Were you injured in a truck accident? Let the Bobby Jones Law Greenville trucking accident lawyers help you get compensation.
We are lawyers representing truck accident victims in Greenville and throughout South Carolina. If you have been injured, contact us at (864) 432-1747 for a consultation about your case.
Lawyers for Truck Accidents Near Greenville
When you’re involved in a trucking accident, you may deserve financial compensation. However, the trucking company and their insurance company will not volunteer to pay. You must bring a claim. We are experienced lawyers for truck accidents near Greenville who are determined to help victims receive the compensation they deserve.
Our lawyers know the tricks that the insurance companies use to minimize claims. We know how to move your case forward efficiently and identify what to do to maximize your compensation. We are currently taking new cases in Greenville and throughout South Carolina.
Common Causes of Trucking Accidents in Greenville?
Most trucking accidents are the result of driver error or negligence. Common causes of trucking accidents are:
- Driver fatigue
- Merging when there is a car in the blind spot
- Wide turns
- Failing to observe a traffic signal
- Drunk driving/drugged driving
- Failing to secure the load before travel
- Vehicle and equipment maintenance
- Reckless driving
- Driving too fast for weather and other road conditions
- Texting while driving distracted driving
A victim may claim compensation if the accident is the fault of another party. Most truck accident claims are based on the failure to give reasonable attention and care to driving. This negligence makes the responsible party liable to pay compensation to the victims.
Who May Be Liable for a Trucking Accident?
Of course, the truck driver may be liable for causing the accident. However, a person or company may have legal liability for causing an accident even without getting behind the wheel. Parties that may be named in a trucking accident claim are:
- The truck driver – A truck driver must be careful and prudent while on the road.
- An employer – Employers are required to hire qualified drivers, train them and discipline them when necessary. When they use unqualified drivers or push drivers to continue for too many hours, a crash can be the result.
- Party responsible for the vehicle load – The load being hauled is often under the control of a third party. Improper loading can create hazards on the road. Trailer sway and falling debris are both dangerous conditions that can occur.
- Government organization that maintains the road – Engineers who design and maintain roads know that trucks will use them. A government body may be legally liable if dangerous road conditions result in a trucking accident.
- Vehicle manufacturer – Trucks are large vehicles. They are complex. A poorly designed truck or a truck with a defect in the manufacturing process can be the basis of a legal claim.
When a trucking accident occurs, it’s important to look beyond the immediate cause. For example, the truck driver may have been speeding because of the hours they are required to work. They may have been allowed to continue to work despite having accumulated multiple traffic tickets. Our lawyers can conduct a factual investigation and engage in expert accident reconstruction to determine who may have legal liability for damages.
What Is a Trucking Accident Claim?
A trucking accident claim is the formal process for a trucking accident victim to receive financial compensation. It is a type of personal injury case. The victim claims compensation for losses from another party who is at fault for the accident.
Getting what you deserve in a truck accident claim
Trucks are extremely heavy vehicles. According to J.D. Power, a semi-truck can weigh up to 25,000 pounds. By comparison, a typical SUV weighs 2,000-6,000 pounds. Since a large commercial truck can weigh 30 times as much as a passenger vehicle, those in the passenger vehicle are much more likely to die following a truck accident than the driver of the truck.
South Carolina law allows you to claim compensation for economic losses, including future damages, from a truck accident. Pain and suffering can also be claimed. The value of pain and suffering can significantly increase the amount of a claim.
Some compensation you may receive in a truck accident claim is:
- Medical expenses and care
- Rehabilitative services, physical therapy
- Lost earnings and earning capacity
- Property damage, costs of repair, and replacement
- Substitute domestic services
- Pain, suffering
- Inconvenience, mental anguish
- Physical impairment, disfigurement
- Wrongful death compensation, including burial costs
- Punitive damages (if special conditions are met)
Source: South Carolina Code of Laws § 15-32-210
Trucking companies carry comprehensive insurance policies to satisfy claims. As the victim, you must identify what you deserve for each category. Many people overlook categories of compensation and end up getting far less than they deserve. Our lawyers thoroughly evaluate your personal situation and the types of compensation available to ensure that your claim is complete.
When to Bring a Trucking Accident Claim
Victims often imagine a stressful trial in a packed courtroom when they think about bringing a trucking accident claim. However, most cases never go to trial. Most claims resolve by settlement. By building a strong case, we are in a strong position to negotiate a settlement on your behalf.
According to the Department of Transportation, as of the end of 2010, more than 11 billion tons of freight is moved every year via large semi-trucks. Truck drivers spend long hours on the road, often driving while fatigued, and, in some cases, even driving more hours than the rules allow. Since semi-trucks require considerably more stopping distance than a passenger vehicle, more reaction time is necessary to avoid a crash. In fact, the weight and stopping distance of a semi-truck—as well as the potential blind spots a truck driver faces—are issues others on the roadways must always keep in mind.
Those involved in a truck accident are far more likely to have life-altering injuries—or to be killed—than those in an accident involving only passenger vehicles, due to the sheer size and weight of the commercial truck. Additionally, trucks often carry heavy loads, some of them toxic. This means hazardous materials could potentially leak dangerous chemicals, explode, or create a fire. Large commercial trucks can also jackknife on a crowded roadway or freeway, endangering the lives of all other roadway passengers. In some cases, a truck accident is due to improperly secured cargo which can slide off the truck. The laws which govern truck accidents are fairly complex, and victims of a truck accident need strong legal representation immediately.
Who’s Responsible for a Truck Accident?
Determining who the defendant will be in your truck accident case takes particular experience; perhaps the truck driver was negligent or distracted and is responsible, perhaps a part on the truck malfunctioned or was defective, or perhaps the trucking company who employed the driver is ultimately responsible for your injuries. The trucking company may have failed to perform a thorough background check on the truck driver or may have failed to ensure the driver was properly trained. The loading company could be at fault if the cargo was not properly secured, or the truck maintenance company could be at fault if the truck was not properly maintained. The truck driver might even have been impaired at the time of the accident, or could have been driving carelessly.
Without knowledgeable representation, it can be difficult to determine who the responsible party is, and in trucking accidents, there is often more than one defendant. What is always true is that the consequences of a truck collision can be so devastating that medical treatments could take months or even years. Not only will the victim deal with the injuries from the trucking accident, but they may also be unable to return to their prior job—for a short period of time, or even forever, depending on the severity of the injuries. Brain trauma, spinal cord injuries and amputations are common injuries from a trucking accident.
All of these, as well as the more minor injuries, can lead to multiple and ongoing medical procedures, therapy, rehabilitation, and reconstructive surgeries. Trucking accidents also cause severe emotional trauma in addition to the physical injuries and without solid legal representation, victims could end up paying out of their own pocket for medical expenses, and may not be compensated for loss for present and future loss of income. In short, an accident involving a large semi-truck is almost always a life-changing experience that benefits greatly from the presence of a highly experienced Greenville personal injury attorney.
What to Do Following an Accident With a Truck
Dialing 911 and receiving medical attention are, of course, the first two tasks which must immediately be taken care of. Since truck vs. car accidents typically result in extremely serious injuries, the victims may not be able to take care of these tasks, and others may be responsible. Even in rare cases, when a victim of a truck accident believes he or she is “fine,” it is still smart to have a medical professional take a look. Following an accident, the body is often pumped so full of adrenaline that the victim is unaware of injuries, which manifest hours or days later.
Then hours, days or even weeks later when the realization strikes that chronic pain or other symptoms are the direct result of the truck accident can result in a claim being denied if no medical treatment was sought immediately following the truck accident, so it is never a good idea to skip this step. A police report is also a good piece of information to have should a claim be filed later.
If the victim is able, he or she should also obtain contact information from the truck driver as well as any bystanders who witnessed the accident. While this information could seem unnecessary at the time, it could prove invaluable later on. After receiving medical attention, making sure a police report is in the works, and obtaining witness statements, the victim of a truck accident should contact his or her insurance company and an experienced truck accident attorney.
Deadlines for Filing a Truck Accident Claim in South Carolina
In the state of South Carolina, the statute of limitations—the time allowed for filing a personal injury claim—is 3 years, beginning on the date of the accident. If the claim is not filed within this three-year period, the court will refuse to hear the case. For a wrongful death claim resulting from a truck accident, the statute of limitations is three years. Following a truck accident, it is particularly important to file your claim as quickly as possible for a variety of reasons. Commercial trucking companies, while required under the law to keep records of safety inspections and logbooks of driver’s hours, are only required to keep such records for a certain length of time, and after that time the records can be destroyed.
This means that critical evidence in a truck accident case could be lost or destroyed if an experienced truck accident attorney is not consulted. Many trucks are now equipped with a “black box” which will show how the truck was being driven at the time of the accident as well as a complete history of the truck driver’s driving habits. This could be of critical importance as the black box can tell the speed the truck driver was traveling, whether or not the brakes were applied, idle hours, fluid temperatures and maximum rpm meaning the black box information could provide a good idea of the cause of the accident. Unfortunately, unless the black box is subpoenaed, this information might not be available, and could even be destroyed prior to a settlement negotiation or trial.
How Our Trucking Accident Lawyers in Greenville Can Help
Ways our Bobbly Jones Law trucking accident lawyers represent you include:
- Investigating how the crash occurred, including accessing employee records and performing accident reconstruction
- Conducting discovery to receive documents and conduct depositions of witnesses
- Determining the court with jurisdiction
- Preparing legal documents to state your claim and comply with procedural requirements
- Understanding South Carolina laws and how to maximize your claim under the law
- Speaking to the insurance company on your behalf; negotiating your case
- Explaining what steps to take and how our legal strategy is designed to make your case a success
- Answering your questions and working together to build a claim
- Going to court with you; speaking as your representative at hearings
- Mediation and non-trial resolution efforts; advising you about whether to accept a settlement
- Trial and appeals as necessary
When we represent you, we’re prepared to march into court and aggressively represent your interests. However, a lot of what we do takes place behind the scenes. We’re busy at work building your claim. When we represent you, you don’t have to worry about talking to the insurance company. We’re a team of trained professionals ready to represent you until you have justice.
The Benefits of Hiring a Greenville, South Carolina Truck Accident Attorney
The aftermath of a trucking accident is not something anyone should attempt to handle on their own. This is a time when you should be looking to your future and dealing with the injuries, pain and emotional trauma which resulted from your trucking accident. Having a trusted legal representative in your corner who will advocate tirelessly and aggressively on your behalf can make all the difference in the final outcome of your truck accident. Contact Bobby today.
Best Trucking Accident Lawyers Near Greenville
When you’re looking for the best trucking accident lawyers near Greenville, we invite you to contact us for a consultation about your case. Please get to know our dedicated legal practice and see how we’ve recovered more than $40 million in compensation for our clients, including single verdicts in excess of $1 million.
Robert “Bobby” Jones works tirelessly to be a trusted advocate for truck accident victims in Greenville and throughout South Carolina. He is admitted in the State of South Carolina and the U.S. District Court for South Carolina. Practicing law in South Carolina since 2010, Bobby Jones has achieved numerous accolades, including:
- Rated by Super Lawyers
- Million Dollar Advocates Forum – Members
- Best Personal Injury Lawyers in Greenville – Expertise.com
- South Carolina Leadership in Law
- Top 100 Trial Lawyers – The National Trial Lawyers
Bobby Jones Law has membership in the American Bar Association and the Greenville County Bar Association. We aim to provide professional, customized, and efficient service for each client.
Free Consultation – Taking New Claims
We are taking new claims. If you have been injured in a trucking accident, you have a limited amount of time to bring your claim. We can get started today.
Your case begins with a free consultation with our lawyers. Come get to know us. Learn about your case. See what’s involved in a claim and what you may receive in compensation.
Call us at (864) 432-1747 or message us through our website. Let our trucking accident lawyers fight for justice for you. We look forward to working with you.