entities
In certain cases, government entities can be held liable if the accident was caused by:
- Poorly designed roads
- Inadequate maintenance of roadways
- Insufficient or unclear signage
Determining liability in a truck accident typically requires a comprehensive investigation to identify all contributing factors. It is important to consult with our experienced Charleston injury attorney who can help to solve the complications of truck accident cases and seek compensation for injuries and damages.
Define a Truck Accident Injury Claim
A truck accident injury claim arises when a commercial truck is involved in an accident that leads to injury or damage, often due to driver or company negligence. In South Carolina, commercial truck companies are held to strict standards, including the requirement for drivers to be well-trained and for trucks to adhere to numerous federal regulations.
These companies are also mandated to carry liability insurance of at least $750,000 and maintain their vehicles properly.
Despite these regulations, accidents still occur, such as violent tire blow-outs from poorly maintained trucks, which pose serious risks to other motorists. In these situations, the trucking company may attempt to deflect blame, such as attributing tire failures to defects.
Given the complexity of such claims and the potential for companies to evade responsibility, it’s crucial to have the support of a seasoned Charleston truck accident injury attorney to navigate the claim process effectively and ensure just compensation.
Types of Truck Accident Cases We Handle in Charleston
We represent clients in all types of collisions involving semi-trucks, including:
- Rear-end Truck Accidents: Collisions where a truck strikes the rear of another vehicle.
- Head-on Truck Accidents: Crashes involving a truck colliding head-on with another vehicle.
- Rollover Truck Crashes: Incidents where a truck flips over onto its side or roof.
- Jackknife Truck Accidents: Situations where the truck’s trailer swings out and forms a right angle with the cab.
- Truck Underride Accidents: Crashes are where a smaller vehicle slides underneath a truck.
- Wide-turn Truck Accidents: Accidents are caused by trucks making wide turns and hitting other vehicles.
Investigating Common Forms of Negligence in Truck Accidents
We are experienced in investigating various types of negligence that contribute to truck accidents, such as:
- Negligent Truck Maintenance: Failure to properly maintain the truck, leading to mechanical failures.
- Brake Failure Accidents: Incidents caused by malfunctioning or improperly maintained brakes.
- Truck Tire Blowout Crashes: Accidents resulting from sudden tire failures.
- Unsecured Trailer Load Accidents: Crashes caused by improperly secured cargo.
Advocating for the Injured and Families of Fatal Truck Accidents
We passionately advocate for individuals injured in serious truck accidents and the families of those who have lost their lives. Our cases include:
- Fatal Truck Accidents: Representing families who have lost loved ones in truck crashes.
- Truck Accidents Resulting in Amputation: Cases where victims have suffered the loss of limbs.
- Truck Crashes Resulting in Scarring and Disfigurement: Incidents that lead to permanent physical changes and trauma.
Our commitment is to provide comprehensive legal support and fight for the justice and compensation our clients deserve.
Root Causes of Trucking Accidents in Charleston, SC
Accidents can happen when you least expect them, and they often have similar causes regardless of the type of vehicle involved. Both trucks and cars share common accident causes, but identifying who is at fault is crucial when it comes to trucking accidents.
If you are unsure about the cause of your accident, don’t worry—we can help determine who is responsible.
Some of the most common causes include:
Fatigued Driving
Driving while fatigued can be even more dangerous than driving under the influence. Truckers often work under tight deadlines, pushing themselves to stay on the road longer than is safe.
This can lead to slower reaction times and a higher risk of accidents. If a truck driver has been on the road for too long and caused your accident, they may be held liable.
Driving Under the Influence (DUI)
Driving under the influence is dangerous in any vehicle, but it is especially deadly in a large truck. If you are hit by a trucker driving under the influence, you deserve compensation.
Everyone must remain sober while driving to ensure the safety of all road users.
Road Hazards
Tractor trailers may not be as affected by minor road hazards as smaller vehicles, but significant obstacles like potholes can still impact them. You could be entitled to compensation if you have been injured due to a poorly maintained road.
Proper road maintenance is essential to prevent accidents.
Defective Parts
If a defective part causes a truck accident, the manufacturer may be liable for damage and injuries. These cases can be complex, but an experienced attorney can help you navigate the legal process.
Manufacturers are responsible for producing safe parts, and if they fail, they should be held accountable.
If you have been involved in a trucking accident and need help determining the cause or seeking compensation, contact our experienced attorney, who can guide you through the process.
Immediate Actions to Take After a Charleston Truck Accident
If you’ve been involved in a truck accident in or around Charleston, it is important to handle the situation with care. The steps you take immediately after the accident can significantly impact your ability to receive just compensation for your damages.
Here’s a detailed guidelines on what to do following a truck accident.
- Prioritize Your Health: Your health is paramount. Even if you don’t think you’ve been injured, it is essential to seek medical attention immediately. Some injuries are not immediately apparent and could worsen without prompt medical care. This step is also crucial in establishing a record of your injuries directly linked to the accident.
- Report the Accident: Call the police to the scene as soon as it’s safe to do so. The responding officers will file a report, which is vital for documenting the incident and can be crucial for your insurance claims and any legal proceedings.
- Document the Scene: If you are able, gather evidence at the scene. Take photographs of your vehicle, the truck, any visible injuries, road conditions, traffic signs, and any other relevant details. Also, collect names and contact information of witnesses. This information will be valuable for your case.
- Contact the lawyer: Reach out to a skilled truck accident attorneys as soon as you can. After a semi-truck crash, especially in severe incidents with injuries or fatalities, it’s crucial to act fast to preserve evidence. Trucking companies often send their investigators to the scene immediately to collect evidence that may be unfavorable to you or to potentially tamper with evidence. To protect your interests, it’s essential to have a lawyer who is expert and can respond quickly to protect and document the scene.
- Inform Your Insurance Company: Notify your insurance provider about the accident promptly, but be cautious about the details you share. Stick to the facts and avoid making any statements that could be interpreted against you. Our attorneys can help guide you on how to communicate effectively with your insurer.
- Follow Up on Medical Treatment: Follow your doctor’s recommendations and keep up with all prescribed treatments until you are fully recovered. Failure to follow through could negatively affect your claim, suggesting that your injuries might be less severe than they are.
What Are Some Common Types of Truck Accidents in Charleston?
There are considerable truck accidents, each with unique aspects and repercussions. These are a few of the most typical kinds mentioned below:
- Truck Rollover Accidents: Truck rollover accidents typically occur when drivers lose control, causing the vehicle to tip and roll over. These accidents often result from high speeds, sudden maneuvers, or improperly loaded cargo, leading to significant damage and injuries. Engaging a specialized truck accident lawyer is required to navigate the difficult aftermath and potential legal claims following such a devastating incident.
- Jackknife Accidents: Jackknife accidents happen when a truck’s trailer swings out and forms a sharp angle with the cab, resembling a folding pocket knife. This accident can block multiple lanes, posing severe risks to other road users. Victims of jackknife accidents should seek immediate legal assistance from experienced truck accident attorneys to ensure their rights are protected and to pursue necessary compensation.
- Wide Turns: Commercial trucks making wide turns can inadvertently collide with other vehicles, especially in tight spaces or when the driver fails to adequately check blind spots. While sometimes appearing minor, these incidents can lead to significant injuries or vehicle damage. Consulting with a truck accident lawyer can help victims understand their rights and potential compensation.
- Rear-End Collisions: Due to their considerable mass and length, trucks require more distance to stop compared to smaller vehicles. When trucks fail to stop in time, rear-end collisions occur, which can have catastrophic outcomes for the passenger vehicles’ occupants. Legal representation by a truck accident lawyer can be vital in securing rightful compensation for injuries and damages.
- T-Bone Accidents: T-bone accidents occur when a truck driver fails to observe stop signs or red lights and strikes another vehicle perpendicularly. These accidents often result in serious injuries to those on the impacted side of the vehicle. Legal advice from a truck accident attorney can help victims navigate the complexities of accident claims and compensation.
- Equipment Issues or Failure: Trucks can experience critical equipment failures, such as brake malfunctions or tire blowouts, leading to accidents. These failures may stem from inadequate maintenance or defects. After such incidents, victims need to contact a truck accident lawyer who can investigate potential negligence and pursue claims for damages.
- Head-On Collisions: Head-on collisions involving trucks are often caused by driver fatigue or loss of control, leading to severe outcomes for all involved parties. Such accidents require thorough investigation to determine fault and liability. Victims should seek the expertise of a truck accident attorney to advocate for their rights and compensation.
- Spilled Cargo Loads: Improperly secured cargo can lead to accidents as materials fall from trucks and create hazards on the road. Victims of accidents caused by spilled cargo should consult a truck accident lawyer to explore their legal options for recovering damages from those responsible for securing the load.
Time Limit for Filing a Truck Accident Claim in Charleston
If you’re involved in a truck accident in Charleston, you must be aware of the limited time you have to file a claim in court. If you need to file a civil lawsuit against the negligent truck driver or trucking company, you have two years from the date of the injury to do so.
If you are working with a Charleston truck accident lawyer, your attorney will be responsible for filing the claim within this timeframe.
Additionally, it’s important to note that insurance carriers, in these cases, have very strict reporting deadlines. You must file a claim with your insurance carrier and the truck company’s insurance carrier well before the two-year timeframe to ensure the case progresses smoothly.
Failing to report the incident to the insurance carriers promptly could result in delays or denial of your claim.
Injuries Faced From Charleston Truck Accident
The substantial size and weight of semi-trucks contribute to the severity of injuries in accidents involving these vehicles, often resulting in more critical injuries compared to typical car accidents. Additionally, semi-truck accidents frequently lead to multi-vehicle pile-ups, impacting a larger number of individuals than most car collisions.
Below are several typical injuries sustained in semi-truck accidents:
- Traumatic Brain Injuries (TBI): Despite advancements in vehicle safety features like airbags, traumatic brain injuries remain prevalent in semi-truck accidents due to the sheer force of these collisions.
- Spinal Cord Injuries: Accidents involving semi-trucks, particularly those with large trailers like 18-wheelers, tend to be more severe due to the massive force involved. This can lead to significant spinal injuries, which are more common in these accidents than in other vehicle crashes.
- Amputations: High-speed collisions with semi-trucks can cause smaller vehicles to be thrown into the air, leading to catastrophic outcomes for the occupants. In such violent impacts, passengers may be ejected from the vehicle, resulting in amputation of limbs.
- Burns and Fire-Related Injuries: While fires are rare in most vehicle accidents, the intense impact of a semi-truck crash can rupture fuel tanks and lines, leading to fires that can cause severe burn injuries or fatalities.
- Fatalities: The combination of high speeds and the large mass of semi-trucks increases the likelihood of fatal outcomes in crashes involving these vehicles.
Recent statistics highlight the danger of semi-trucks on the roads. In Charleston, SC alone, semi-truck accidents constituted 67 of the 1,030 vehicles involved in fatal crashes in recent years.
These accidents resulted in the deaths of 49 occupants of other vehicles, 10 truck drivers, and 6 pedestrians, making up 6.5 percent of all fatal road accidents in the state.
Distinguishing Characteristics of Commercial Truck Accidents Versus Car Accidents
Commercial truck accidents, involving vehicles like semi-trucks, cement mixers, and delivery trucks, differ significantly from typical car accidents in several key aspects. Firstly, the size and weight disparities are stark; commercial trucks can weigh up to 80,000 pounds when fully loaded, as opposed to the average car weight of around 4,000 pounds.
This considerable difference in mass means that any collision involving a commercial truck is likely to result in more severe damage and higher rates of injury or fatalities among passenger car occupants. In 2021, data from the National Highway Traffic Safety Administration (NHTSA) indicated that 72% of the 5,788 fatalities in large-truck crashes were occupants of other vehicles.
Additionally, establishing fault in commercial truck accidents can be complex. While driver error might be a factor, liability may also extend to the trucking company, the vehicle manufacturer, maintenance providers, or cargo handlers, among others.
This complexity arises from the many variables involved, such as company policies, cargo loading and securing, and vehicle maintenance.
Furthermore, insurance aspects also vary greatly. Insurance companies for commercial truck drivers are typically aggressive in their defense.
Trucking companies often have dedicated legal teams and investigators ready to respond immediately to an accident, aiming to mitigate liability and reduce the compensation paid out, especially given the severe damages and injuries often associated with these accidents.
This proactive defense strategy determines the need for a strong legal representation for accident victims.
Get Legal Support From Our Charleston Truck Accident Lawyers Today!
After a Charleston truck accident, attorney Ali Awad can help protect your rights, hold negligent truck drivers and trucking companies accountable, and recover maximum compensation for medical expenses, lost earnings, and pain and suffering. Ali Awad is well-versed in truck regulations and collaborates with expert witnesses and investigators in the trucking industry.
Call the CEO Lawyer Personal Injury today at (864) 664-3865 for a free consultation and discussion about your case. If we represent you, there are no legal fees unless we recover compensation for you.
FAQs:
- What should I do immediately after a truck accident in Charleston?
Immediately after a truck accident, ensure your safety and seek medical attention. Call the police to report the accident, gather evidence (photos, witness information), and contact a Charleston truck accident lawyer to discuss your legal options.
- How can a Charleston truck accident lawyer help me with my case?
A Charleston truck accident lawyer can help by investigating the accident, gathering evidence, negotiating with insurance companies, and representing you in court if necessary. They will work to ensure you receive fair compensation for your injuries, lost wages, and other damages.
- What evidence is important in a truck accident case?
Important evidence in a truck accident case includes police reports, medical records, witness statements, photos of the accident scene and vehicles, truck driver logs, maintenance records, and other documentation supporting your claim. A Charleston truck accident lawyer can assist in collecting and preserving this evidence to build a strong case.
