Truck Accident Lawyers in Columbia, SC
Just driving next to a tractor-trailer can be nerve wracking. The average truck weighs up to 30 times more than a typical passenger car. Pair that massive size with a longer stopping time, congested roads, an overworked driver behind the wheel, or poor weather conditions, and the impacts of a tractor trailer accident can be devastating.
Our Columbia truck accident lawyers understand how difficult truck accidents can be on those involved and their loved ones. With decades of combined experience representing truck accident victims in Columbia and throughout SC, it never gets easier seeing people struggle in the aftermath of an unexpected accident. However, we take great pride in helping families get the compensation and justice they deserve, while holding at-fault parties accountable to help prevent these accidents from happening again in the future.
At Cavanaugh & Thickens, LLC, our award-winning team is dedicated to helping victims of truck accidents and their loved ones recover the best that they possibly can physically, financially, and emotionally. We won’t settle for anything less. Let us aggressively and passionately handle the legal process for you so you can focus on what’s most important: healing. If you or a loved one was hurt in a truck accident, call our reputable Columbia truck accident lawyers today at (803) 888-2200 for a free case evaluation.
Common Causes of Truck Accidents in Columbia, SC
Every tractor trailer accident case is unique. Based on our experience there are many factors that can cause truck accidents. These include, but are not limited to:
- Distracted Driving: Much like car accidents, distracted driving is a common cause of truck accidents. Truckers tend to be on the road for long stretches of time, sometimes resulting in drivers engaging in distractions, such as eating while driving, changing the radio station, texting, watching videos, and other distractions.
- Fatigued Driving: Despite hours of service regulations put in place to reduce truck driver fatigue, it continues to be a contributing factor in roughly 13% of big rig accidents.
- Speeding: Driving above the speed limit is never a good idea. It makes it harder to react in time if an accident or issue is ahead. Speeding even makes seemingly small adjustments like changing lanes dangerous. Large commercial trucks are heavy and unwieldy, making them especially dangerous when a driver is speeding.
- Following Too Closely: Every driver on the road is expected to maintain a safe distance between their vehicle and the vehicle in front of them to ensure they have enough time and space to react to change. With a slower stopping ability, this distance needs to be even greater for a commercial truck. A semi truck driver driving too closely to the vehicle in front of them may not have time to slow down, change lanes, or otherwise avoid an accident if something happens abruptly in front of them, increasing the risk of an accident.
- Not Adhering to the Pre-Trip Checklist: Commercial trucks get a lot of use, which means they can break down and need replacement parts and repairs faster than a personal use vehicle. That’s one reason why commercial truck drivers have to go through a pre-trip safety and inspection checklist every time they go on-duty. If a driver fails to do so, it could mean that they don’t notice an issue that could contribute to an accident miles down the road.
- Not Following Trucking Rules and Regulations: In efforts to keep truckers and other drivers on the road safe, trucking companies are required to follow important rules and regulations, such as Hours of Service Regulations. These are discussed in more detail below.
What Are The Driving Rules For South Carolina Truckers?
The Federal Motor Carrier Safety Administration is tasked with creating the “Hours of Service Regulations” for commercial truck drivers. These regulations can get complex and include exemptions and exceptions for special cases. The South Carolina Hours of Service Regulations applying to truck drivers carrying physical cargo, such as packages and supplies include:
- 11-Hour Driving Limit: Drivers are limited to driving 11 hours after a break of 10 consecutive hours off duty.
- Half-Hour Breaks: Drivers must take a 30-minute break if they’ve driven 8 cumulative hours.
- 60/70 Hour Limits: Drivers working daily may not drive more than 60 hours on duty within 7 consecutive days. A driver working daily may not drive after 70 hours on duty in 8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
These rules and regulations are put in place to protect the motoring public. Devastatingly, we’ve seen time and time again that it is not uncommon for trucking companies to fail to follow these rules.
The trucking company will not make it easy for you to prove that they’ve violated these regulations, and it’s critical to file a personal injury claim as soon as possible after a truck accident to ensure that all data is preserved – such as videos, testimony, and documents. Fortunately, our team has the experience and resources needed to obtain critical documents and evidence in trucking cases. If you believe your accident was caused by a truck driver or company who failed to follow these rules, reach out to our team at Cavanaugh & Thickens, LLC today.
Determining and Proving Fault in Columbia, SC Truck Accidents
The fact that truck drivers are on the job and that multiple parties are likely involved in these cases are two of the many reasons why determining and proving fault in a Columbia truck accident case can be difficult without an experienced truck accident attorney on your side.
Based on the specifics of your accident, here are some parties that may be held liable for your accident, fully or partially:
- The Truck Driver
- The Truck Company
- Owner of the Trailer
- Vehicle Manufacturer
- The People Who Loaded the Truck
- The Maintenance Company
- And more.
While it might seem clear to you that one of these parties was at fault, it’s challenging to prove this under South Carolina law, especially on your own.
For example, in many cases, the trucking company employs the truck driver, which means they both may be held liable depending on the circumstances of the accident. While it is usually the main actions of the truck driver — such as veering off the side of the road or not maintaining a safe following distance — the trucking company can often be held liable because South Carolina law allows victims to hold an employer liable for its employee’s actions. The trucking company may also be able to be held liable if it was negligent in any way during the hiring and training process or if the actions of another employee, such as a mechanic who performed faulty repairs on a truck, contributed to the accident.
Trust us, trucking and insurance companies won’t make proving fault easy for you. When you’re going up against a trucking company and its drivers, you need reputable Columbia truck accident lawyers on your side. At Cavanaugh & Thickens, LLC, we know first-hand how to deal with these types of accidents and what the right strategies are for your case.
Compensation in Columbia Truck Accident Cases
After a truck accident in Columbia, South Carolina, victims and their loved ones may be entitled to recover compensation for all damages related to the accident, including but not limited to:
Special / Economic Damages – This includes compensation for damages that have a direct monetary value, such as:
- Past, Current, and Future Medical Bills
- Future Care Needs
- Lost Wages
- Loss of Potential Future Wages or Earnings
- Property Damage
- Car Rental Costs
- And more.
General / Non-Economic Damages – These are more subjective than special damages and typically don’t have a direct monetary value, such as:
- Trauma
- Pain and Suffering
- PTSD
- Permanent Injuries
- Emotional and Psychological Distress
- Physical pain
- And More.
Punitive Damages – Punitive damages are unique in that they are designed to discipline the defendants for their actions. The higher the punitive damages, the greater the message sent to the defendants as a warning regarding their reckless, illegal, or willful behavior. The idea of punitive damages is to discourage people from performing the same or similar actions in the future.
Wrongful Death – If the accident led to loss of life, we are so sorry. In cases of wrongful death resulting from a truck accident, surviving family members can seek wrongful death damages, such as:
- Funeral Expenses
- Loss of Financial Support
- Emotional Tolls of Losing a Loved One
- And More
Understanding the different damages you can seek compensation for is crucial when pursuing a personal injury or wrongful death claim. Our skilled attorneys will assess the specifics of your case, fighting to get you the best possible outcome for your case and future.
If you or a loved one was hurt in a collision involving a commercial truck or 18-wheeler, you don’t have to go through this alone. The lawyers at Cavanaugh & Thickens, LLC have the experience needed to represent you. Contact our team today to schedule a free consultation and move towards justice.
South Carolina Truck Accident Statistics
While strict rules and regulations govern the trucking industry in South Carolina, the number of fatalities from collisions involving tractor-trailers has increased every year since 2019, according to the most recent available data.
Bar Graph Showing Rise in Fatalities from SC Collisions Involving Truck Tractor every year from 2019 through 2021. *Data from the South Carolina Department of Public Safety.
In 2022, South Carolina reported 294 fatalities from accidents involving pickup tractors, 81 involving truck tractors, and 35 involving other trucks. That year, SC reported 1,018 fatal collisions with 410 involving trucks, meaning trucks were involved in roughly 40% of all deadly accidents in South Carolina.In that same year, accidents involving pickup trucks caused 9,298 injury collisions, truck tractors resulted in 1,193 injuries, and other trucks led to 603 injuries.
How Much Is My Truck Accident Case Worth in Columbia, SC?
Without knowing the exact details of your accident and resulting damages, it’s impossible to give you a fair, accurate estimate of how much your case may be worth. The value of your case is dependent on many considerations, such as:
- How much you have in related medical expenses
- Your estimated future care needs and expenses
- Lost earnings
- Lost earnings capacity
- Pain and suffering
- Permanent disability
- Disfigurement
- Property damage
- Punitive damages, if your case goes to trial
Every case is different. To learn more about how much compensation you may be entitled to, reach out to our team today by calling (803) 888-2200 or submitting our secure, online consultation request form.
How Our Columbia Truck Accident Lawyers Will Help You
When you hire Cavanaugh & Thickens, LLC to help you with your case, you can expect our team to:
- Guide you through the process and what’s next so you never feel left in the dark.
- Prove and value all past, current, and future damages for compensation.
- Gather critical evidence such as black box data to prove the other party was at fault, thus liable to compensate you for your damages.
- Ensure the trucking company preserves and we obtain all documents related to your accident, including driving logs, driver history, and more.
- Fight for you in court if they’re not willing to give you what you deserve via a settlement.
- Collect critical evidence such as video footage, security footage, photos, and much more.
- Obtain and analyze police reports, uncovering any issues with the report.
- Provide guidance on important decisions.
- Find and speak with witnesses.
- Optimize your claim to ensure you are receiving the entirety of what you deserve, and much more.
Speak With an Experienced Truck Accident Lawyer in Columbia, SC
Who you hire for your truck accident case matters. South Carolina trucking law is different from regular car accident law, so it’s critical to hire a lawyer who is well versed with South Carolina trucking rules and regulations in specific.
Our Columbia Truck Accident Lawyers have over 60 years of combined experience representing these cases and have handled hundreds of truck accident cases throughout the state. To schedule a complimentary case evaluation with our reputable legal team, call our office at (803) 888-2200, email info@ctlawsc.com, or complete our secure online form. For your convenience, we are available for you via phone 24/7.
Additional Frequently Asked Questions
How Much Does it Cost to Hire a Truck Accident Lawyer?
As a client of our law firm, you don’t pay us anything upfront or out-of-pocket. In fact, you owe us nothing unless we recover a settlement or judgment for your case. Our team works on a contingency fee basis, meaning at the end of your case, we collect a percentage of the total compensation earned on your behalf.
For a free case evaluation, simply give our office a call at (803) 888-2200.
Will I Have to Go to Trial?
Not every South Carolina truck accident case will go to trial. Typically, your case will only go to trial if the trucking company and its team refuse to offer you a fair resolution for your case. This is known as a “settlement.” Our lawyers have the experience needed to fight aggressively for you in the courtroom and are more than comfortable doing so.
There are many pros and cons to taking your case to trial, and we will explain these to you in more detail based on the specifics of your case.
General Pros: It’s possible to get larger verdicts in court than what was offered in settlement negotiations, especially with punitive damages, and sometimes trials offer victims a greater sense of justice and closure.
General Cons: Your entire case is at the hands of the jury. Even with a great legal team on your side, there’s always a possibility that the jury offers you much less than what was discussed in settlement negotiations, or even nothing at all. Trials also add time to your case, delaying when you will receive your compensation.
What Types of Truck Accidents Cases Do You Handle?
Our lawyers handle all forms of truck accidents, including but not limited to
- 18-Wheeler Accidents
- Semi-Truck Accidents
- DUI Truck Accidents
- Speeding Accidents
- Fatigue Accidents
- Distracted Driving Accidents
- Blind Spot Truck Accidents
- Dumpster and Garbage Truck Accidents
- Head-On Truck Collisions
- Rear-End Tractor Trailer Accidents
- Side Impact Accidents
- Side Sweep Accidents
- Rollover Wrecks
- Jackknife Accidents
- Underride Accidents
- Tire Blowouts
- And more
Looking For More Information?
We understand that hiring the right lawyer for your truck accident case is an important decision. If you have any questions at all, we are here to help. You can always talk directly to our lawyers via phone or in person for free.
In addition, here are some additional resources on trucking accidents written by our team: