South Carolina Truck Accident Lawyer

Imagine cruising down a sunny South Carolina highway, windows down, enjoying the scenery. Suddenly, a monstrous 18-wheeler barrels into view, its immense size dwarfing your car.

Before you can react, a deafening crash shatters the peace. The impact throws you from side to side, leaving you disoriented and in pain.

Unfortunately, this scenario plays out all too often on South Carolina’s roads. Large trucks, also known as tractor-trailers or semi-trucks, share our highways, but their sheer size and weight create a significant risk factor for passenger vehicle drivers.

Over 5,000 people lose their lives every year in accidents involving these behemoths, with most fatalities occurring in passenger vehicles. These tragedies are often compounded by the pressure on truck drivers to meet unrealistic deadlines.

The trucking industry’s relentless pursuit of faster deliveries can lead to driver fatigue, speeding, and other dangerous behaviors, putting everyone on the road at risk.

If you’ve been the unfortunate victim of a truck accident, the physical and emotional toll can be overwhelming. Serious injuries, mounting medical bills, lost wages, and the psychological trauma of the event can leave you feeling lost and unsure of where to turn.

Here at the CEO Lawyer Personal Injury Law Firm, we understand your immense challenges. Our dedicated team of South Carolina truck accident lawyers is here to fight for your rights and ensure you receive the compensation you deserve.

We believe that those responsible for causing your injuries should be held accountable, and we will work tirelessly to achieve that goal.

South Carolina Truck Accident Attorney – Your Voice After a Life-Altering Event

South Carolina’s scenic highways are meant to be enjoyed, not feared. Yet, sharing the road with massive 18-wheelers can turn a relaxing drive into a nightmare. 

Our South Carolina truck accident attorneys are here to guide you through every step of the recovery process, ensuring you have a strong voice fighting for the justice you deserve.

Why We’re Different:

• Trucking Industry Expertise: We go beyond standard personal injury law. Our team possesses in-depth knowledge of complex trucking regulations and how they impact your case.
• Aggressive Yet Compassionate: We fight relentlessly for maximum compensation while providing the empathy and support you need during this challenging time.
• A Commitment to Results: Our meticulous investigations, strong case building, and skilled negotiation tactics are all geared towards securing the compensation you deserve for medical expenses, lost wages, and pain and suffering.

Here’s what you can expect when you partner with us:

• Uncovering the Cause: Our investigators meticulously examine the accident scene, gather evidence, and identify all potentially liable parties, leaving no stone unturned.
• Building a Powerful Case: We build a compelling case that establishes negligence and maximizes your chances of a successful outcome.
• Expertly Navigating Complexities: We handle the legal complexities, insurance issues, and negotiations, allowing you to focus on healing.

Don’t let the immense size of a trucking company intimidate you. The CEO Lawyer Personal Injury Law Firm is here to level the playing field. Contact us today for a free consultation, and let us fight for your rights.

Common Causes of South Carolina Truck Accidents

The sheer size and weight of commercial trucks make them a necessary part of the economy but also a significant danger on the road. Understanding the common causes of South Carolina truck accidents empowers you to be a more aware driver and helps hold negligent parties accountable if you’re ever involved in a collision.

Here are some of the most frequent causes of truck accidents:

Drowsy Driving

Truck drivers often operate on tight schedules, pressured to meet deadlines which can lead to excessive fatigue. Long hours behind the wheel, disrupted sleep patterns, and sleep apnea can all contribute to drowsy driving.

According to the Federal Motor Carrier Safety Administration (FMCSA), drowsy driving is a factor in about 40% of crashes involving large trucks. Symptoms of drowsy driving include difficulty focusing, frequent blinking, and drifting lanes.

Distracted Driving

Similar to car drivers, truckers can become distracted by a variety of factors, taking their eyes off the road and compromising their reaction time. This can include using cell phones, eating or drinking, adjusting in-vehicle controls, or grooming.

Texting while driving is particularly dangerous, as it involves taking your eyes off the road, hands off the wheel, and diverting your mental focus.

Drunk or Impaired Driving

Driving under the influence of alcohol or drugs is never acceptable, and the consequences are even more severe when operating a massive commercial vehicle. Alcohol and drugs impair judgment, reaction time, and coordination, significantly increasing the risk of a catastrophic accident.

The FMCSA strictly regulates the use of alcohol and drugs by truck drivers, and violations can lead to license suspension or revocation.

Speeding 

Speeding is a major factor in all types of car accidents, and truck accidents are no exception. The immense weight of a truck significantly increases stopping distances, making speeding particularly dangerous.

If a truck driver is speeding, they may be unable to slow down in time to avoid an accident, especially when dealing with unexpected situations or sudden traffic slowdowns.

Improperly Secured Cargo

Federal regulations govern how cargo should be loaded and secured on commercial trucks. Improperly secured cargo can shift during transit, causing the truck to become unbalanced or even leading to cargo falling onto the roadway.

Shifting cargo can affect the handling of the truck, while loose cargo on the road creates a hazard for other vehicles.

Vehicle Maintenance Issues

Regular maintenance is crucial for the safe operation of any vehicle, and this is especially true for commercial trucks. Worn brakes, defective tires, malfunctioning steering components, and other mechanical failures can all contribute to a truck accident.

Trucking companies have a legal responsibility to ensure their vehicles are properly maintained and safe for operation.

Blind Spots

Large trucks have extensive blind spots around the sides and rear of the vehicle. Passenger car drivers can easily disappear into these blind spots, creating a significant risk of accidents when changing lanes or merging with a truck.

It’s essential to be aware of truck blind spots and to avoid lingering in them.

Aggressive Driving

Aggressive driving behaviors like tailgating, improper lane changes, and speeding to get around slower vehicles significantly increase the risk of accidents. Truck drivers can be pressured to maintain tight schedules, which may lead to aggressive driving maneuvers in an attempt to make up for lost time.

Why Truck Accidents are Different

While any car accident can be life-altering, those involving large trucks present unique complexities. Here’s why:

Size and Weight Disparity

An 18-wheeler can weigh up to 80,000 pounds, compared to a passenger car averaging around 4,000 pounds. This massive size difference creates a significant imbalance of force in a collision, often resulting in catastrophic injuries for occupants of the smaller vehicle.

Increased Stopping Distance

Due to their immense weight, tractor-trailers require a much longer distance to come to a complete stop. This means truck drivers must maintain a greater following distance and exercise extra caution, especially when approaching intersections or slowing down for traffic.

Blind Spots

Large trucks have extensive blind spots around the sides and rear of the vehicle. Drivers of smaller cars can easily disappear into these blind spots, increasing the risk of accidents when changing lanes or merging.

Cargo Shifting

Improperly secured cargo on a truck can pose a serious threat. If cargo falls or breaks loose, it can create road hazards, cause accidents, and lead to additional injuries.

Seeking Compensation After a South Carolina Truck Accident

While healing from physical injuries is important, the financial burden of medical bills, lost wages, and vehicle repairs can add significant stress to an already challenging situation. The good news is that South Carolina law allows victims of truck accidents to seek compensation for their damages through a personal injury lawsuit.

Here, the CEO Lawyer Personal Injury Law Firm sheds light on the types of damages recoverable in a South Carolina truck accident case.

Economic Damages

These damages compensate for the tangible financial losses you incurred due to the accident. They are often easier to calculate and document since they involve receipts, bills, and other financial records. Recoverable economic damages in a South Carolina truck accident case can include:

• Medical Expenses: This covers all past, present, and future medical costs associated with your injuries. It includes ambulance rides, emergency room visits, doctor’s appointments, hospital stays, surgery, medication, physical therapy, and any other medical care required as a result of the accident.
• Lost Wages: If you are unable to work due to your injuries, you can recover compensation for the wages you lost during your recovery period. This may also include lost income from future missed work due to ongoing medical treatment or limitations caused by your injuries.
• Reduced Earning Capacity: Severe injuries can sometimes leave you with permanent disabilities that impact your ability to work full-time or return to your previous job altogether. In such cases, you can seek compensation for the loss of future earning potential.
• Property Damage: The costs associated with repairing or replacing your vehicle damaged in the accident are recoverable. This may also include damage to other personal property like bicycles, motorcycles, or belongings inside your vehicle.
• Other Out-of-Pocket Expenses: Any other reasonable and necessary expenses related to the accident can be included in your claim. This might encompass transportation costs to medical appointments, home care services, or modifications to your home or vehicle to accommodate your disability.

Non-Economic Damages

These damages are more subjective and compensate for the intangible losses you experience due to the accident. They can be significant and have a lasting impact on your quality of life. Common types of non-economic damages recoverable in a South Carolina truck accident case include:

• Pain and Suffering: This covers the physical and emotional pain you endure as a result of your injuries. The severity and duration of your pain, along with any emotional distress, anxiety, or PTSD you experience, will be considered when determining the value of this category of damages.
• Loss of Enjoyment of Life: If your injuries limit your ability to participate in activities you once enjoyed, such as hobbies, sports, or spending time with loved ones, you can seek compensation for this loss.
• Mental Anguish: The emotional distress and mental suffering caused by the accident can be significant and warrant compensation.
• Loss of Consortium: If your injuries impact your marital relationship and intimacy, your spouse may be able to recover compensation for this loss.

Wrongful Death Lawsuits

In the tragic event that a loved one loses their life due to a truck accident, surviving family members may be eligible to file a wrongful death lawsuit. This lawsuit seeks compensation for the losses suffered as a result of the decedent’s death.

Recoverable damages in a wrongful death lawsuit can include:

• Loss of the Decedent’s Income: This compensates the family for the financial support the deceased would have provided if they had not passed away.
• Loss of Services: This covers the household services the deceased provided, such as childcare, housekeeping, or yard work.
• Loss of Companionship: The emotional loss of companionship, love, and guidance from the deceased is compensable.
• Funeral and Burial Expenses: The costs associated with laying your loved one to rest can be recovered.
• Pain and Suffering of the Survivors: Close family members may be entitled to compensation for the emotional pain and suffering caused by the loss of their loved one.

Holding Negligent Parties Accountable

Determining the cause of a truck accident can be complex and often involves multiple factors. Some of the most common causes include:

• • Truck Driver Negligence: This can encompass a wide range of reckless behaviors, such as:
    • Distracted driving: Using cell phones, eating, or engaging in other activities that divert attention from the road.
    • Fatigue: Long hours behind the wheel can impair a driver’s judgment and reaction time.
    • Speeding: Exceeding the speed limit increases the risk of losing control of the vehicle, especially when navigating curves or changing lanes.

• Driving under the influence of drugs or alcohol.

• • Aggressive driving: Tailgating, improper lane changes, and other aggressive maneuvers significantly increase the chance of accidents.
• Improper Truck Maintenance: Faulty brakes, tire problems, and malfunctioning equipment can all lead to catastrophic accidents.
• Trucking Company Liability: Companies have a legal responsibility to ensure their trucks are properly maintained, and their drivers are adequately trained and qualified. They can be held liable if they fail to meet these obligations and their negligence contributes to an accident.

Evidence in South Carolina Truck Accident Claims

Proving fault in a truck accident case can be more complex than a typical car accident due to the size, weight, and regulations governing commercial trucks. The CEO Lawyer Personal Injury Law Firm understands the challenges involved and is dedicated to collecting the necessary evidence to build a strong case on your behalf.

Here are some key types of evidence that can be crucial in a South Carolina truck accident claim.

Physical Evidence

• Damage to Your Vehicle: The physical damage sustained by your car in the accident can provide valuable insights into the force of the impact, the point of contact, and the relative speeds of the vehicles involved. Photographs of the damage from various angles, along with a detailed repair estimate, can be powerful evidence for your case.
• The Truck and Trailer: Damage to the truck and trailer can also be telling evidence. Scuff marks, tire tread marks, and any damage to the cargo itself can help reconstruct the events leading up to the accident and identify potential causes.
• The Accident Scene: Photographs and video footage of the accident scene can be critical in documenting the location of debris, skid marks, and the final resting positions of the vehicles. This evidence can be used to establish how the accident occurred and pinpoint any potential road hazards or environmental factors that contributed to the crash.

Driver and Company Documents

• Driving Logs: Federal regulations mandate that truck drivers maintain logs documenting their hours of service, including driving time, on-duty time, and off-duty breaks. These logs can reveal violations of FMCSA regulations regarding rest periods and maximum driving time limits. If driver fatigue was a factor in the accident, the driver’s logs would be essential evidence.
• Inspection Reports: Commercial trucks are required to undergo regular inspections to ensure they are safe for operation. Maintenance records and inspection reports can reveal any outstanding repairs or potential mechanical issues that may have contributed to the accident. If the truck was not properly maintained, the trucking company could be held liable.
• Maintenance Logs: Similar to inspection reports, maintenance logs document the upkeep and repairs performed on the truck. A lack of proper maintenance, such as worn brakes or defective tires, can significantly increase the risk of an accident. These records can help establish the trucking company’s knowledge and potential negligence regarding the truck’s safety.
• Cargo Logs: The weight and distribution of cargo play a crucial role in a truck’s stability and handling. Cargo logs document the type, weight, and loading procedures for the cargo on the truck. Improperly secured or overloaded cargo can shift during transit, causing the truck to become unbalanced or even leading to cargo falling onto the roadway, both of which can contribute to accidents.
• Electronic Data Recorders (EDRs): Many modern commercial trucks are equipped with “black boxes” that record data like speed, braking activity, engine performance, and driver controls. This data can be invaluable in reconstructing the events leading up to the accident and identifying driver negligence, such as speeding, distracted driving, or sudden braking. However, it’s important to note that this data can be overwritten after a certain period, so securing it promptly is crucial.
• Substance Abuse Testing Results: Trucking companies are required to conduct regular drug and alcohol testing of their drivers. If a driver was under the influence of drugs or alcohol at the time of the accident, these test results will be critical evidence in your case.
• Employer Records: In some cases, additional employer records, such as driver background checks, training materials, and company safety policies, may be relevant to your claim. These documents can shed light on the trucking company’s knowledge of the driver’s qualifications, training, or any prior disciplinary actions related to safety violations.

Witness Testimony

Statements from bystanders or other drivers who witnessed the accident can provide valuable information about the events leading up to the crash, driver behavior, and the immediate aftermath. Their observations can corroborate your version of events and strengthen your case.

Expert Testimony

• Accident Reconstruction Experts: In complex cases, an accident reconstruction expert can analyze the physical evidence, driver logs, and other data to recreate the events of the accident and determine the cause. Their expert opinion can be highly persuasive in court when establishing how the accident occurred and who is at fault.
• Medical Experts: Medical records documenting your injuries, treatment plan, and prognosis can be essential evidence. In some cases, a medical expert may be needed to testify about the severity of your injuries, the long-term impact they may have on your life, and the future medical care you may require. This expert testimony is crucial for establishing the full extent of your damages and the compensation you deserve.

Remember: This information is not a substitute for professional legal advice. If you have been injured in a truck accident, contact an experienced South Carolina truck accident attorney to discuss your specific case and legal options.

A South Carolina Truck Accident Law Firm’s Frequently Asked Questions (FAQs)

After a devastating South Carolina truck accident, getting through the legal mess can be overwhelming. The CEO Lawyer Personal Injury Law Firm understands the unique challenges you face and is dedicated to answering your questions and fighting for the compensation you deserve.

Here, we’ve compiled a comprehensive FAQ to address some of the most common concerns truck accident victims in South Carolina have.

Who Can Be Held Liable for a South Carolina Truck Accident?

The trucking industry involves various parties, any of whom could potentially be liable for your accident, depending on the cause. Here’s a breakdown of some potentially responsible parties:

• Truck Driver: The truck driver is often the first person considered in liability claims. Negligence like speeding, fatigued driving, or distracted driving by the truck driver can be a significant factor.
• Trucking Company: The trucking company can be held responsible for the accident if their negligence contributed to it. Examples include negligent hiring practices, failure to properly maintain the truck, or pressuring drivers to violate rest regulations.
• Maintenance Company: If a mechanical failure caused by improper maintenance resulted in an accident, the company responsible for truck maintenance could be liable.
• Cargo Loading Company: Improperly loaded or unsecured cargo can shift during transit, causing an accident. The company responsible for loading the cargo could be held accountable.
• Truck or Parts Manufacturer: Defective parts on the truck that contribute to the accident may lead to liability claims against the manufacturer of the truck or parts.

How Can I Prove the Trucking Company Was Responsible?

Investigating the cause of a truck accident requires a meticulous approach. The CEO Lawyer’s experienced team will explore various avenues to build a strong case against the trucking company, including:

• Accident Scene Examination: A thorough review of the accident scene, police reports, pictures, and videos will be conducted to identify factors like skid marks, vehicle damage, and physical evidence.
• Witness Interviews: Statements from bystanders or other drivers who witnessed the accident can provide valuable insights into the events leading up to the crash and the truck driver’s behavior.
• Accident Reconstruction Experts: In complex cases, an expert can analyze evidence and data to recreate the accident and determine the cause.
• Trucking Company Records Review: Obtaining and reviewing the trucking company’s records, including employment documents, inspection reports, driver logs, driver history, vehicle maintenance records, and safety protocols, can reveal potential negligence.
• Black Box Data Retrieval: Modern trucks are equipped with electronic data recorders (EDRs) that record data like speed, braking activity, and driver controls. Securing this crucial data promptly is essential before it’s overwritten.

What Compensation Can I Recover After a South Carolina Truck Accident?

The CEO Lawyer Personal Injury Law Firm understands the significant financial burden a truck accident can cause. We will fight to recover compensation for both your economic and non-economic damages, including:

• Medical Expenses: All past, present, and future medical costs associated with your injuries, including ambulance rides, emergency room visits, doctor appointments, hospital stays, surgery, medication, physical therapy, and any other medical care required.
• Lost Wages: Compensation for wages lost due to your inability to work while recovering from your injuries, including potential future lost income if your injuries limit your earning capacity.
• Property Damage: The costs associated with repairing or replacing your vehicle damaged in the accident.
• Out-of-Pocket Expenses: Any reasonable and necessary expenses related to the accident, such as transportation costs to medical appointments, home care services, or modifications to your home or vehicle to accommodate your disability.
• Pain and Suffering: Compensation for the physical and emotional pain you endure as a result of your injuries.
• Mental Anguish: The emotional distress and mental suffering caused by the accident.
• Loss of Enjoyment of Life: If your injuries limit your ability to participate in activities you once enjoyed, you can seek compensation for this loss.

How Long Do I Have to File a Truck Accident Claim in South Carolina?

The statute of limitations for filing a personal injury lawsuit in South Carolina is three years from the accident date, according to South Carolina Code of Laws 15-3-530. This means you generally have three years to file a lawsuit against the liable party or parties.

However, evidence collection and case preparation require time. 

Contact the CEO Lawyer Personal Injury Law Firm Today

Ali Awad, also known as the CEO Lawyer, is the founder and managing attorney of the CEO Lawyer Personal Injury Law Firm. With a team of experienced attorneys and a proven track record of success, we’re committed to getting you the compensation you deserve after a devastating truck accident.

Ali has over one million followers on social media who come to him for personal injury advice of all types, and The CEO Lawyer’s team boasts a success rate of over 99.5%.

If you’ve been injured in a South Carolina truck accident, don’t hesitate to seek legal representation. A consultation with The CEO Lawyer Personal Injury Law Firm is free, and we work on a contingency fee basis, meaning you pay no out-of-pocket costs unless we recover compensation for you.

Contact us today at (864) 664-3865 or visit our website to schedule a free consultation and discuss your legal options. We’re here to fight for you!