Truck drivers work under intense pressure as they attempt to deliver goods by strict deadlines. Many drivers put themselves under extreme stress, whether that means working while tired or getting distracted while driving, which puts other road users at risk. According to the Federal Motor Carrier Safety Administration (FMCSA), 87 percent of large truck accidents listed driver error as the critical reason for the collision.
If you or a loved one was in a collision with a truck in Florence, South Carolina, due to the driver’s negligence, you may qualify to file a claim or lawsuit against them or another liable party for compensation. A Florence truck driver error accident lawyer from Hammack Law Firm will serve as your legal representative should you decide to work with our legal team on your case.
Common Driver Errors in Truck Accidents Stem From Distraction or Incompetence
A law enforcement officer may assign fault to the truck driver if they commit any of the following driver errors:
- Driving while fatigued or drowsy
- Driving while under the influence of alcohol or drugs (e.g., stimulants)
- Driving while distracted (e.g., texting, eating or drinking, or looking at a GPS device)
- Neglecting to check their No-Zone areas before merging or changing lanes
- Failing to signal before merging or changing lanes
- Failing to leave enough stopping distance when braking
- Failing to pull out wide enough when making a turn
- Attempting to go under a bridge without enough clearance
- Not having enough truck driving experience to operate their vehicle correctly
Other driver errors might have contributed to your truck accident, which our team will confirm when handling your case. We will review the crash report and take other steps to retrieve information about your case.
Our team may also investigate the accident scene or review photos of its location to see if any relevant evidence may be there. For example, if your accident occurred on Sunbeam Road, there may be residential or business locations with surveillance cameras that captured the accident.
Is the Truck Driver Liable for an Accident if Their Error Caused it?
It depends. The truck driver may be at fault for the accident; however, being at fault does not equate to being liable for damages. For example, if the truck driver was an employee of a commercial goods transport agency instead of a contracted driver, then the agency would be held vicariously liable for its driver’s actions.
Our attorneys will look into the truck driver’s employment status to see if the agency they work for may be named as a liable party. Depending on whether other vehicle or environmental factors caused your accident, our team will also look into other potentially liable parties, such as:
- Maintenance companies
- The truck’s manufacturer
- A vehicle parts manufacturer
- A third-party driver who initially caused the collision
- A local municipality
We will explain what pursuing compensation from multiple liable parties may involve, then begin taking steps to file your case.
For a free legal consultation with a truck driver error accidents lawyer serving Florence, call 864-740-8653
You May Collect Several Types of Damages when Pursuing Compensation
A key step our attorneys will take is calculating your compensable damages, which can include financial, physical, or emotional losses. When presenting your case, we must submit a list of damages and their values to demand compensation, as this figure is unique to each plaintiff.
Your compensable damages may include:
- Current medical expenses
- Future medical expenses if your injuries are long-term or permanent
- Current loss of income, including any lost benefits or pension packages
- Future loss of income if your injuries affect your ability to work
- Reduced earning potential if your injuries prevent you from working in your field or regular position
- Pain and suffering, including physical and emotional pain you might experience in the future
- Losses related to sustaining a permanent injury, including disfigurement and other changes to your appearance
- Property damage costs, such as repairing your vehicle or replace it
- Overall diminished quality of life
Surviving families may also pursue compensation for a loved one who did not survive their injuries. We understand the litigation process can be stressful in general, let alone while grieving a loved one, so we will be sensitive to your concerns. We may ask about funeral arrangements costs and how losing your loved one has affected you personally to gauge what other damages we could include in your demand letter.
Florence Truck Driver Error Accident Lawyer Near Me 864-740-8653
Hammack Law Firm Provides Full-Service Treatment for Truck Accident Victims
As our client, some legal services you may expect from our Florence truck accident attorneys and legal team include:
- Identifying the liable parties in your truck accident case based on what driver error caused the collision
- Investigating your accident and retrieving any evidence we find (e.g., surveillance footage, the crash report, or witness testimony)
- Preparing legal paperwork and submitting documents within their deadlines
- Attending meetings to negotiate a potential settlement deal for you
- Handling communications from other parties, such as the defendant’s legal team or insurance representative
- Presenting your case in court if necessary
- Providing legal counsel when you have questions or concerns about the claims or litigation process, including advice on when to accept a settlement offer
One of our team members will go into more detail about our services during your free consultation before you sign on.
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South Carolina Sets a Filing Deadline for Personal Injury Cases
Determining the filing deadline for your truck accident case involves looking into the guidelines set by S.C. Ann. § 15-3-530, which is South Carolina’s statute of limitations. This statute generally dictates:
- You generally have three years from the accident date to file a personal injury lawsuit.
- If you are filing a wrongful death action, you have about three years from the date of the victim’s death.
Certain exceptions may apply to this rule, such as cases involving a municipality or a minor, which might extend or reduce the time frame a plaintiff has to file their case. When you sign on with our law firm, our legal team will confirm your case’s filing deadline and take appropriate steps to file your case on time when necessary.
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Call Hammack Law Firm to Hire a Florence Truck Accident Lawyer
If you were in a truck accident in Florence, South Carolina, that a driver error caused, you may qualify to file a personal injury claim or lawsuit and pursue compensation for your injuries. A lawyer from Hammack Law Firm will take on your case and investigate who may be held liable for your damages, then represent you throughout the litigation process.
Call (864) 326-3333 today to receive a free case review and consultation with one of our team members.