South Carolina Truck Accident Lawyer

Causes of South Carolina Truck Accidents

Last year, there were 1,258 reported truck accidents resulting in injury and 144 fatal truck accidents in the Palmetto State. The impact that truck accidents have on those involved and their loved ones can be devastating, and despite strict federal rules and regulations governing the trucking industry, these accidents continue to occur throughout South Carolina. 

While no accident is the same, some common causes of truck accidents in South Carolina include:

Truck Driver Fatigue

Truck driver fatigue is a contributing factor in roughly 13% of all truck accidents. From working more hours than allowed under federal law, to sleep disorders or lack of quality sleep, it is sadly not uncommon for trucker drowsiness to cause a collision.

Hours of Service Regulations set strict limits for drivers, but are disregarded by South Carolina trucking companies far too often. Our experienced lawyers can help prove if fatigue and failure to adhere to federal regulations contributed to your accident.

Distracted Driving

Similar to car accidents, truck driver’s driving distracted is a common cause of tractor trailer wrecks. This can include eating while behind the wheel, texting, watching videos, and much other forms of distractions.

Drunk Driving

Truck drivers may turn to drugs or alcohol while behind the wheel to stay awake or entertained during long drives. The results of any accident involving drunk or intoxicated drivers can be catastrophic, especially when it involves a big rig.

Speeding

Due to the size and weight of trucks, speeding becomes especially dangerous. It can become very difficult to promptly and safely change lanes, come to a stop, or avoid other vehicles on the road when a vehicle of that size is driving over the speed limit.

Following Too Closely

Again, the sheer size of a truck and its slower ability to stop can make following too closely, or tailgating, very dangerous.

Unbalanced Loads

Under federal law, trucks are to be loaded in a specific way to prevent cargo from moving or causing imbalances. If unsecured cargo or unbalanced loads contributed to your accident, we will conduct the research and obtain the evidence needed to prove it.

Defective Parts

Sometimes, the tractor-trailer driver did not solely cause the accident. This may be the case if defective or poorly maintained vehicle parts caused the accident. Trucking companies and their drivers are required to conduct a pre-trip inspection before every trip to identify any potential mechanical issues.  Additionally, each tractor and trailer is required to be inspected at least annually by a federally certified technician.  

Other Causes

Truck drivers are required to go through vigorous training periods; however, even the most careful drivers can cause a collision. In fact, it is estimated that 1 in 3 long-haul truckers will be involved in a serious accident at least once in their career.

Sadly, we’ve seen insurance companies take advantage of truck accident victims who deserve compensation and support, all in an attempt to protect their bottom line. With Cavanaugh & Thickens, LLC, we will fight to get you the entirety of what you’re owed for your damages, and we won’t settle for less.

Compensation Available for Truck Accident Victims

If you or a loved one was injured in a trucking accident caused by someone else’s negligence, you may qualify for significant compensation. The South Carolina personal injury system is designed to compensate accident victims for damages such as:

• Past, Present, and Future Medical Costs
• Future Care Needs
• Physical Pain
• Lost Wages
• Loss of Future Earnings
• Property Damage
• Rental Car Costs
• Trauma
• Pain and Suffering
• PTSD
• Emotional Distress, and more

In addition to these and other damages, if your case goes to trial you may also qualify for punitive damages. Punitive damages are designed to discipline the defendants, such as a trucking company, for their actions – discouraging others from acting the same way in the future. If the case involves drugs or alcohol use, there is no limit to the amount of punitive damages you may be awarded.

If the truck accident resulted in loss of life, surviving family members can seek wrongful death damages for funeral expenses, emotional tolls, loss of financial support, and more. A member of our team is here to walk you through this process.

Liability in South Carolina Truck Accidents

In order to prove liability in a SC truck accident case, you must prove negligence. Your lawyer will do this by proving that:

1. The at-fault party owed you a duty of care,
2. They failed to uphold that duty of care, and
3. Their failure to do so directly caused your accident, injuries, and damages.

In truck accidents, there may be one or multiple liable parties, such as:

• The Truck Driver
• The Trucking Company
• Owner of the Trailer
• The Vehicle Manufacturer
• The People Who Loaded the Truck
• Maintenance Company
• And more.

How To Prove Liability in Truck Accident Cases

Proving liability or responsibility in a trucking accident can be very complicated: there are likely multiple parties involved, the insurance companies involved are bigger, trucking companies can be difficult to work with, and other factors can make this process impossible to handle on your own. Rest assured, we have a track record of success handling these cases. 

In these cases, it is important to contact an experienced South Carolina trucking lawyer as soon as possible to ensure that key documents and evidence are preserved.  

With Cavanaugh & Thickens, LLC, you can expect us to prove liability by:

• Ensuring the trucking company preserves all critical data related to your case, such as engine control module data, dash camera footage, driver logs, driver history, and much more.
• Collecting additional evidence such as witness testimony, security footage, videos, photos, and more.
• Working with experts, such as reconstruction experts.
• Determining if the truck was loaded properly.
• Understanding the state of the driver at the time of the accident.
• Discovering if the truck was properly maintained.
• Analyzing the log books, uncovering any discrepancies or issues.
• And more.

We will use all of this evidence to optimize your case and prove negligence pursuant to South Carolina law. 

Transparently, when it comes to a truck accident case, who you hire matters. Proving liability can become much more difficult when multiple parties are involved or if you don’t have experience with these cases. Let our team use our decades of experience with South Carolina truck accident law to fight for you.

If you have any questions on liability in a truck accident, please don’t hesitate to reach out. We’d be happy to walk you through it during a complimentary case evaluation.

How Much Are Most Truck Accident Settlements?

Truck accident verdicts and settlements range significantly depending on several factors, including but not limited to:

• The severity of your injuries
• How much you have in past, present, and future related medical expenses
• Your future care needs
• Lost earnings
• Lost earnings capacity
• If you have emotional damages from the wreck
• If you’ve suffered a permanent disability
• If the accident resulted in disfigurement
• The amount of property damage
• Punitive damages, if your case goes to trial

While there is no average truck accident settlement, we’ve obtained multiple multi-million figure results for our clients who have been injured as a result of a trucking collision.

For a better understanding of how much your individual case may be worth, speak to one of our reputable truck accident lawyers today by calling (803) 888-2200.

Contact Our South Carolina Truck Accident Lawyers For Free

Our law firm helps people dealing with unexpected injuries and losses every single day. With hundreds of reviews and decades of combined experience, you can rest assured knowing your case is in good hands.

If you have any questions, or are ready to speak with a lawyer today, contact our office at (803) 888-2200 for a free case evaluation directly with an award-winning South Carolina truck accident lawyer. You can also get in touch with our team by emailing info@ctlawsc.com or submitting our secure online request form.

Additional Frequently Asked Questions:

How Long Do I Have to Take Legal Action?

In South Carolina, you generally have three years from the date of the accident to file a personal injury claim. This timeline can be drastically reduced if the accident involved certain entities, such as governmental entities and/or employees.

However, it is critical to act fast following a truck accident, as many trucking companies only hold on to critical documents (that can greatly help your case) for a few months.

Hiring a lawyer quickly will ensure that this evidence is preserved, you do not miss any deadlines, and your claim is fully optimized.

How Much Does a Lawyer Cost?

Many times, our clients are coming to us with astronomical medical bills, totaled vehicles, and other damages.

Rest assured, there are no up-front costs associated with hiring our law firm, and your initial consultation is free of charge.

Our truck accident attorneys work on a contingency fee basis, meaning that they collect a percentage of the total compensation received on your behalf at the end of the case.

If for some reason there is no recovery in your case, then you do not owe us anything.

How Will a Lawyer Help Me?

A truck accident attorney can greatly help your case. At Cavanaugh & Thickens, LLC, you can expect our team to:

• Ensure the trucking company preserves and we obtain all critical documents such as driver logs, history, electronic data, drug/alcohol screen results, and much more.
• Prove liability for your accident, ensuring responsible parties are held accountable.
• Optimizing your claim to ensure you are getting the entirety of what you’re owed for all physical, financial, and emotional damages resulting from the accident.
• Fight for you in court if the insurance company will not offer what you deserve.
• Guide you through the process, keeping you updated throughout your case and beyond, so you never feel alone or in the dark.

If you have any questions, please don’t hesitate to reach out to our team today.

How Long Will My Case Take?

There is no set timeline for how long a truck accident case will take, as it can take weeks to years to reach a fair resolution. The length of your case depends on many factors, such as:

• Your injuries
• The length of your medical treatment
• Whether your injuries require life-long medical care
• If the accident resulted in loss of life
• If the insurance company cooperates
• Whether your case needs to go to trial
• The complexity of your case
• How many parties are involved
• And much more.

For a better estimate, based on the specifics of your case, simply give our office a call and speak with an experienced injury lawyer today.