Did you recently endure catastrophic injuries after being struck by an overloaded commercial truck? Are you struggling to cope with the trauma of the collision? If so, the at-fault party could be ordered to compensate you for your damages in full.
However, that does not necessarily mean they will accept responsibility for their negligence unless compelled to do so in a court of law. You may need the legal support of a dedicated South Carolina overloaded truck accident lawyer with Shelly Leeke Law Firm. Request a free consultation with an experienced South Carolina truck accident lawyer today to find out how much you could win if your car is successful and who should be sued for your damages.
What Causes an Overloaded Truck Accident
Overloaded commercial truck accidents are one of the most common ways crashes involving 18-wheelers occur. When these enormous motor vehicles are improperly loaded, or the loads are not secured when a trucker makes a sharp turn, drives over the speed limit, or has to stop quickly, the cargo can come loose or move about in the trailer of the truck, ultimately causing the tractor-trailer to tip over, jackknife, or otherwise cause a collision. But who is held accountable when a commercial truck is overloaded?
Irresponsible Truck Driving
In many cases, negligent truck drivers are responsible when overloaded trucks crash. This is because truckers have an obligation to the big rig’s maintenance, safety, and operation. If the truck driver knew the trailer was overloaded, they should not have started driving the truck until the weight of the trailer was reduced or the truck was carrying less cargo.
Truck drivers may argue that they do not always know the trailers are overloaded. However, most truckers are required to perform safety and maintenance inspections before hitting the road, so they should be aware when their trailers are too full. Unfortunately, truck drivers are often pressured into driving overloaded trucks, despite reporting their concerns.
Failure to Properly Secure Loads
Cargo loaders are responsible for properly securing trailers. It is their responsibility to know the weight limits, pack the trailers carefully, and ensure cargo is safely strapped down before the truck driver leaves with the trailer. Cargo loaders are often named as liable parties in commercial truck wrecks.
However, your overloaded truck accident lawyer in South Carolina at Shelly Leeke Law Firm may also advise that you pursue legal action against the trucking company or the cargo loader’s employer. If cargo loaders are not given the equipment they need, are forced to overload trucks after being pressured by the trucking company, or are not properly vetted by trucking companies before hiring, these trucking companies should be held accountable for the victim’s damages.
Making the At-Fault Party Pay
It may not always be clear who should be sued for your damages. Your overloaded truck accident attorney in South Carolina will be responsible for carefully investigating the accident so we can bring all parties that contributed to your injuries to justice. Fortunately, there are often multiple opportunities available to overloaded truck accident survivors like you.
No matter who is found at fault, most liable parties will have insurance coverage. Filing a claim against the liable party’s insurance policy is a great way to recoup a portion of your damages, as SC is a fault state for insurance claims. Unfortunately, insurance payouts are based on policyholder coverage limits, so you may wind up with an excess of damages the insurance company is not obligated to compensate you for.
For this reason, it is important to consider moving forward with a truck accident lawsuit in South Carolina civil courts. Tort laws in SC allow injury victims to be reimbursed for every single loss, including both economic and non-economic damages. While bringing your case to trial can be intimidating, when you have an overloaded truck accident lawyer helping you navigate the claims process, you can feel empowered to take back control of your life.
You May Not Know Whether You Have Grounds for a Claim
Are you unsure whether you have the right to move forward with a commercial truck accident claim? It is important to consider how severely your life has been affected by the injuries you sustained. The elements of negligence must be present for a personal injury lawsuit to be successful and include:
- Duty of care
- Breach of duty
There is no one specific type of injury that warrants a truck accident claim. If you have a broken bone, traumatic brain injury, suffered loss of limbs, endured a severe back injury, or are dealing with minor injuries but considerable emotional distress and financial losses, you may have the right to compensation for your suffering. Meeting with an experienced overloaded truck accident attorney may be the best way to find out what your next steps should be.
Demand the Financial Compensation You Are Entitled To
Did you know you have the right to be made whole? This means you should be reimbursed for every loss associated with your overloaded truck accident and subsequent injuries. Examples of the financial and non-financial losses you may be entitled to include:
- Property damages
- Pain and suffering
- Healthcare costs
- Lost income
- Childcare expenses
- Mental anguish
- Reduced quality of life
- Loss of consortium
- Diminished earning capacity
- Disfigurement and permanent disability
- Skin scarring
- Household maintenance costs
These are only a few examples of potentially recoverable damages in South Carolina personal injury lawyer and commercial truck accident claims. Insurance policies often cover a portion of your medical bills and property damages. However, most other types of losses can only be recovered if your truck accident attorney can convince the liable party to settle outside of court or be compelled to repay you through a civil judgment at trial.
Meet with South Carolina’s Leading Overloaded Truck Accident Law Firm Today
Truck drivers, cargo loaders, and trucking companies are prohibited from overloading trucks for a reason. When they fail to adhere to federal trucking regulations and cause devastating collisions when trucks jackknife or rollover, they may be held liable for the victim’s damages. Stand up for your right to maximum financial compensation.
Get help from a highly skilled South Carolina overloaded truck accident attorney with Shelly Leeke Law Firm today. Our team is proud to offer truck accident survivors across the state an opportunity to take back control of their lives. Take advantage of this opportunity and contact our legal team by phone or through our quick contact form to schedule your free, no-obligation consultation.