Did you suffer severe injuries or was your loved one killed in a commercial truck accident caused by driver error in South Carolina? Make sure that you seek the help of Hammack Law Firm as soon as you can. Our attorneys are here to help you hold the negligent driver accountable and recover all of the compensation that you need and deserve. We have more than two decades of experience handling truck accident cases, which makes us the right choice if you’ve been hurt due to a truck driver’s mistake or poor decisions.
The Large Truck Crash Causation Study from the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) included 120,000 large truck crashes that happened between April 2001 and December 2003 and found that drivers were the critical reason for 68,000 or 87 percent of the total number of crashes. There were 30,000 trucks involving driver decision, 22,000 involving driver recognition, 9,000 involving driver non-performance, and 7,00 involving driver performance.
Proving that a truck driver was negligent can be challenging, and the trucking company and their insurer will do all they can to avoid paying you the money you’re owed. These entities will put up a fight, so be sure to hire a lawyer to fight for you. At Hammack Law Firm, our skilled 18-wheeler truck accident lawyers know how to handle these cases, and we’re confident that we can help you get the compensation you’re entitled to. Call us at 864-326-3333 or contact us online to receive a free consultation.
Do I Need A Driver Error Lawyer?
Proving that a truck driver was responsible for your accident is not always easy, and liability is often disputed. Even when a truck driver appears to have been unquestionably at fault, make sure to hire a lawyer to represent your best interests.
Keep in mind that all insurers will be looking to protect their profits, not your health and wellbeing, and their goal will always be to pay you as little as possible. Your lawyer will make sure that you aren’t bullied or tricked into accepting less than what your claim is worth.
Why Choose Hammack Law Firm To Handle My Driver Error Case?
Hammack Law Firm is a bilingual firm that can speak English and Spanish. We have a Client Bill of Rights that provides a 30-day unconditional satisfaction guarantee.
Paul Hammack received the AV Preeminent rating from Martindale-Hubbell, denoting the highest level of professional excellence. He has been licensed in Georgia since 1999 and South Carolina since 2000. Attorney Hammack has fifteen years of experience handling truck accident litigation on the defense side, and has extensive experience helping individuals who’ve been hurt by negligent truck drivers and the companies that employ them.
He is a member of the Academy of Truck Accident Attorneys, as well as a member of the American Association for Justice (AAJ) Trucking Litigation Group. He has worked with the South Carolina Trucking Association and is a former member of the Trucking Industry Defense Association.
Types of Driver Error Cases We Handle
Truck driver error can encompass a wide variety of actions that a driver could make while behind the wheel of an 18-wheeler. Some of the most common kinds of truck driver errors can include:
- Driver distraction
- Failure to obey traffic signs and signals
- Texting and driving
- Failure to signal
- Driver fatigue
- Unsafe crossing of traffic
- Overloading vehicle
- Improper lane changes
- Improper or illegal turns
- Reckless driving
- Driving under the influence (DUI) of drugs or alcohol
- Crossing lane lines
Truck drivers can certainly be liable for damages if their actions or inaction causes someone else harm. Truck drivers rarely have the automobile insurance limits or personal wealth needed to pay the full amount that victims need and deserve, however.
Fortunately for most victims, trucking companies could still be liable for many truck accidents that are the result of their driver’s negligence. The trucking company will typically have far deeper pockets to pay for injury claims, but they will also have a much more aggressive insurance company committed to trying to evade liability.
Always seek medical care after any truck accident. Even when you do not think that you were hurt, you should still go to a hospital just as a basic precaution but also because it will be incredibly beneficial to your injury case when you are able to prove that you sought medical attention immediately after a crash.
While you are at the scene of your crash, another helpful step you can take is to try and take as many pictures as you can of everything that is involved at the scene of your accident. Also, look for other people who may have saw the accident and try to get their contact information. When you cannot take these measures yourself, then ask a friend, family member, or somebody else you to know to do these things for you.
People could suffer a wide range of possible injuries in accidents caused by negligent truck drivers, with some of the most common including:
- Broken bones and fractures
- Cuts and lacerations
- Neck injuries (including whiplash)
- Head injuries / Traumatic brain injuries
- Internal organ injuries
- Spinal cord injuries/paralysis
Driver Error Statistics
The 2017 Large Truck and Bus Crash Facts (LTBCF) from the Federal Motor Carrier Safety Administration (FMCSA) reported that there were 252 drug test results for large truck drivers in which there was at least one positive drug test result. There were 43 narcotics, 29 depressants, 131 stimulants, five hallucinogens, 86 cannabinoids, and 80 other drugs.
Driver-related factors and violations recorded for drivers of large trucks in fatal crashes in 2017 included:
- Speeding — 299 (6.5 percent)
- Distraction / Inattention — 263 (5.7 percent)
- Failure to Yield Right of Way — 208 (4.5 percent)
- Impairment (Fatigue, Alcohol, Illness, etc.) — 184 (4.0 percent)
- Careless Driving — 183 (4.0 percent)
- Vision Obscured — 167 (3.6 percent)
- Failure to Keep in Proper Lane — 136 (3.0 percent)
- Failure to Obey Traffic Sign, Traffic Control Devices, or Traffic Officers — 125 (2.7 percent)
- Following Improperly — 95 (2.1 percent)
- Overcorrecting — 77 (1.7 percent)
- Operating Vehicle in an Erratic, Reckless, Careless, or Negligent Manner — 48 (1.0 percent)
- Improper or Erratic Lane Changing — 42 (0.9 percent)
- Making Improper Turn — 33 (0.7 percent)
- Driving on Wrong Side of Road — 28 (0.6 percent)
- Starting or Backing Improperly — 25 (0.5 percent)
- Passing with Insufficient Distance or Inadequate Visibility or Failing to Yield to Overtaking Vehicle — 9 (0.2 percent)
- Aggressive Driving / Road Rage — 8 (0.2 percent)
- Unfamiliar With Roadway — 7 (0.2 percent)
- Passing Where Prohibited — 6 (0.1 percent)
- Operator Inexperience — 5 (0.1 percent)
- Failure to Observe Warnings or Instructions on Vehicle Displaying Them — 4 (0.1 percent)
Specific truck driver distractions broke down in 2017 such that 70 truck drivers were inattentive, but details were unknown, 32 drivers looked but did not see, 28 drivers were classified as distracted/inattention, and 21 drivers were distracted but details were unknown. There were another 20 drivers marked as other distraction, 20 more marked as distracted by an outside object, person, or event, and 16 driver reaching for or using a device or object brought into the vehicle.
As far as impairment-related factors in 2017, there were 76 truck drivers under the influence of alcohol, drugs, or medication, 60 who were asleep or fatigued, and 21 who were ill or blacked out. There were also 14 other impairment cases, seven emotional issues, and six physical impairments without details.
Contact a Driver Error Attorney in South Carolina
If you sustained catastrophic injuries or your loved one was killed in an 18-wheeler accident caused by driver error in South Carolina, you need to take immediate action to protect your rights. Take the first step and call the skilled truck accident lawyers of Hammack Law Firm for help.
Hammack Law Firm are committed to helping those who are hurt in our community, and our team will treat you like family. You can have us examine your case when you call (864) 326-3333 or contact us online to schedule a free consultation.