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If you were hurt in a Charleston County crash caused by a negligent tow truck driver, you have rights. A Hammack Law Firm Mount Pleasant tow truck accidents lawyer will explain them and what we can do to hold the driver and their employer accountable. We often recover fair compensation for our clients in these cases.

We provide complimentary consultations for victims of commercial vehicle accidents in Mount Pleasant and greater Charleston County. This gives victims a chance to ask questions and allows us to assess the merits of their case.

Pursuing Compensation for a Mount Pleasant Tow Truck Crash

Compensation is often available in truck accident cases via an insurance claim and settlement negotiation. This is the most common way we secure a payout for our clients. Most claims do settle as a result of our demand for a just payout followed by aggressive negotiations.

If we run out of time, need to force the insurer to consider a better offer, or there are other reasons to go to trial, we will not hesitate to sue for any client. We prepare every case for trial even when we are reasonably confident it will settle out of court.

The money damages we recover via a settlement or court award compensate our client for the financial, emotional, and physical harm they sustained in the crash. This often includes:

  • Medical treatment and care
  • Related expenses
  • Future medical costs for the injuries
  • Lost wages for time missed at work
  • Diminished earning capacity if there are long-term injuries
  • Vehicle repairs or replacement
  • Pain and suffering damages
  • Other non-economic losses

Wrongful death in a Mount Pleasant tow truck collision

If a tow truck accident victim passes away from their injuries, we can no longer file a claim for them. Instead, their family will recover damages through a wrongful death action. Under S.C. Ann. § 15-51-10, the survivors will collect compensation for their financial losses, economic expenses, and intangible damages.

Our Attorneys Represent Tow Truck Accident Victims

Hammack Law Firm gives one-on-one time and attention to our clients, building a personal relationship and ensuring they feel more like friends than customers. We want them to know we remember them, know their case, and will fight for justice on their behalf. We offer a big firm experience with a small firm feel. Learn more in our results and customer testimonials.

Our mission includes the goal to make South Carolina a safer place for everyone. This is why we take a stance on behalf of truck accident victims, support changing and improving public safety policy in the trucking industry, and fight for improved safety measures.

It is also why we fight for justice for victims. Our clients count on us to:

  • Hold the liable parties accountable for their negligence
  • Seek financial compensation for the victims we represent
  • Sue the trucking companies when necessary to recover damages
  • Manage these cases based on contingency, ensuring all victims can afford legal representation

Causes and Liability in Tow Truck Accident Cases

According to the Insurance Institute for Highway Safety (IIHS), eleven percent of all traffic accident deaths occurred in crashes with large commercial vehicles in 2019. Of these, almost three-fourths involved a tractor-trailer. As many as 28 percent involved single-unit trucks, such as tow trucks.

To win compensation in a tow truck accident claim, we must prove negligence. Usually, this involves showing how the driver caused the crash. The four elements we document include:

  • The driver had a duty to follow a specific rule, often a traffic law or industry regulation
  • They failed to do so
  • This directly caused the collision
  • Our client suffered harm as a result

The common causes of tow truck accidents may include:

  • An overworked, drowsy, or fatigued driver
  • A drunk or otherwise intoxicated driver
  • Speeding, which may be under the posted speed limit but too fast for towing
  • Distracted driving
  • Lack of experience with the truck or towing
  • Poor maintenance or lacking repairs
  • Poorly or unsecured vehicle or another load

Tow truck accidents may also occur when the driver parks the truck in an unsafe place while working. This could leave other motorists in danger if they cannot safely navigate around it. Tow truck drivers are responsible for working safely, especially when responding to another traffic collision or other emergency.

Proving liability in these cases generally involves the legal doctrine of respondeat superior. Under South Carolina case law, including Sams v. Arthur (1926) and many more, this doctrine provides vicarious liability for the driver’s employer in collision cases. This is applicable when:

  • The driver causes the crash
  • They were working when the crash occurs
  • They acted within the “course and scope” of their job description

This means that the attorneys from Hammack Law Firm usually file a claim based on the towing company’s liability insurance policy and demand a fair payout. This policy is generally much larger than one an individual driver might carry.

Do I Have to Sue to Recover Damages in My Truck Accident Case?

Most cases settle without having to sue, and even fewer ever go to trial. We usually file the insurance claim and negotiate a fair and just settlement for our client with the insurer. This is how most of these cases conclude.

Occasionally, we need to sue the liable parties. This may occur if:

  • The insurer refuses to negotiate fairly
  • We need to force the insurer to offer additional compensation
  • The insurer blames our client
  • We are running out of time under C. Ann. § 15-3-530, which provides a three-year limit

Hammack Law Firm Provides Complimentary Consultations in Charleston County

Hammack Law Firm offers free case reviews for victims of tow truck accidents and other commercial vehicle collisions in Mount Pleasant. We want to ensure you understand your rights and legal options and how we will handle your case. Call (864) 326-3333(864) 326-3333 now to speak with a team member for free today.

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