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If you suffered injuries in a crash caused by a careless fuel tanker driver, our team is here for you. A Florence fuel tanker accident lawyer from Hammack Law Firm represents victims of commercial vehicle crashes and pursues damages for them through an insurance settlement or lawsuit.

Our team handles cases in Florence County and other nearby areas. We provide free case assessments and consultations. We will answer your questions and evaluate your legal options during this conversation.

Seeking Compensation in a Truck Collision Case

We file insurance claims on behalf of our clients. These claims are based on the liability insurance policy of the truck driver and their employer in most fuel tanker accident cases. We support the claim with evidence and demand a just payout based on the harm our client suffered.

If the insurer will not cooperate and offer an appropriate settlement, we will sue the liable parties in a Florence County civil court or another jurisdiction.

Damages available include:

Economic

Economic damages are those with a specific or estimated financial value. This includes costs, losses, and likely future expenses. The bulk of these damages usually come from medical care and related costs, future treatment needs, and ongoing care expenses. Lost wages and diminished earning capacity are also available. Lastly, property damages and miscellaneous associated costs are recoverable.

Non-Economic

Non-economic damages are the intangible losses victims experience because of a crash. This includes their physical pain and suffering, mental anguish, disability and disfigurement, and other losses that do not have a financial value.

Our team knows how to assign a value to these damages and prove that value to the insurer or in court.

Wrongful Death

If your loved one passed away from their crash injuries, S.C. Ann. § 15-51-10 allows you to file a wrongful death action. We will take care of this for you. You will need to be the executor of the decedent’s estate to take this action. Beneficiaries of wrongful death damages include the victim’s spouse, children, and parents.

Our Attorneys Represent Injured Clients Based on Contingency

Hammack Law Firm works based on contingency. This means we do not charge an hourly fee or retainer. We get our attorney’s fees only after we secure compensation for you. If our team does not win your case, we will not recover these fees.

Our goals include holding the negligent parties accountable and pursuing financial compensation for our clients. This is a part of our mission to make South Carolina a safer place for everyone. We take an ardent stance against trucking companies, fuel companies, and truckers who do not take safety seriously. We fight for safety improvements in the trucking and insurance industries.

We are able to settle most cases, but our attorneys prepare them for trial just in case. We are not afraid to sue if necessary to:

  • Force more from the insurance company
  • Allow the court to determine fault and liability
  • Prove our client did not contribute to the cause of the crash

Our team gives each client time and attention, getting to know them and building a personal relationship. While we have big firm experience and resources, we provide a small-firm feel. We have glowing client reviews and customer testimonials from those we represented previously. Again and again, we hear how much our clients felt like friends and family.

Liability for Fuel Tanker Collisions and Injuries

According to the Insurance Institute for Highway Safety (IIHS), almost a quarter of all passenger vehicle occupant deaths in crashes with another vehicle in 2019 involved a large truck. When a smaller vehicle collides with a large commercial truck, the results are often deadly or life-altering.

This may be especially true when the commercial vehicle is a fuel tanker. Even minor crashes involving these trucks can cause leaks, fires, and explosions. The victims may suffer disability and disfigurement if they survive.

Some common causes of fuel tanker crashes include:

  • Distracted driving
  • Drowsy driving
  • Drunk or drugged driving
  • Speeding
  • Inexperience with liquid cargo or hazardous materials
  • Violating a traffic law
  • Rollovers caused by shifting weight of a partially full tank

The liable parties in these crashes often include both the driver and their employer. Even when the fuel company or trucking company is not liable because of poor maintenance, encouraging the driver to violate hours of service laws, or negligent hiring, they are vicariously liable under South Carolina case law.

According to Sams v. Arthur (1926), the legal doctrine of respondeat superior applies when the driver is working and causes an accident, under most circumstances. This allows us to hold their employer legally responsible, as well.

Preparing a Case and Suing the Liable Parties

When Hammack Law Firm works on a fuel tanker accident case, we always act like it will go to trial. This is unusual, but it allows us to build a stronger case and ensures we are ready if we do need to sue.

The steps to develop a case include:

  • Investigating what happened and who is responsible
  • Calling in experts as needed
  • Documenting the client’s damages
  • Identifying the liable parties and reviewing their insurance
  • Valuing the case

After we complete these steps, we demand a fair and just payout from the insurer and attempt to negotiate a claim. We almost always try to settle outside of court before suing.

If we need to sue, we generally have up to three years to do so per S.C. Ann. § 15-3-530. Missing this deadline could significantly reduce or eliminate the chances of recovering an appropriate payout.

We Provide Complimentary Consultations for Crash Victims in Florence

The truck accident team from Hammack Law Firm wants to discuss your case with you and explain your options for compensation. We offer free case reviews in Florence and greater Florence County. You can talk to our team today at no cost to you. Call (864) 326-3333(864) 326-3333 to get started.

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