South Carolina Truck Accident Lawyers

Righting Wrongs in Commercial Truck Accident Claims

The average fully loaded commercial semi-truck weighs around 80,000 pounds when fully loaded. In South Carolina, the maximum speed a loaded semi-truck can travel is 70 mph. That means an accident with one of these multi-ton missiles will almost assuredly result in life-altering injuries. What makes it even worse is dealing with the aftermath. You should be recovering from your injuries, not dealing with insurance companies and trying to find out who exactly is liable for your injuries, medical expenses, and property damage.

If you or a loved one was involved in a truck accident in South Carolina, a lawyer from our firm can help you seek the compensation you need. You should not be stuck paying unexpected bills caused by someone else’s negligence. Compensation paid by the liable party’s insurance company can help you pay your regular bills and accident-related bills. This can take a big weight off your shoulders during a stressful time. The issue is getting the insurance company to pay its fair share and getting the commercial truck company to own up.

A truck accident can upend every part of your life in an instant, leaving you in pain, unable to work, and unsure how you’re going to afford the growing stack of medical bills, car repairs, or even groceries. All while insurance companies dodge responsibility and the trucking company keeps you in the dark. At Hammack Law Firm, we understand how overwhelming this can be, and we don’t believe you should have to navigate it alone. Our compassionate legal team is here to stand beside you, help lift the weight off your shoulders, and make sure you’re treated with dignity and respect as we fight for the justice and compensation you deserve.

Hammack Law Firm has recovered millions of dollars for our clients. We fight for our clients because we are dedicated to righting wrongs. Here, we will help you understand what you should do after an accident involving commercial vehicles, your legal options, and how we will fight to make things right. If you need immediate help, call 864-766-7108 to schedule your free consultation.

What Should You Do Immediately After a Commercial Vehicle Accident?

Everyone has heard the phrase, “I feel like I got hit by a Mack truck.” That phrase exists for a reason: getting hit by a commercial truck is life-altering. You will likely feel awful for a long while after your accident, and that’s before you even start dealing with insurance companies. The steps you should follow after a truck accident will help you build a solid case. If you are ever in a commercial truck accident, you should do the following.

Stay Calm and Find Safety

After getting hit by a truck, you may think “remaining calm” is an impossible proposition. Take a moment to collect yourself and assess the situation. Your vehicle will likely be in a dangerous location as you will still likely be in active traffic with your airbags deployed.

Assess your injuries. Are you bleeding? Does your chest hurt? Your ears will likely be ringing, which can make everything else feel even more chaotic. If you feel like you or a passenger has serious injuries, call 911 immediately if you are able to do so. Tell them you need medical attention and give them a location as accurately as you can.

If you are able to exit your vehicle and relocate to a safe location, do so. If you feel unsafe leaving your vehicle or you believe your injuries will limit your ability to exit the vehicle, remain where you are until paramedics arrive.

Call the Police

If you are uninjured, you can call the non-emergency dispatch number or 911 to request a police officer to take you to your location. Answer the dispatcher’s questions to the best of your ability. Do not offer more information than they ask for. Do not accept blame for any part of the accident, even if you believe you are partially responsible. Just answer their questions as they ask and remain on the line with them until they tell you it is all right to hang up. Call the police to report your accident, even if another person says they already called.

Collect Information

If you are able to do so, start collecting important details. Collect the insurance information of all drivers involved in your accident. Also, gather their contact information as well as a first and last name. If a driver refuses to offer you this information, wait for the police officer to arrive and inform them of the refusal. Don’t argue with anyone, easier said than done when emotions are high. Again, do not accept blame for the accident. Minimize how much you communicate about the accident itself. Keep the topic on exchanging information.

Ask the commercial truck driver involved in the accident for crucial information. This can include the company they are driving for and the company’s contact information. Pay attention to the truck driver’s demeanor. Do they seem intoxicated or groggy?

Record the Accident Scene

While you wait for the police to arrive, take time to capture images and video of the accident scene. Capture clear images of any injuries you or your passengers sustained. Take photos of the damage to your vehicle and other vehicles involved in the crash, including the commercial vehicle.

Are there skid marks? Take photos of them. Take photos of broken glass. Capture images of road signs, traffic lights, and nearby construction. Do your best to get a comprehensive collection of photos and videos that paint the accident scene. This will help your commercial truck accident attorney build a case that proves the truck driver was liable for your accident.

You can even go so far as recording businesses that may have street-facing cameras that possibly caught the accident on video.

Speak with people who witnessed the accident and ask them if they would be willing to stay and give the police officer a statement about what they witnessed. If they are comfortable giving you their contact information, ask them for it.

Speak With the Officer

When the officer arrives, answer their questions as truthfully as possible without volunteering information. That means answering their questions as they are asked. Do not defend yourself. Do not accept blame for the accident. Give them your information and request a police report.

Seek Immediate Medical Attention

It is important for you to schedule an immediate visit with your doctor or go to the emergency room for an examination, even if you don’t feel injured. Severe injuries like traumatic brain injuries and spinal cord injuries can go unnoticed for weeks before they begin showing symptoms. Speaking with a medical professional immediately does two things: 1) Ensures you are healthy and safe. 2) Creates a record.

What Should You Do in the Days Following the Accident?

Now that the immediate chaos has been settled, the police have your details, and you have a medical checkup, you may be wondering what else you need to do. Unfortunately, this is where the real stress begins.

Report the Accident to Your Insurance Company

Dealing with insurance companies is a pain, mostly because their primary concern is saving as much money as possible. When you report your accident, give them the information they ask for that pertains to the damage to your vehicle. Don’t tell them who you think was liable for the accident if they ask you to give them a recorded statement over the phone, decline. If they ask you any questions that make you feel uncomfortable, decline to answer.

You may also get a phone call from the truck driver’s insurance company. They may ask invasive questions and ask you to make an official statement over the phone. Tell them you would like to speak with your attorney first.

Speak with a Truck Accident Attorney

Your claim hinges on the things you say and the attorney you hire. Hammack Law Firm has the experienced truck accident lawyer you need to get the best compensation for your truck accident claim.

You know what feels great? Saying, “You can ask my lawyer,” when the insurance companies or commercial truck companies ask you questions that are meant to shift the blame to you. We will start building your case immediately. We can take over correspondence with the trucking company and their insurance. Our goal is to help you recover from your injuries and recover compensation.

Document Everything

Documenting everything is key. Make sure those photos and videos of the accident scene are saved in a safe place. Get a file to keep important documents in, like the police report you receive. Keep track of all your medical expenses and out-of-pocket expenses. Be sure to write down when you report your accident to your insurance company and when the trucking company or their insurance company tries to call you.

Document the healing process of your injuries. Track your doctor’s treatment plan and your progress. Also, be sure to keep track of repair bills. If it has something to do with your accident, no matter how small, keep it.

How Can a Truck Accident Lawyer Help?

At Hammack Law Firm, we have seen firsthand the devastating impact that a truck accident can have. We can provide you with a lawyer to fight for fair compensation and hold the liable party accountable, making South Carolina safer for everyone.

As our Google reviews attest, our lawyers handle each case with “elegance and efficiency” because we want each client to receive a “very fair settlement.” Here is how we work:

First, we explain your options: We can walk you through the potential challenges of filing a lawsuit and what may be the best way forward in your case.
Next, we prepare your case: This involves collecting evidence like police reports and eyewitness testimony, as well as quantifying how much each of your injuries may be worth.
Finally, we present your case: Our first stop will probably be the negotiating table. It is usually quicker and easier to get a settlement than to go through a trial. However, if the insurance company does not offer an appropriate settlement, we are more than willing to represent you in the courtroom.

Throughout this process, we stay in touch with our clients frequently, ensuring they:

Know what is happening: We will let you know when there are important developments in the case.
Can make legal decisions: By reviewing the pros and cons of all available options, you can make the best possible choices for you and your family.
Have the chance to ask questions: We take all the time our clients need to ensure they understand and are comfortable with the legal process.

How much does our representation cost? You will not pay any attorney’s fees upfront. We work on a contingency agreement basis, which means that we take an agreed-upon percentage of your settlement as payment. If we do not win your case, then we do not charge you for our services.

What Leads to Commercial Truck Accidents?

You are probably understandably angry after your accident involving a commercial vehicle. You want to know how this could have happened. That’s understandable and is an important part of our job. Here are some of the more common causes of commercial vehicle accidents.

Driver fatigue: Drivers are required to follow state and federal laws that limit the amount of time they can drive without sleep. When they disobey those laws, accidents often happen.
Distracted driving: Much like passenger vehicle drivers, truck drivers are susceptible to distracted driving. Phone use, GPS devices, and in-cab distractions can all lead to accidents.
Speeding: Truck drivers exceeding safe speed limits, especially on highways or in poor weather, are dangerous.
Impaired driving: Unfortunately, these professionals violate their duty and drive while under the influence of drugs or alcohol.
Reckless driving: Aggressive drivers who tailgate, make unsafe lane changes, and fail to yield are dangerous to every other driver around them.
Improper loading and unsecured cargo: Shifting loads can make trucks unsafe, causing them to jackknife. Unsecure cargo can fly off the truck and cause damage or car accidents.
Mechanical failures: Faulty brakes, tire blowouts, and steering issues due to poor maintenance.
Inexperienced drivers: We like to imagine the people driving these massive vehicles are well-trained and experienced. Unfortunately, that is not always the case.
Weather conditions: Rain, fog, and wind are treacherous for passenger cars. Imagine pulling a few tons of cargo.
Failure to follow traffic laws: Running red lights and ignoring road restrictions can put other drivers in harm’s way.

It doesn’t matter what led up to your accident and injuries; you want to be compensated for the damages the commercial truck driver caused. A knowledgeable truck accident lawyer from Hammack Law Firm can investigate the incident for you and lay the legal groundwork for a solid truck accident claim.

What Are Common Truck Accident Injuries?

Truck accident injuries are like taking accidents with passenger vehicles and cranking them up to a thousand. In South Carolina, commercial vehicles were involved in 22 percent of fatal collisions in 2019. With these rolling beasts all over the road, you have to be extra vigilant when driving through South Carolina. But being the best driver in the world won’t save you when a negligent truck driver loses control of their truck and crashes right into you.

Common truck accident injuries often include, but are not limited to, the following.

Traumatic brain injuries (TBI): These can range from minor concussions to long-term brain damage and cognitive impairment.
Spinal cord and back injuries: This can range from herniated discs, whiplash, and chronic back pain that you will never recover from. Spinal cord injuries can lead to partial or total paralysis.
Broken or fractured bones: Chest and rib fractures are common because of the sheer force of airbag deployments. Broken arms, legs, hips, hands, and pelvises are all common injuries we have witnessed.
Internal injuries: Internal bleeding, collapsed lungs, or damaged organs.
Burns: Trucks often carry hazardous or dangerous chemicals. Burns can result from a fiery wreck or from coming in contact with these chemicals.
Soft tissue injuries include strains, sprains, and muscle damage. Although these injuries may sound less severe, they can severely limit mobility.
Emotional and psychological trauma: Truck accidents are violent. Truck accident victims may suffer from anxiety, post-traumatic stress disorder (PTSD), or depression following the accident.

Regardless of the injuries you sustain, you should not be responsible for the medical expenses that will follow. Our law firm can help you through this process, deal with the insurance companies, and fight to get you fair compensation.

What Damages Can You Seek After a Truck Accident?

Whether you file a personal injury lawsuit or a wrongful death lawsuit, you must do so within three years of the event (the accident or your loved one’s death). You can find this deadline in S.C. Ann § 15-3-530. Failing to file your clime within the statute of limitation can lead to you losing the right to seek compensation. That’s why seeking immediate legal representation is so important. Three years may seem like a long time, but we have the experience to say it goes by quicker than you would think.

What types of damages might you be eligible for? Per S.C. Ann § 15-32-210, available damages could include both economic (monetary) and non-economic (physical and psychological) damages, such as:

A temporary decrease in wages due to an inability to work
A permanent decrease in wages due to chronic injuries that keep you from working as much as before
The loss of the job you had pre-accident
The loss of the ability to do any type of work at all
Medical bills stemming from accident-related injuries and/or mental illness
Repair bills stemming from accident-related damage to your vehicle, including the cost of buying a new vehicle if yours was beyond repair
Any other costs incurred because of the accident (e.g., a babysitter or a dog walker, if you did not use such services before)
Negative changes in your public reputation
Negative changes in your relationship with your spouse
Physical and emotional suffering stemming from the accident and the resulting injuries
Decrease in quality of life due to inability to engage in enjoyable hobbies or to live independently
The loss of one or more body parts or functions, including intellectual disability

Seeking non-economic damages for accident victims involves expert testimony to help create a clear narrative of how the accident has impacted the victim.

Depending on the circumstances of your truck accident, you may be able to seek punitive damages. These damages are not meant to cover economic or non-economic losses; they are meant to punish negligent truck drivers. Unlike economic and non-economic damages, punitive damages are capped. They are also only awarded in cases involving severe injuries when the truck driver acted with reckless disregard or willful misconduct.

The damages listed above may apply in both personal injury and wrongful death cases. If you are filing a wrongful death suit, you may also qualify to receive compensation based on:

Bills stemming from laying your loved one to rest according to their final wishes
Bills stemming from settling your loved one’s estate
The loss of your loved one’s presence in your life

The problem many truck accident victims face is they may not know the full extent of their injuries or how those injuries will impact their future happiness and wellness. Trucking companies and their insurance companies are gunning for a quick, cheap settlement. While their first settlement offer may seem like a great deal, it may not take into account future problems you will face as a result of your accident.

That’s why it is so important to speak to a South Carolina truck accident lawyer as soon as you can. Hammack Law Firm has decades of experience helping our clients recover compensation after truck accidents. Because we’ve seen it all before, we can help you understand the short-term and long-term impact your truck accident will have on your life. We know how to handle these big trucking companies, and we aren’t afraid to tell their insurer to come back with a better offer. If they want to play hardball, Hammack Law Firm is not afraid of litigation.

What Evidence Will We Seek?

The first thing we do for each client is listen to what happened to them and determine if there is a viable case, all at no cost to them.

Still, as valuable as your testimony is, the liable party’s insurance company is unlikely to be swayed by your word alone. To build the strongest possible case, we will need to search for and extract evidence from:

Surveillance cameras: If a security camera caught the accident on film, we can request the footage and review it.
Eyewitnesses: We can figure out if anyone saw the accident happen and is available to write a statement or testify in court.
Expert witnesses: We can seek out individuals with relevant expertise and ask them to produce a statement to support the case.
Accident reports: Police records may contain invaluable information, such as confirmation of the liable party’s involvement in the accident.
Medical records: Records from the doctors you visited can show the accident caused your injuries and that you underwent treatment for which you require reimbursement.

Such evidence may not last forever. It could end up being:

Deleted: The owners of photos and video footage probably will not keep it forever.
Forgotten: Eyewitness recollection may become less reliable as time passes.
Unavailable: Both eyewitnesses and expert witnesses might be busy and require plenty of advance notice to provide statements.

The sooner we can start working on your case, the more likely we will be to find the evidence necessary to obtain the appropriate compensation.

How Does a Truck Accident Attorney Prove Negligence?

Proving negligence is an important part of a truck accident claim. Negligence is a legal term that refers to a failure to exercise reasonable care that results in harm to another person. Commercial truck accidents are unique because instead of negligence falling on just the driver, it can be a result of the driver, the trucking company, a maintenance provider, or even the truck manufacturer.

There are four things that must be proven to show negligence.

Duty of care: The truck driver and the trucking company owe you a legal duty to operate in a safe manner and follow the law.
Breach of duty: That duty of care was violated. This can be because the driver was speeding, distracted driving, failing to maintain their truck, or driving while tired.
Causation: You must prove that the breach directly caused your injuries. This is why it is important to speak with a medical professional promptly after your accident.
Damages: You suffered actual, verifiable harm. This can be lost wages, medical expenses, pain and suffering, and so on.

All of the information you collected from your car accident and in the days following your accident will help your truck accident attorney prove that not only was the truck accident a result of negligence, but their employer may even be responsible for your injuries and damage.

Can Your Truck Accident Claim Be Settled Outside of Court?

While you may be nervous about the headache of litigation and court hearings, you may be surprised to learn that truck companies want to avoid court even more than you do. Most truck accident claims are settled out of court for a variety of reasons.

Going to court is expensive and time-consuming. Insurance and truck companies prefer resolving claims through negotiation. Court is also not private at all, and most companies want to keep negative incidents out of public view, giving them even more incentive to avoid court. Settling out of court is far quicker than going through each stage of the legal process.

The problem isn’t that these companies want to settle out of court, it’s that they will offer insultingly low settlements in the hopes that the accident victim won’t have legal representation. A Carolina truck accident lawyer can help evaluate your case and assess all damages, from medical bills, lost wages, future medical needs, and non-economic damages. Hammack Law Firm won’t let these people trick you into accepting far less than you deserve, leaving money on the table.

When you work with an experienced truck accident lawyer, you increase your chances of settling out of court, but you also increase the amount of compensation paid to you.

If a fair deal isn’t offered, we aren’t afraid to litigate. We will guide you through the legal process, and when it’s time to stand before a judge, you can guarantee we will be right there with you, fighting for your rights.

Can Hammack Law Firm Help With a Wrongful Death Claim?

Wrongful death occurs when someone dies due to another person or entity’s negligence or intentional actions. In South Carolina, the deceased person’s executor or administrator of the estate can file a wrongful death claim. Let us handle all communication with the insurance and truck companies to protect you from insulting settlement offers.

When filing a wrongful death claim, a truck accident attorney will investigate the crash, collect evidence, identify all potentially liable parties, and build a solid case. Even though financial reimbursement will never bring your loved one back, Hammack Law Firm can make sure the responsible parties face the consequences of their negligence.

Whether negotiating a fair settlement or taking the case before a judge, we will fight for justice for your lost loved one.

Can You Give Us a Call?

A truck accident lawyer with Hammack Law Firm may be able to help you with your South Carolina case. Members of our team are standing by to review your case at no charge, and we charge no attorney’s fees until we win. We offer a free consultation where you can tell us the details of your case and ask us any questions you may have. Call 864-766-7108 to schedule your consultation today.

We put the personal back in “personal injury.”