Truck accidents make the news because the damage they cause is often devastating due to the sheer size and nature of large commercial trucks. Trucking companies can mitigate this threat by upholding safety standards and training drivers well. But some operators still pose threats by driving under stressful or dangerous conditions. Serious lapses in judgment contribute to truck accidents with some regularity. Sadly, the injuries often sustained in these accidents are severe and can leave victims and their families without any real means of covering the financial burden associated with the recovery process. At Evans Moore, LLC, our truck accident attorneys are committed to protecting the rights of accident victims and their families as they struggle to cope with the consequences of that accident.
Truck Accident Claims in Charleston
In the wake of a truck accident, you need experienced, dedicated legal representation on your side to help you through this difficult time. By contacting Evans Moore, LLC, your case will be handled by both James B. Moore III and Scott C. Evans personally, fighting to help you pursue compensation for the unnecessary pain and suffering you have been forced to endure.
Call us if you get hurt in a truck accident. You may be entitled to compensation for medical bills, lost wages, physical and emotional trauma, and pain and suffering. Navigating the legal system alone can be daunting, and you are less likely to receive the full compensation you are entitled to with the help of an experienced attorney.
Why Trucking Accidents Are Different From Car Accidents
There are several reasons why a trucking accident differs from an accident involving passenger cars.
Shipping and delivery vehicles operate with different laws and regulations governing their driving and liability than the laws and rules for cars. Their very nature and size make them far more dangerous to operate and be around on the road. Their drivers also get paid to cover as many miles as possible in the shortest time. As such, truckers sometimes cut corners or make exceptions regarding driving laws to get their cargo delivered.
Some of the ways truck accidents differ from car accidents include
- Larger vehicles, larger insurance policies: Over-the-road trucks pull 53-foot trailers and can weigh up to 80,000 pounds. To protect their liability, the owner of the truck, owner of the cargo, seller of the cargo, and sometimes even the cargo broker will need to carry an insurance policy. This means that when these trucks get into an accident, an insurance company will have a much larger investment to protect and work much harder. They will employ expert adjusters, investigators, and attorneys to protect themselves. This is why having an experienced attorney is so important if you’ve been in a trucking accident.
- Larger vehicles, more damage: The larger the vehicle, the more costly the repairs and the more damage they can cause. Over-the-road trucks are among the largest vehicles allowed on public roads, and an accident with one can cause far more damage than an accident with another passenger car.
Increased risk of injury: Again, the size of an 18-wheel truck means that when it does get into an accident, there is far more risk of serious injury to occupants of the other vehicle
Causes of Truck Accidents
Our legal team possesses both the experience and the resources to help you pursue truck accident claims involving any of the following:
- Drunk Driving – Drivers with a blood alcohol concentration (BAC) level of 0.08% and over are legally considered to be impaired and should not be allowed to operate a vehicle.
- Mechanical Defect or Malfunction – Manufacturers are responsible for ensuring their products are safe. If they discover an unsafe product has made its way to market, it must be recalled. Mechanical defects in trucks are often attributed to faulty tires and bad brakes.
- Employer Negligence or Liability – Trucking companies must uphold high standards to ensure the safety for truck drivers and other drivers on the road. Employers should take appropriate measures to properly train their employees, as well as perform comprehensive truck inspections. Trucking companies can be held liable for negligence that led to a trucking accident.
- Truck Driver Error – Driver errors can happen to any driver; however, when truck drivers make errors, the consequences can be grave and even life-threatening. A distracted driver in a negligent driver, and truck drivers must remain vigilant when behind the wheel to avoid any unnecessary driving errors.
- No-Zone Accidents – Areas surrounding a truck are known as ‘no-zones.’ Truck drivers must take extra precautions when driving to ensure that their driving does not harm cars in their ‘no-zone.’ No-zone accidents can occur when a driver slams on his breaks or switches lanes suddenly.
What to Do If You’ve Been in an Accident with a Commercial Truck
If you’ve been in an accident with an 18-wheeler, here are some steps you should take immediately to protect yourself and your potential claim:
Get to safety: Move your vehicle and any occupants out of traffic and to a safe place to assess any injuries or damage.
Contact 911: Getting first responders on site is important. Once the police arrive, they will create an accident report.
Get medical attention: Even if you don’t think you got hurt, contacting emergency medical services immediately is essential. Let them know your condition, the condition of any other vehicle occupants, the condition of the truck driver, and your location. An ambulance can transport any seriously injured people to a medical facility.
Get insurance information: Insurance for an over-the-road truck can be complex, so make sure and get all the info from the driver. There may be separate insurance for the driver, truck owner, freight broker, shipping company, or cargo owner.
Document everything: If possible, begin the documentation process immediately. Start a written record of exactly what transpired from the moment of the accident to the present. If possible, take photos of the truck, your vehicle, your injuries, the crash scene, and anything else you think might be pertinent to an investigation. This will help build a strong case for damage claims later on, if necessary.
Don’t talk about it: Do not discuss who was at fault for the accident. Even apologizing for the accident can be taken as claiming responsibility, so watch what you say to the truck driver or any other parties.
Gather paperwork: If a medical team treats you for injuries on-site or later, ask for a report. If a police officer arrives to assist and starts investigating what happened, ask them for a copy of their findings. Again, this information can help you later if you file an insurance claim for damages.
Types of Trucking Accidents We Cover
- Sideswipes:< Because a semi-truck has no rearview mirror, the driver relies completely on side-view mirrors to see what’s behind or beside them. They’re trained to look in these mirrors often regardless of whether they’re changing lanes, so if a large truck sideswiped you, there’s a good chance the driver wasn’t doing what they should have been.
- Rear-ending: Trucks are tall vehicles. They can be up to 14 feet tall, and in many cases, the view of the road ahead is obstructed by the hood of the truck, leaving a large blind spot directly in front of the cab. If a tractor-trailer has rear-ended you, it’s likely the driver was following too closely for safety.
- City street accidents: Once a truck leaves the highway, the chances of an accident can be compounded by the lack of space to maneuver or turn on city streets, alleys, and byways. Though truck drivers are required to have training in maneuvering their vehicles safely in tight quarters, the lack of visibility from the driver’s seat means an accident may be just around the corner.
Recoverable Damages From Trucking Accidents
If you’ve been in an accident with a truck, you want a resolution fast. You want compensation for your injuries, pain and suffering, medical bills, and damage to your vehicle. A knowledgeable attorney from Evans Moore, LLC can help you get your deserved compensation. A claim for damages might include the following:
- Medical bills: If you get seriously hurt, medical costs can pile up quickly. A damages claim usually includes compensation for emergency medical services, diagnostic testing, treatment, hospital stays, surgery fees, and rehabilitation or medication.
- Lost wages: Being injured in an accident can have serious repercussions, not just regarding your health and safety, but for your job and those who depend on you. An experienced attorney can help you file a claim for compensation for losing your ability to work and cover lost wages.
- Pain and suffering: Aside from the injuries to your person or damage to your property, the experience of an accident with a large truck can devastate your overall state of mind and well-being. A claim for pain and suffering aims to compensate you for both mental and physical injuries you endured due to the traumatic experience of being in a trucking accident.
Frequently Asked Questions
The truck driver, trucking company, or owner of the truck can be held liable for the truck accident. Truck drivers have specific responsibilities as a driver and as an employee to uphold while driving a truck. The trucking company or the owner of the truck has a responsibility to ensure that they adequately train and monitor their drivers, as well as adequately maintain their fleet. In the case of a mechanical defect or malfunction, including brakes or faulty tires, the manufacturer of the defective products can be held liable. Each case is different and highly circumstantial; therefore, the best way to determine who is at fault for your accident is to contact an attorney today to discuss your case.
Police reports are crucial to build a strong case. These reports include important information, including names and contact information of the parties involved, a detailed description of the accident, and a description of who may be at fault for the accident. Obtaining a police report is critical to building a strong case in court. Having the official police report will only make your case that much stronger.
If you have been injured in a truck accident, you could be eligible for financial compensation to assist with the aftermath. You may receive compensation for medical expenses, lost wages, property damage, and pain and suffering.
A wrongful death case can be pursued if your family has lost a loved one due to another’s negligence; this includes drunk driving, driver errors, or any negligent act that may have led to the accident. Losing a loved one is not easy, and we understand how hard it is to recover from this type of loss. Hiring a lawyer may be the last thing on your mind, but it is crucial. Although no amount of money will bring back your loved one, you are eligible for financial compensation to help recover from the medical expenses, potential loss of earnings, and pain and suffering.
Fatigued drivers are the leading cause of truck accidents. Due to truck driver’s long hours on the highway, drivers often drive fatigued. While the government sets standards on how many hours a truck driver can drive at a time, these measures are often ignored.
U.S. Truck Accident Statistics
According to the South Carolina Department of Public Safety:
- There were 2,493 truck accidents in South Carolina in 2020. These wrecks accounted for 2.1 percent of all South Carolina traffic collisions for the year.
- Also that year, commercial trucks were involved in 91 fatal traffic collisions statewide.
- Truck accidents accounted for 9.4 percent of statewide fatal traffic collisions that year.
- Among fatal collisions between commercial trucks and non-commercial vehicles, truck-related factors contributed to 12.2 percent of the incidents.
- The primary uses of commercial trucks involved in fatal collisions were transporting property, facilitating construction or maintenance, and logging.
- Out-of-state commercial truck drivers accounted for 45.1 percent of those involved in traffic collisions in South Carolina. Among these out-of-state commercial truck drivers, 58.8 percent hailed from North Carolina, Georgia, and Florida.
Consult with a Truck Accident Attorney in Georgetown
If you got hurt in a South Carolina truck accident, you should speak with a truck accident lawyer at Evans Moore, LLC now. We can begin developing an aggressive legal strategy against the responsible party. To discuss the particulars of your situation with one of our accident lawyers, please call our offices at (843) 995-5000 today.
