Anderson, SC Truck Accident Lawyer

When Should You Hire a Commercial Truck Accident Attorney?

Truck accident personal injury cases are some of the most complicated cases we see. We wouldn’t fault you for assuming that they are pretty straightforward; a truck driver caused an accident, and they and maybe the trucking company should pay for your damages. The reality of the matter is that personal injury cases related to truck accidents can have multiple liable parties. Obviously, the truck driver and the trucking company may be liable, but the maintenance company responsible for the truck’s repairs, the manufacturer of the truck, and the trucker’s insurance company could all be responsible for paying damages to you.

You must act promptly following a commercial truck accident to ensure the potentially responsible individuals and companies maintain evidence such as dispatch information, safety records, driver logs, and electronic information obtained from the truck itself.

When you’re injured in a truck accident, the physical and emotional trauma can be immediate, but the legal and financial consequences often unfold over weeks and months. You may be dealing with severe injuries, unable to work, and feeling overwhelmed by a system that seems stacked against you. Meanwhile, trucking companies and insurers are already working behind the scenes to protect their interests.

At Hammack Law Firm, we know how complicated and high-stakes these cases can be, and we also know how lost and frustrated victims often feel in the aftermath. That’s why we’re committed to approaching every truck accident case with compassion, clarity, and relentless dedication. From preserving critical evidence to identifying every liable party, we’re here to make sure no detail is overlooked and that your voice is heard throughout the legal process.n.

What Are Some South Carolina Truck Accident Facts?

According to data from the South Carolina Department of Public Safety (SCDPS), the number of truck tractor units involved in traffic accidents increased every year from 2015 to 2018. In 2015, crashes numbered 4,419, and by 2018, they rose to 5,159. They fell slightly in 2019 (the last version available) to 5,087.

Nationwide, commercial truck drivers are legally required to complete special training and adhere to specific state and federal regulations while operating a vehicle. Due to the vast size of large semi-trucks or tractor-trailers, some being over 80,000 pounds when fully loaded, accidents involving them are more dangerous for all parties affected.

In 2019, 82 individuals were killed, and 126 were seriously injured in truck-tractor collisions in South Carolina. In truck accident cases, drivers or passengers riding in standard passenger vehicles are most likely to be injured or killed.

Our Anderson, SC, truck accident attorneys are here to help you understand your legal options and guide you through the legal process. The Hammack Law Firm has your back.

How Is the Liable Party Identified?

Proving negligence requires an attorney to identify and satisfy these four elements:

Duty of care: The truck driver had a legal obligation to act with reasonable care. This is true of all drivers on the road.
Breach of duty: The truck driver failed to provide reasonable care,
Causation: The truck driver’s actions directly caused the truck accident and caused your injuries.
Damages: You suffered actual losses, such as medical expenses, lost earnings, or property damage.

It can be difficult to prove these four elements without legal assistance. A truck accident lawyer will investigate the circumstances surrounding your accident, determine why it happened with evidence and expert testimonials, and determine the fair compensation you are owed.

What Are Common Causes of Commercial Truck Accidents?

A motor vehicle accident can occur at any time, and the causes vary widely. To initiate a South Carolina truck accident claim, you need to identify the cause(s) of your accident to determine what happened and who is at fault.

If you’re unsure of what caused your crash, our attorneys can help. But first, we’ll need to investigate the evidence and uncover the cause, which could be related to one of the following problems:

Fatigued Driving

The law dictates that semi-truck operators have a set amount of time to work before they must take a break. Despite this, employers may offer incentives to drivers to encourage finishing routes faster. Tragically, this means that some commercial truckers drive for too long, causing fatigue. This can result in drowsiness, slower response times, poor judgment, and potentially serious mistakes.

Distracted Driving

Many accidents involving preoccupied drivers are related to cell phones and other electronic devices. Texting or talking while driving (unless using a hands-free device) can distract the operator and result in an unfortunate, preventable accident.

Driving While Intoxicated

Driving under the influence of drugs or alcohol is dangerous regardless of which vehicle(s) are involved. However, when semi-truck drivers are intoxicated and risk jackknifing, they place many lives in danger’s path. Truck drivers are held to a different degree of responsibility. Your average citizen isn’t breaking the law if they drive with a blood alcohol concentration (BAC) of .08%. A commercial truck driver with a BAC of .04 or higher is guilty of driving while under the influence.

Some prescription drugs should not be taken within a certain amount of time of operating a commercial vehicle, and truck drivers know this. Even legal prescription drugs can be enough to claim the trucker was driving while under the influence.

Truckers who cause an accident while intoxicated need to be held liable for paying damages to others who are impacted.

Defective Vehicle Parts

Products can be faulty, and second-rate manufacturing can cause them to break down at inopportune times. When parts in trucks or other vehicles are defective, the manufacturer may be held accountable for a person’s injuries.

Road Hazards

Although a large commercial vehicle may be relatively immune to road hazards such as potholes, road hazards can still cause an accident. Instead of pursuing damages from the truck driver or its company, victims may seek compensation from a municipality when a government road authority fails to ensure drivers’ safety.

Improper Truck Maintenance

Commercial vehicles are massive machines that require constant maintenance in order to operate safely. If a truck driver or a trucking company fails to properly maintain their vehicle, they will likely be liable for damages caused by truck malfunctions, such as a tire blowout.

On the other hand, if the company or person responsible for maintaining the truck fails to do their job, they may be liable for the truck accident.

Unsecured Load

Sometimes, the items a truck is transporting are what cause a truck accident. When something flies off of a flatbed and causes a wreck, the person who did not properly secure the load may be liable for the action.

What Are Common South Carolina Commercial Truck Accident Injuries?

Possible injuries incurred in a commercial truck may include:

Brain injuries
Head and neck injuries
Spinal cord injuries
Broken bones
Soft tissue injuries
Whiplash
Burns
Health issues caused by exposure to toxic chemicals

Some extreme injuries, such as traumatic brain injuries and spinal cord injuries, can lead to partial or full paralysis, brain damage, and lifelong disabilities. It is imperative to note that some injuries may not be noticeable immediately. For example, it may take several days for aches and pains from injuries to appear or for the victim to notice symptoms of a concussion.

Because of the destructive magnitude of truck accidents, deaths are an extreme possibility. If you lost someone close to you, or you are the personal representative of their estate, you may be entitled to a wrongful death claim. While a successful wrongful death claim won’t bring back your loved one, it can hold the negligent parties responsible for their actions.

What Damages Will We Pursue?

Coming up with a reasonable figure for a personal injury settlement requires extensive experience. Failing to hire legal representation can result in leaving yourself legally exposed, leaving money on the table, or even result in your losing your personal injury case.

In truck accident cases, damages that can be pursued are considered either economic or non-economic.

Economic damages are considered tangible or objective. You can easily verify these losses using medical bills and other documentation. Economic damages can include the following:

Medical bills- Emergency services, ambulance rides, surgeries, and ongoing medical attention needed to treat your injuries.
Lost wages- How much money you will lose from being unable to work your job while you recover.
Loss of future earning capacity- If you are forced to quit your job because of your injuries, you should receive compensation to cover that.
Property damage- Costs to repair or replace your vehicle and the contents within it.
Out-of-pocket costs- Any cash you have to spend on rental vehicles, rideshare services, or anything else you must pay for because of your accident.
Towing expenses- Your destroyed vehicle will likely have to be towed and stored, incurring fees.

Non-economic damages, also called intangible or subjective damages, require an experienced legal team to prove. We understand that these losses may not be visible, but they are very real. They often include:

Pain and suffering- Ongoing physical pain and trauma caused by your injuries.
Emotional distress- Accident victims often face anxiety, depression, and post-traumatic stress disorder (PTSD).
Loss of enjoyment of life- Your injuries may result in your inability to enjoy hobbies and activities you once valued.
Disfigurement or scarring- These losses can cause both pain and mental anguish because of the permanent change in appearance.

In wrongful death claims, you can also pursue medical and funeral costs from the negligent party. We can help you understand which damages you can pursue during your free consultation.

Don’t Hesitate to Reach Out to Our Attorneys Today

In most instances, you only have three years from the date of the accident to pursue a personal injury claim after a truck accident. Failing to file your claim within this time frame can result in you losing the chance to hold the guilty parties accountable and being forced to cover the damages out of your own pocket.

Filing a lawsuit is a big step and should not be taken lightly. At Hammack Law Firm, we believe in always putting our clients’ needs first, and that includes your financial needs. Call our office at 864-766-7108 to receive a free case evaluation and learn more about how an Anderson truck accident lawyer may be able to help you.

We put the personal back in “personal injury.”