South Carolina Truck Accident Lawyer

South Carolina Truck Accident Attorney

Truck accidents can be very scary and traumatic events. Trucks are often much bigger than passenger cars, and their sheer size can lead to devastating crashes for all parties involved. Depending on the type of cargo the truck is transporting, there could be flammable objects that could lead to an even greater disaster in an accident. If you have been involved in a truck accident, a South Carolina truck accident lawyer could be the solution you need.

What to Do After a Truck Accident

After a traumatic accident, you may be feeling overwhelmed as you are under extremely stressful circumstances. It is important to remain calm and consider your next steps. If you were involved in a truck accident, there are a few steps that you should immediately take to ensure your safety and that you can pursue compensation at a later point. Some of these steps include, but are not limited to:

Move over to safety. If possible, immediately after the collision, you should move your vehicle to a place of safety. Move over to the shoulder, off the road, or anywhere that is away from traffic. If it is too dangerous to exit your vehicle because of traffic or any other reason, then you should wait in your vehicle until someone comes to assist you. Your personal safety should always be the top priority.

Call law enforcement. After an accident or collision, it is a good idea to call the local police department or call 911 and speak to a dispatcher. It is important to remember to stay calm when speaking on the phone with the dispatcher and to state your location. It is also very important that you explain the situation to the officer and detail what you can remember. The police report will be very crucial in your settlement case and will likely be used by the insurance adjuster for the insurance claim portion.

Seek medical treatment. It is also critically important that you seek the proper medical attention that you need. Immediately after the accident, you may not feel any pain or injuries, but once this adrenaline wears off, the pain may start to set in. You do not want to overlook any potential injuries that you may not notice at first, but they could end up being life-altering.

Also, in order to maximize your compensation from your insurance claim or your case, it is important that you have documentation for all the medical injuries and treatments that you received.

Collect evidence. If at all possible, it can be very valuable to collect relevant evidence from the scene of the accident. This can include taking photographs and videos of the scene, writing down witness statements, or exchanging contact information with others at the scene. Evidence is very useful when the police inevitably arrive at the scene and help your defense if you need one. Once the vehicles are towed away, all of the evidence of the scene is effectively gone.

Engage an accident attorney. The final item to take care of after a truck accident is to engage an accident attorney. It is safe to assume that the trucking company will have professional legal representation on its side and that it will do everything in its power to avoid or disprove its liability.

An experienced accident attorney can help ensure that the negligent party is held responsible, that you get the compensation you deserve, and that you receive a fair and equitable resolution to your case.

Determining Fault

Every vehicle accident starts with fault determination. Determining who was at fault in a South Carolina vehicle accident will ultimately determine who will pay for the damages and injuries. South Carolina is an at-fault state. The main element in determining fault is negligence. Proving negligence in the state of South Carolina includes four elements.

• Duty. Each driver on the road has a duty to act and operate with a certain standard of care.
• Breach. If a driver fails to follow their duty of acting and operating with a certain standard of care while on the road, then that is a breach of duty.
• Causation. If the driver’s breach of duty caused the accident, then the final step is to determine the damages.
• Damages. The final step in determining negligence is to determine the amount of damages caused by the driver’s breach of duty.

Common Causes of Truck Accidents

Truck accidents are often caused by a lack of care, attention, or preparation. While no one expects to be involved in a truck accident, it is always a possibility. It requires the alertness and awareness of each driver on the road to avoid accidents and collisions. Some of the most common causes of truck accidents include:

• Driving under the influence. Driving under the influence is dangerous and could lead to distracted driving. Driving while intoxicated or while under the influence can slow reaction times and cause an increased chance of being involved in a collision or accident. This includes any kind of non-prescription drugs or a blood alcohol level that is over the legal limit.
• Driving while fatigued. It is vitally important that truck drivers get the rest they need before taking on a new route. Oftentimes, drivers are paid by the miles they drive, and they are under pressure to make deliveries within certain deadlines. It is not uncommon for truck drivers to exceed their allotted hours and fail to take their necessary rest breaks. Truck drivers who drive while severely fatigued are a threat to everyone else on the road.
• Hazards on the road. Hazards on the road can include construction debris, potholes on the road, or poor weather conditions. During times of inclement weather or stretches of road construction work, it is important that all drivers stay aware and alert of what is on the road. Being aware of your surroundings can greatly decrease your likelihood of being in an accident.
• Traffic violations. It is possible for a negligent truck driver to ignore traffic safety laws such as speeding, lane merging, traffic lights, or using a blinker before changing lanes. Violating these traffic rules can increase the likelihood of collision. Often times, distracted driving can lead to traffic violations, so it is essential to stay alert and focused on the road.
• Vehicle maintenance. Large commercial trucks often have several thousand miles on them, and they require proper upkeep and maintenance. Failure to keep trucks properly maintained could lead to accidents. It is important to be aware of your car’s needs and how functionally it is running.

Most Dangerous Roads in South Carolina

The I-95. The I-95 is one of the most dangerous interstate highways in the state. In many areas, it has narrow lanes with a lot of traffic on the road. I-95 has also had a lot of construction work being done. Construction and maintenance work such as bridge pavement and road widening projects have increased along the highway. This leads to an increase in commercial trucks and trucking accidents along the route.

The US-378. This highway extends from Columbia to Myrtle Beach and has become very hazardous over the years due to its many blind, steep, and narrow curves and congested traffic. Because of the nature of this highway, these factors have caused several accidents, many of them fatal, over the recent years.

The US-17. This route passes through many of the coastal areas of South Carolina and also some of the rural areas. Along the coastal route, the road is full of long and twisting turns with many blind curves and crossroads.

During the tourist season, this road can see a huge increase in traffic. Along the rural stretches of the highway, there is a greater chance of animals crossing onto the road. This can lead to vehicles coming to a sudden halt or swerving to avoid the animals, which can also lead to serious accidents.

The SC-9. Passing through the northern parts of South Carolina, this route contains many blind turns and crossroads, which can confuse drivers and cause severe accidents. Large commercial trucks frequently take this route, and traffic is often very congested, especially during peak traffic times. Along with narrow lanes, this highway is notorious for its high accident rate.

The SC-28. This route contains many steep hills, narrow lanes, and sharp curves, forcing drivers to pay amble attention when driving. There is frequent traffic congestion along this route, with many commercial trucks passing through. This can often cause dangerous accidents for drivers, commercial or otherwise.

FAQs

Q: How Much Are Most Truck Accident Settlements?

A: Most truck accident settlements can range anywhere from $300,000 to $5,000,000. There are multiple factors that can influence the amount of the specific settlement. Each accident case is different and unique in its own way, and the attorney will evaluate it based on its specific circumstances. A case resulting from a semi-truck accident will generally have a larger settlement than a car accident, as truck accidents tend to be more severe and cause more damage.

Q: What Is the Hit-and-Run Law in South Carolina?

A: The hit and run law in South Carolina mandates that every driver who is involved in a collision or crash pull over at the scene and take the necessary steps, which can include contacting local law enforcement, helping persons who may be injured, or exchanging information with the other involved parties. Penalties for a hit and run in South Carolina can range from a misdemeanor to a felony conviction with fines up to $25,000 and up to 25 years of jail time.

Q: How Long After an Accident Can You Sue in South Carolina?

A: You can sue three years after an accident in South Carolina. Under South Carolina state law, the statute of limitations is within three years from the time of the injury. This statute of limitations applies to all personal injury cases in the state of South Carolina. This means that if you wait until after three years to pursue a case, you may not be eligible to seek compensation for your injuries. It is important to note that if the claim is against a government entity, then the limit is two years.

Q: What Is the Longest a Settlement Can Take?

A: A personal injury settlement can take several years to finalize. Each case is different and will contain unique details and circumstances specific to the case. Cases can take anywhere from a few months to several years to resolve. There are several factors that can prolong a case, such as the severity of the damages, if there was a wrongful death involved, how fatal the accident was, the time it takes to conduct a thorough investigation, or if there was a hit and run.

Q: Where Do Most Trucking Accidents Occur?

A: Most trucking accidents occur on major highways. Minor highways and freeways also account for a lot of the trucking accidents in South Carolina. These accidents can also be some of the most fatal of all vehicle accidents, and they can involve a tractor-trailer, semi-truck, or a standard pickup truck.

It is important that everyone stay aware and alert when driving on highways, especially during the hours from 6 am to 3 pm local time. This time frame accounts for almost half of trucking accidents in South Carolina.

Attorneys You Can Trust

Vehicle accidents are scary events, and they can often leave individuals involved feeling mentally, emotionally, and physically stressed. The truck driver should be held responsible for their actions in a truck accident. Anyone who is negligent while driving on the road is a serious threat to everyone else on the road. A qualified and experienced legal team can help you seek the fair and equitable compensation that you deserve.

At DeVore, Acton & Stafford, P.A., our legal team strives to assist individuals all over the state of South Carolina with the legal assistance they need to get their settlements resolved as quickly and as favorably as possible. Our attorneys work tirelessly to ensure your case gets the compassion, dedication, and assistance you deserve. Contact our office today to see how our team can be the winning solution you need.