$100,000+ Settlement in South Carolina Truck Accident Case | Hammack Law Firm

$100,000+ Settlement in South Carolina Truck Accident Case

At Hammack Law Firm, we take pride in our diligence and attention to detail when pursuing a case for our clients – like for Sherry H., who sought our help after being disappointed with the care of another lawyer.

This case illustrates how thorough investigation, aggressive negotiation, and a commitment to putting clients first can make a significant difference in the outcome of a truck accident claim. If you or a loved one has been injured in a truck accident in South Carolina, call (864) 326-3333 to speak with our experienced team.

The Accident and Background Details

Sherry suffered a T-12 vertebral fracture in a motor vehicle accident after being broad-sided by a trucker running a red light in North Carolina. After plowing through Sherry’s vehicle, the truck struck a guardrail and then burst into flames, and he barely made it out. That showed the force of the collision. Due to her injuries, however, she found herself unable to continue her work as a housekeeper – a job that she loved and had been performing for the past 20 years.

Sherry’s previous counsel neglected to perform their own scene investigation, or any investigation of the trucking company or its driver, causing them to request a settlement far below the value of her case. They rationalized that she may be found 1% negligent for failing to observe the truck barreling through the red light. North Carolina has something called “contributory negligence,” which means that if Sherry is found to be even 1% negligent, it would bar any recovery. Given all of this, the insurer offered only $56,000 to settle the claim and indicated that it had little room to negotiate.

Why Thorough Investigation Matters in Truck Accident Cases

The initial lawyer’s failure to investigate was a critical mistake. In truck accident cases, evidence can disappear quickly. Trucking companies and their insurers often begin their own investigations immediately after an accident, and critical evidence such as electronic logging device (ELD) data, black box information, and maintenance records can be lost or destroyed if not preserved promptly.

A thorough investigation in a truck accident case should include:

• Obtaining and preserving the truck’s electronic control module (ECM) or “black box” data
• Reviewing the truck driver’s logbooks and electronic logging device records
• Examining the trucking company’s maintenance and inspection records
• Checking the driver’s history of accidents, speeding tickets, and FMCSA violations
• Conducting a full scene investigation and accident reconstruction
• Interviewing eyewitnesses and obtaining surveillance footage
• Reviewing the driver’s qualifications, training, and hiring records

For a detailed overview of the most common safety regulation violations that lead to truck accidents, read our guide on FMCSA violations in South Carolina truck accidents.

How We Helped

When we took over the case, we withdrew all prior negotiations and got to work. Shortly after our involvement, we received an unsolicited offer of $75,000 as their “top offer,” or else we should file suit. After a thorough investigation, we learned that the driver had prior accidents and speeding tickets, and he likely should not have been driving the truck at the time of the collision.

We also conducted a full scene investigation and found that the driver had an unobstructed view of the intersection for approximately 1/4 mile and that he also had at least 8 seconds to react to the red light before entering the intersection. This evidence was critical in establishing the truck driver’s negligence and the weakness of any contributory negligence defense.

Common Causes of Truck Accidents in South Carolina

While every truck accident case is unique, certain causes are particularly common on South Carolina’s highways and roads:

• Driver fatigue: Truck drivers often face pressure to meet tight delivery schedules, leading to hours-of-service violations.
• Distracted driving: Cell phone use, eating, or adjusting GPS devices while operating a large commercial vehicle.
• Improper maintenance: Brake failures, tire blowouts, and other mechanical issues caused by inadequate maintenance.
• Overloaded or improperly loaded cargo: Exceeding weight limits or failing to secure cargo properly can cause rollovers and loss of control.
• Impaired driving: Alcohol or drug use by truck drivers, despite strict regulations and testing requirements.
• Aggressive driving: Speeding, tailgating, and unsafe lane changes by commercial drivers under pressure to deliver on time.

If you have been involved in a truck accident in Anderson, our Anderson truck accident practice page provides location-specific information that may be helpful to your case. For Greenville-area accidents, our Greenville truck accident practice page offers guidance tailored to that community.

The Settlement Result

Despite relatively low medical bills and difficult North Carolina law, we were able to obtain a multiple six-figure settlement on behalf of our client. We were also able to negotiate her medical liens down to a point where she netted a substantial six-figure settlement.

In the end, Sherry walked away with many times over her original “top offer.” Needless to say, she was thrilled with those results and even brought in brownies to the closing!

At Hammack Law Firm, we understand that every case is different. While we cannot guarantee specific results, our commitment to thorough investigation and aggressive advocacy is something every client can count on.

How Hammack Law Firm Builds Your Truck Accident Case

When you hire Hammack Law Firm for a truck accident case, you can expect a comprehensive approach:

1. Immediate investigation: We send preservation letters, gather evidence, and begin building your case right away.
2. Identifying all liable parties: Truck accident cases often involve multiple defendants, including the driver, the trucking company, the vehicle manufacturer, and maintenance providers.
3. Calculating full damages: We work with medical experts and economists to determine the complete cost of your injuries, including future medical care and lost earning capacity.
4. Aggressive negotiation: We do not accept lowball offers. We present a compelling case backed by evidence to demand fair compensation.
5. Trial preparation: If a fair settlement cannot be reached, we are fully prepared to take your case to trial.

What to Do After a Truck Accident in SC

If you are involved in a truck accident, taking the right steps can protect your health and your legal rights:

1. Seek medical attention immediately, even if you do not think you are seriously injured.
2. Report the accident to law enforcement and obtain a copy of the police report.
3. Take photographs of the accident scene, vehicle damage, and visible injuries.
4. Gather contact information from witnesses.
5. Do not speak to the trucking company’s insurance adjuster without legal representation.
6. Contact an experienced truck accident attorney as soon as possible.
7. Preserve any evidence you have, including dashcam footage or photographs.

Call (864) 326-3333 right now to speak with an attorney at Hammack Law Firm about your truck accident case. The sooner we get involved, the better we can protect your rights.

South Carolina-Specific Trucking Considerations

South Carolina has unique characteristics that affect truck accident cases. Major interstates like I-85, I-26, and I-95 carry significant commercial traffic through the state, and the mix of local roads with interstate highways creates numerous opportunities for serious accidents.

Additionally, South Carolina’s modified comparative negligence rule (S.C. Code Ann. § 15-38-15) allows recovery even if you were partially at fault, as long as you were less than 50 percent responsible. This is different from the contributory negligence rule that applies in North Carolina, which bars recovery if you are even 1 percent at fault.

South Carolina also has its own specific regulations regarding commercial vehicle operations, and violations of these regulations can strengthen your case. An experienced local attorney at Hammack Law Firm understands these nuances and can use them to your advantage.

Final Thoughts

At Hammack Law Firm, our goal is to always do our best to provide the highest quality counsel possible to ensure the best settlement and a happy client. While we cannot guarantee these exact results for every case, this case does stand to prove that hard work, thorough investigation, and perseverance can really pay off for our clients – and that effort is something we absolutely can guarantee.

A huge thanks to the entire team for caring for our client and bringing this home!

Paul E. Hammack

Frequently Asked Questions

How much is a truck accident settlement worth in South Carolina?

The value of a truck accident settlement depends on many factors, including the severity of injuries, medical expenses, lost wages, and the strength of the evidence. Settlements can range from tens of thousands to millions of dollars depending on the circumstances.

How long do I have to file a truck accident lawsuit in SC?

South Carolina generally allows three years from the date of the accident to file a personal injury claim. For claims against government entities, the deadline may be much shorter.

What evidence is needed to prove a truck accident case?

Important evidence includes the truck’s electronic control module (black box) data, driver logbooks, maintenance records, police reports, photographs of the scene, witness statements, and medical records documenting your injuries.

Do I need a lawyer for a truck accident claim?

Yes. Truck accident cases are significantly more complex than regular car accident cases due to the involvement of federal regulations, multiple potentially liable parties, and aggressive defense by trucking company insurers. An experienced attorney levels the playing field.

Contact Hammack Law Firm Today

If you or a loved one has been injured in a truck accident in South Carolina, do not wait. Contact Hammack Law Firm today at (864) 326-3333 for a free, no-obligation consultation. Let us put our experience to work for you.

Paul Hammack

With over 25 years of legal experience, Paul Hammack provides his clients with a level of trial expertise and strategic insight rarely found in personal injury litigation. Having spent the first eight years of his career working within major insurance defense firms across Georgia and South Carolina, Paul gained an intimate understanding of the “other side’s” playbook. This insurance industry background serves as a unique differentiator for his clients; he knows exactly how insurance carriers evaluate risk and what motivates them to pay top dollar for a claim.
In 2008, Paul founded Hammack Law Firm to move away from the “plaintiff mill” model and focus on building personal relationships with those he represents. As a seasoned litigator, he has tried dozens of first-chair cases to verdict, specializing in high-stakes litigation involving catastrophic injuries and complex truck accidents. His dual-state practice allows him to provide aggressive representation across both South Carolina and Georgia, ensuring victims of negligence receive the maximum financial compensation possible regardless of which side of the state line the accident occurred.
Paul’s commitment to excellence is reflected in his record of significant achievements, including a $10 million tractor-trailer wrongful death settlement and a $3.9 million moped-versus-truck recovery. His credentials and bar admissions in both South Carolina and Georgia underscore his deep roots in the regional legal community. Beyond the courtroom, Paul is a dedicated advocate for his local community, contributing his time and resources to organizations such as the United Way, Red Cross, and Hands On Greenville, all while working to make South Carolina a safer place for everyone.