Suffering injuries in a truck accident is a harrowing experience. In addition to the physical pain and psychological trauma many victims endure, they must figure out what happens next. An insurance claim? A truck accident lawsuit? Here are answers to some of the most frequently asked questions after a truck accident in South Carolina.
What are the Common Causes of Truck Accidents?
Truck accidents in South Carolina can occur for various reasons. Some happen for the same reasons a typical car accident does. Others are due to factors more specific to the commercial trucking industry.
Typical causes of truck accidents include:
- Driver fatigue is a leading cause of truck crashes. Truckers face grueling schedules that can push them beyond the limits of safe and aware driving. Fatigue slows a driver’s reaction times and awareness. In the worst cases, fatigue causes the driver to fall asleep at the wheel.
- Mechanical failure is another common cause of truck collisions. Commercial motor vehicles require regular maintenance due to their size and complexity. Failure to maintain a tractor-trailer properly can cause deadly truck accidents.
- Inadequate training can also increase the likelihood of a truck crash. The Federal Motor Carrier Safety Administration (FMCSA) rates motor carriers and drivers through a compliance, safety, and accountability (CSA) score. Low scores indicate motor carriers, including owner-operators, have a poor safety record of crashes, policy violations, driver fitness for duty, and other factors.
- Unsecured loads or overweight trucks can lead to instability, particularly if cargo shifts during transit.
Who Can Be Held Liable for a Truck Accident in South Carolina?
Determining liability in a truck accident can be complex due to the number of parties involved. Potentially liable parties may include:
- The truck driver, if they acted negligently or violated federal or state laws
- The trucking company, especially if they failed to maintain their vehicles properly or engaged in negligent hiring practices
- The manufacturer of the truck or its parts, if a defect contributed to the accident
- An auto mechanic or repair shop, if they failed to diagnose or fix a problem
Seek the advice of an experienced attorney if you’ve been in an accident with a truck. A truck accident lawyer will thoroughly investigate the causes of the collision to determine who is liable. You can file multiple claims if more than one party is responsible for your accident-related losses. Doing so can optimize your chances of receiving the full compensation you deserve, particularly if one party’s insurance policy cannot cover the full extent of your injuries.
What Should I Do After a Truck Accident?
Here’s what to do after a truck accident in South Carolina:
- Seek immediate medical attention, even if you think your injuries are minor. Some injuries, including whiplash, a concussion, or internal organ damage, may manifest symptoms until later. A medical examination can help detect such injuries sooner, benefiting your health and truck accident claim.
- Gather as much evidence as possible from the accident scene. Take photos and videos of the vehicle damage. Exchange insurance information with the truck driver. A police officer will likely fill out part of the SC accident form FR-10, a mandatory form indicating vehicles involved in an accident have liability insurance. Submit this form to the DMV within 15 days of the crash.
- Avoid discussing the accident or your injuries on social media. As the saying goes, anything you say or do can be used against you by the other side. Keep quiet across all social media channels until you have resolved your claim.
- Contact an attorney with experience handling truck accident settlements and lawsuits. They can guide you through filing a truck accident claim in South Carolina.
What Compensation is Possible for Truck Accident Victims?
Each case is unique. The compensation available to you after a truck accident will depend on the circumstances of the crash and your injuries. Examples of compensation you could receive in a truck accident case include money for:
- Medical bills
- Loss of income
- Rehabilitation expenses, such as physical therapy
- Reduced earning capacity
- Pain and suffering
- Disability and disfigurement
- Property damage
In some cases, the court may also award punitive damages if the defendant’s conduct was particularly egregious or reckless. A seasoned truck accident attorney can identify the compensation you can seek in your claim and place a value on your case.
Are Truck Accident Claims Handled Differently Than Car Accidents?
Yes. Truck accident claims are generally more complex than car accident claims. Due to the larger size and weight of trucks, accidents often result in more severe injuries and damage. As such, the amounts people seek in these cases can often be far greater than the average claim.
Furthermore, commercial vehicle accidents often involve more parties and wading through the particulars of each party’s insurance policy. Handling negotiations against all liable parties requires the skill, experience, and knowledge of a proven South Carolina truck accident attorney.
Should I Talk to the Insurance Company?
It is advisable to talk to an attorney before discussing the details of the accident or your injuries with the insurance company. The insurer aims to minimize the amount they pay to accident victims. They will do everything possible to use your statements against you to reduce your settlement. Your lawyer will know how to handle discussions with the insurance adjuster in a way that will strengthen your claim.
How Can Land Parker Welch LLC Help Me?
Land Parker Welch LLC is a South Carolina personal injury law firm with a history of successfully representing clients in truck accident cases. Our team can explain the nuances of trucking laws so you understand your rights and what you’re entitled to. Our South Carolina truck accident attorney is passionate about protecting our clients and securing the compensation they deserve. Call or contact us online for a free consultation with an S.C. truck accident lawyer.
