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A Rock Hill fuel tanker accident lawyer from Hammack Law Firm represents collision victims hurt by a negligent fuel truck driver. We hold the negligent parties accountable for their carelessness and recover compensation for our clients.

If you were hurt in a York County crash with a fuel tanker, our team will review your case and legal options for compensation for free. You may be able to recover damages for your physical, emotional, and financial harm.

Proving Costs and Losses in a Rock Hill Truck Accident Case

When a tanker truck accident victim suffers injuries, they also have many expenses, financial losses, and other damages they incur as a result. Our team firmly believes victims should not have to pay for these costs since they played no role in causing them. These are the recoverable damages in a truck accident claim.

Our team documents our client’s damages, assigning them an appropriate value, and demanding a fair payout from the liable party’s insurer. These damages may include:

  • Medical care and related costs
  • Future treatment needs
  • Lost income from time missed at work
  • Diminished earning capacity for lasting injuries
  • Property damages
  • Miscellaneous expenses
  • Pain and suffering
  • Other intangible losses

Wrongful Death Damages in a Tanker Collision Case

If a fuel tanker crash causes severe enough injuries, an accident can become fatal. If this happens to someone you love, South Carolina law allows us to pursue compensation for your family.

Under S.C. Ann. § 15-51-10, the victim’s personal representative can file a wrongful death claim and recover damages for immediate family members. This includes the surviving spouse, any children, and/or the parents.

Wrongful death claims recover compensation for:

  • Medical bills and burial expenses
  • Lost income
  • Loss of services
  • Intangible losses suffered by surviving family

Our Attorneys Fight for Truck Collision Victims in York County

Hammack Law Firm offers big firm experience with a small firm feel. We treat every client like a close friend or family member, offering warm, compassionate support in addition to legal representation. Each client gets a lot of time and attention while we build their case.

Our mission is to build personal relationships with our clients while making South Carolina a safer place for everyone. Our goals include:

  • Holding negligent parties accountable for their actions
  • Seeking financial compensation for our clients

As our recent case results show, most cases do settle. However, we prepare every claim like it is going to trial. Then, we can quickly file a lawsuit if necessary to force more from the insurance company. We are not afraid to take any case to trial if that is what it takes to get justice for truck accident victims.

The steps we take in tanker collision cases include:

  • Surveying the accident scene
  • Investigating the crash cause
  • Reviewing police reports
  • Obtaining witness testimony and medical records
  • Valuing the damages
  • Protecting our clients’ rights against the insurance companies
  • Filing an insurance claim and negotiating a settlement
  • Representing our client’s best interests based on contingency

Our attorneys also take a strong stance for additional safety measures in the trucking industry. We fight for changing public safety policy in a way that will save lives and prevent injuries.

Fuel Tanker Accident Causes and Liability

According to the Insurance Institute for Highway Safety (IIHS), 22 percent of those who died in traffic accidents that involved multiple vehicles were hit by a large truck in 2019. When these trucks are fuel tankers, the risk increases for severe injuries or death. This is because the hazardous materials make fires and explosions more likely. Fuel tankers carry a range of materials, including:

  • Gasoline and other petroleum derivatives
  • Ethanol
  • Oil and tar

Because of their liquid cargo and tendency to slosh when not full, tanker trucks are at an increased risk of rolling over. The Federal Motor Carrier Safety Administration (FMCSA) also has strict hours of service regulations and other rules meant to keep safety as a priority. While the drivers of these trucks must have a commercial driver’s license (CDL) and special training, this type of crash still occurs.

Common causes of fuel tanker accidents in York County and other areas of South Carolina include:

  • Distracted driving
  • Driving under the influence
  • Fatigued driving
  • Speeding
  • Lack of experience or training
  • Violating traffic laws

Hammack Law Firm knows how to identify the liable parties in fuel tanker crash cases. In many cases, this is the careless driver and the fuel or trucking company that employs them. We hold the employer vicariously liable under the legal doctrine of respondeat superior. This is case law in South Carolina under Sams v. Arthur (1926) and confirmed in numerous other cases.

We build the claim based on the employer’s corporate liability insurance and seek a settlement for our client.

Will I Have to Sue for Compensation in My Truck Accident Case?

We usually do not have to sue to recover compensation in fuel tanker crash cases. Most truck accidents settle out of court. We negotiate a settlement based on our client’s damages, agreeing to an appropriate payout.

We only need to sue under certain circumstances, including:

  • When the insurer will not agree to a fair settlement
  • When there are disagreements about questions of fact in the case
  • When there is little time left before the statute of limitations runs out

Generally, we have up to three years to sue the liable parties under S.C. Ann. § 15-3-530. We must meet this deadline, or any timeline created by exceptions to this rule. Missing the deadline could mean losing the right to sue or take other action to secure compensation.

Speak with a Tanker Truck Accident Team Member

A member of Hammack Law Firm’s truck accident team will discuss your case with you, assessing your legal options and telling you how we will help. We will help you decide on your next steps. Call (864) 326-3333(864) 326-3333 now to speak with our team.

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