Charleston Truck Accident Lawyer

We Will Fight for Just Compensation in Your Case

Accidents involving commercial trucks are pure destruction. Your average passenger vehicle weighs around 4,000 pounds, while a fully loaded semi-truck weighs 20 times more at 80,000 pounds. That means that truck accidents often result in more severe injuries and even fatalities.

As you recover from your Charleston truck accident, our lawyer’s goal is to build a case that will win in a trial and effectively secure the compensation you are entitled to receive. We know this money can help you start to put your life back together. We will:

Quantify your losses: This is the sum of your economic and non-economic damages, which may be higher than you think. According to data from the National Safety Council and the South Carolina Department of Public Safety (with 1,006 fatalities in the state at a per-death cost of $11.88 million), all traffic collisions led to an estimated $11,951,280,000 in damages in South Carolina in 2019 alone.
Gather important evidence to prove your case: We must prove the at-fault party caused an accident, and you were harmed as a result. We can use dashcam footage, police reports, and witness statements to do so. We will also file a letter of spoliation to preserve any evidence in the trucking company’s possession. This includes the truck’s maintenance records, an event data recorder, the truck driver’s work history, logbooks, and more.
File your claim or lawsuit on time: We will submit a demand letter to the liable party’s insurer, demanding payment for your damages. We will also ensure you meet all filing deadlines and other key deadlines in your case. Our team takes care of all essential paperwork and handles all communications with other parties, leaving you to focus on your recovery.

We know that after a serious truck accident, you’re likely facing one of the most difficult chapters of your life. You may be out of work, overwhelmed by medical bills, and unsure how you’ll support your family while trying to recover. It’s not just about the physical injuries—it’s about the emotional stress, the financial strain, and the uncertainty of what comes next.

That’s why our team at Hammack Law Firm is committed to more than just building strong legal cases. We’re here to support you with compassion, patience, and clear guidance every step of the way. You focus on healing; we’ll focus on getting the justice and compensation you deserve.

Are You Tired of the Insurance Companies?

Insurance companies have teams of lawyers whose sole job is to limit how much the insurer pays in claims. While they will try to minimize your compensation payout or outrightly deny a claim, we will strive to reach a fair settlement.

To do this, we will gather evidence and testimony from medical and economics experts to show you have lost a certain amount because of the accident and should, therefore, be compensated for that amount. Many people give in too easily and accept the first offer from an insurer. But an insurer’s job is to make a profit, not pay you what your case is actually worth.

We strongly discourage accepting a settlement that is too low from an insurance company. These settlement offers tend not to take your future into account. The sheer brutality of truck accidents means that life-long disabilities and even death are a very real possibility. Instead, we encourage you to go through all the formal steps of filing your evidence-based claim and arguing your case based on the insurance policies and driving laws that apply.

Insurers can also take time to review your evidence and come to a decision regarding compensation. Sometimes, they take a long time on purpose to stall negotiations, hoping to run out the clock on your claim or discourage you. Failing to gather key evidence and file on time can give the at-fault party’s insurer grounds to reject your claim or lower your compensation payout on the basis that you were not seriously injured enough to file immediately.

Furthermore, while you wait for your case to settle, you may be unable to work, which can put you behind in paying your bills. You may have other expenses that you must pay as soon as possible, such as treatment, rehabilitation, or incidental expenses related to your accident. These costs can add up. Filing early can help get things underway and potentially help you secure financial recovery sooner rather than later.

If you are ready to tell the insurance companies, “You can speak with my attorney about that,” call 864-766-7108 to schedule a free consultation with our Charleston truck accident attorneys.

Did You Know You Have a Limited Amount of Time to File a Truck Accident Claim?

If you are considering taking legal action in your truck accident case, you will want our lawyer serving Charleston to start as soon as they can. Per S.C. Ann § 15-3-530, you have three years to file a personal injury wrongful death lawsuit. If you try to file your case after the deadline expires, the court will likely dismiss your case.

First, get the medical care you need for your injuries. As soon as you begin to feel better, you can explore your legal options with an attorney from our firm. We urge that you start as early as possible because it takes time to gather evidence and build a case. If your loved one is unable to call our law office, you can call on their behalf and take advantage of our free consultation to find out what their and your legal options are.

Who is Liable for Your Truck Accident Settlement?

Commercial truck accidents are different from car accidents because of who can be found liable for the damages. In a passenger vehicle accident, the person who broke the law is usually liable, and their insurance company is typically responsible for paying the settlement.

Truck accidents may have multiple liable parties, and sometimes, the truck driver is not one of them. The following scenarios can be applicable to your commercial truck accident.

The truck driver is liable if their actions or behavior, like speeding or driving while fatigued, caused the accident.
The trucking company is at fault if they improperly loaded the cargo, which resulted in the accident.
The owner of the truck may be liable if the driver is not an owner-operator.
The truck manufacturer is liable if a known vehicle flaw led to the accident.
The manufacturer of truck parts if that part fails to work properly.
The mechanic or business who is responsible for truck maintenance.

There may even be instances where the municipality is liable for your damages if they failed to properly maintain the roads and it caused the accident.

How is a Fair Settlement Determined?

Your Charleston truck accident attorney will consider many factors when determining maximum compensation. These factors can vary widely from accident to accident, which is why we approach every case with fresh eyes and open ears.

There are two main categories of damages: punitive damages and Economic damages, which are easy to validate as they are objective damages. Non-economic damages are more difficult because they are subjective and may require a medical expert to prove. Below are some of the damages you can expect to deal with after a truck accident.

Economic Damages

Medical expenses- You will need to keep track of all your medical bills. These can include everything from an ambulance trip to the hospital to major surgeries required to address injuries.
Lost wages- The wages you lose because of missing work while recovering from your injuries.
Loss of future earning capacity- Your injury prevents you from returning to work or forces you to work part-time.
Property damage- The costs to repair or replace your vehicle and other personal property.
Funeral and burial costs- Expenses incurred by providing medical treatment before death and paying funeral costs.
Towing and rental car fees- You pay for rideshare trips, rental cars, and towing and storage of your vehicle.

Non-Economic damages

Pain and suffering- This is the most common intangible loss and covers the discomfort and pain caused by the injury.
Emotional distress- Accident victims often suffer from depression, post-traumatic stress disorder (PTSD), and anxiety.
Loss of enjoyment of life- The impact of no longer being able to do hobbies and activities due to your injuries.
Scarring and disfigurement- The mental and physical pain of these visible and often permanent changes to appearance.

Punitive Damages

Punitive damages are different from the above damages. Punitive damages are not meant to compensate the victim for their loss; instead, they are meant to punish the at-fault party for their especially reckless or intentional behavior.

Punitive damages are not commonly awarded in truck accident cases as they require a higher burden of proof and extremely negligent behavior.

South Carolina typically limits punitive damages to three times the amount of compensatory damages or $500,000, whichever is greater.

How Do You Determine Liability?

Before seeking compensation, you will have to prove liability. As mentioned earlier, multiple parties can be liable when it comes to truck accidents. In order to prove liability, the following four key elements must be proven.

Duty of care- The defendant had a legal obligation to act with reasonable care. In this case, the truck driver was responsible for ensuring the safety of the other motorists on the road.
Breach of duty- The defendant failed to meet that obligation. If the truck driver was distracted driving at the time of your accident, they breached their duty of care.
Causation- You must prove that the defendant’s breach of duty was the direct cause of your injuries. For example, your injuries would never have happened if it weren’t for the truck driver’s negligence.
Damages- You suffered measurable damages as a result of the defendant’s actions. This can be medical bills or property damage.

The court will need evidence that these four elements were violated by one or more parties involved in the truck accident. That’s why you will need the legal guidance of a knowledgeable truck accident lawyer.

Wrongful Death Claim

If you lost a close loved one in a truck accident, we wish to offer our deepest condolences. We know that money won’t bring your loved one back, and the stress of dealing with a claim may sound like too much while you grieve, but you have legal options.

If you lost someone as a result of a truck driver’s negligence, you may be able to file a wrongful death claim where you can attempt to seek compensation for the end-of-life care, funeral expenses, lost services performed by the deceased, and lost wages. Call the Hammack Law Firm for a free consultation at 864-766-7108.

What Do Our Past Clients Have to Say About Hammack Law Firm?

Hammack Law Firm offers compassionate legal services. We care about our clients and their needs. Our founder, Attorney Paul Hammack, has been helping clients with their personal injury cases in South Carolina for more than 20 years. For years, he represented some of North America’s largest insurance companies, so he understands the tactics they use to avoid compensating injured truck accident victims fairly.

Our clients have benefited from Paul and his legal team’s experience. We are not afraid to take on the big insurance companies or take them to trial to fight for the awards that compensate our clients for their injuries. The testimonials below highlight how our compassionate and empathetic team of attorneys can help you handle a truck accident case.

“This was by far the best experience I’ve ever encountered with a law firm. [They] made the process a breeze. I was thoroughly pleased with the firm that treated me like one of their own. Thank you… I appreciate you, and I’ll recommend your firm to all my family and friends.” – Gray Rogers
“I cannot express how pleased I am with Hammack Law Firm! They really do treat you like family here. Not even 8 months after my car accident, I received my settlement. Not only were all the bills taken care of, but I also had money in my pocket!” – Ms. Summer
“Mr. Paul and his team have been great to work with. They make you feel like you’re a part of the family. I can honestly say that they care about you and your well-being and getting your case settled. Thank you guys for everything that you did for me!” – Tiffany’s Sweet Treats, LLC, a corporate client

What Is a Contingency-Fee Payment Model?

Hammack Law Firm provides free case evaluations and consultations. We collect only if you win your case against the party or parties that caused your truck accident in Charleston.

We work on a contingency-fee-basis, which means we will handle your case from start to finish until you are awarded a settlement or receive a compensation payout. Your success is our success, and you can rest assured that we will work diligently to secure just compensation for you.

If you are afraid you won’t be able to afford an experienced Charleston truck accident attorney, you can rest assured knowing that from your initial consultation to your successful settlement, you have access to quality legal representation.

Call Us Today to Get Started on Your Case

Hammack Law Firm is just a call away. We will work closely with you to help you understand what you need to do as we pursue your case and strive to win compensation on your behalf.

You can reach us at 864-766-7108 for a free consultation. Do not hesitate to call us today.

We put the personal back in “personal injury.”