At the Hammack Law Firm, when we’re faced with a complicated case, we work even harder to help our clients pursue the care and settlements they need—like when our client, who we’ll call Joe, came to us with severe injuries he sustained when the motorcycle he was riding struck the tire tread of a truck.
The Accident & Background Details
Joe was riding with two friends northbound on I-85 approaching Highway 14, when he changed from the shoulder lane to the middle lane and almost immediately hit a truck tread that came off a tractor-trailer. Joe lost control of his motorcycle and slid into the Jersey barrier in the median, causing both of his legs to be crushed. Even though Joe was wearing full riding gear, he suffered a road rash over the entirety of his back that had to be treated at the Augusta Burn Center. His medical bills totaled in excess of $1M.
How We Helped
Since we were unable to identify the truck the tire tread came off of, we filed an Uninsured Motorist claim against his insurer. The first battle we fought was over liability. Under South Carolina law, to recover against an unidentified driver, we must produce an affidavit from an uninterested witness that can testify to the facts of the wreck. Thankfully, a good Samaritan in a tow truck saw the entire event and stopped traffic to be sure our client was not run over. The tow truck driver witnessed the facts of the wreck, but unfortunately, he did not see the tire tread. While we were able to obtain his affidavit, we also had to track down his fellow riders that observed the tire in the roadway and also witnessed the smoke coming from a tractor-trailer and brake lights ahead. One of the witnesses was in a detention facility due to immigration status, which made it difficult to get the affidavit executed but in the end, through a thorough investigation and boots on the ground, we were able to establish liability.
The second battle was a coverage issue involving intra-policy stacking of Uninsured Motorist (“UM”) coverage. Under South Carolina law, a named insured or resident relative of the household can stack UM coverage on each vehicle in the household. Our clients had four vehicles garaged in SC, so we argued that he should be entitled to stack his UM coverage on the motorcycle involved in the collision and multiply by 4 vehicles. The insurer took the position that he should not be able to stack coverage on his four household vehicles because they were issued from his home state of Indiana, which does not allow stacking. Our clients moved to SC in 2016 but kept their residence in Indiana, where their daughter lived. The insurer knew that he and his wife moved to SC, but the agent denied knowledge. Through correspondence between the agent and our client, we were able to show that the agent and carrier had knowledge of the SC residency. We then learned of a new Court of Appeals decision, Young v USAA, that supported our argument that the policies issued in Indiana were really insuring “property, lives, or interests” in SC, and therefore, SC stacking law should apply.
The Settlement Result
Ultimately, we convinced the insurer to tender the full policy limits for the vehicles garaged in SC and we were also able to substantially lower our client’s medical liens through negotiation—allowing us to disburse a significant six-figure net recovery for our client.
Final Thoughts
At Hammack Law, our team is confident in its ability to help get our clients back on their feet after an accident through litigation and individualized attention to their claim. With the extensive knowledge of personal injury laws and the necessary experience in trial, our team of skilled South Carolina attorneys can sort out all legal matters, so you can focus on recovery.
We were thankful to be able to help our client through a very difficult time! Sometimes hard work and investigation really do pay off.
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.
