Even though big rigs and 18-wheelers are intimidating for other drivers, they must share the road with these large and powerful vehicles to reach their destination. However, it is no secret that when a large truck collides with a small automobile, there is a huge difference in size, weight, and impact. Individuals in smaller automobiles are more likely to be seriously injured or even killed.
A Walterboro truck accident lawyer with Shelly Leeke Law Firm is knowledgeable and trained in handling truck accident cases. Your Walterboro personal injury lawyer will look over your case, determine if it is viable, and provide legal advice on what we think you should do to get the best results. Contact our office to request a free consultation today and discuss your potential legal options for financial relief.
Our Walterboro Truck Accident Attorneys Handle Many Types of Truck Accidents in Walterboro
It is more common for truck drivers to survive truck accidents than it is for car drivers to survive truck accidents. More than 70% of drivers killed in truck accidents were smaller automobile drivers, according to the Federal Motor Carrier Safety Administration (FMCSA), and even with this known fact, truck accidents are unavoidable as truckers and other drivers must drive together and share the road. Our car accident law firm has seen a variety of types of truck accident cases, but the some of the most common accidents we have handled include:
- Rollover accidents
- Head-on collisions
- Dump truck accidents
- Distracted driving accidents
- T-bone accidents
- Accidents while making wide turns
- Blind spot accidents
- Sideswipe accidents
- Drunk driving accidents
- Jackknife accidents
- Rear-end collisions
- Underride accidents
- Garbage truck accidents
- Delivery truck accidents
- Lost load accidents
If your truck accident occurred in another way, you may still have the right to total repayment of your damages. Contact our legal team for a comprehensive case review. When you do, we can learn more about whether you have grounds for legal action against the at-fault party.
Common Types of Injuries that Result from Truck Accidents
Every type of truck accident is dangerous and may lead to life-altering injuries. Most of the injuries that come from truck accidents are catastrophic injuries, meaning they are sudden, unexpected, and permanent. Here are a few of the most common injuries that are a result of truck accidents:
- Broken and fractured bones
- Amputations
- Organ damage
- Internal bleeding
- Cuts and lacerations
- Bruises
- Whiplash
- Head and skull injuries
- Back and spinal cord injuries
- Concussions
- Paralysis
When you have been involved in a truck accident, you will most likely need assistance from your family and loved ones to help with your daily duties. You may never be able to fully recover or work again, which may cause financial and emotional consequences for the rest of your life. Every loss should be taken into account as we calculate the value of your claim so we can help you return to some semblance of normalcy during some of the most devastating times in your life.
Contributing Factors Causing Truck Accidents in Walterboro
While several factors contribute to truck accidents, one of the main causes is negligence. Accidents are likely to occur when someone is negligent and does not follow the law or do as they are supposed to do. The following are a few different factors that often cause truck accidents:
- Drowsiness and fatigue
- Speeding
- Heavy load
- Weather conditions
- Roadwork and construction
- Driving under the influence of drugs and alcohol
- Curvy roads
- Inability to control the truck
- Tire defects
- Steering wheel failures
- Brake defects
- Trailer hitch defects
While each of these factors plays a role in the number of truck accidents that occur annually across the United States, speeding is the top contributor to most truck accidents, according to the FMCSA’s Large Truck Crash Causation Study. Your truck accident lawyer in Walterboro will carefully review the evidence at hand to accurately establish liability. Once we do, we will have further insight into who should be named in your truck accident insurance claims and civil lawsuits.
Multiple Parties Could Share Blame for Your Walterboro Truck Accident Damages
When a truck accident occurs, one of the main curiosities is who was responsible for the accident. While our team at Shelly Leeke Law Firm knows that truck drivers are quickly blamed for any type of accident because of their size and weight, we also know this is not always the case, as there needs to be strong evidence supporting this claim. We have seen different parties responsible for truck accidents, including:
- The driver of the truck
- The owner of the tractor-trailer
- The company that leased the tractor-trailer
- The company that employs the truck driver
- The truck’s manufacturer
- Other automobile drivers
By hiring an experienced truck accident attorney in Walterboro, you can relax knowing that you are in good hands regarding the legal process. Our professional legal advocates will collect the evidence needed to prove that certain individuals or parties are liable for your accident and injuries. We may even discover that multiple parties share blame for your damages, spreading out liability and potentially increasing your chances of recovering maximum compensation for your losses.
FMCSA Violations
The FMCSA is responsible for overseeing and regulating trucking laws across the nation. Trucking companies are mandated to follow these guidelines or face liability and potential fines. When trucking companies are found to have violated these regulations, trucking companies can be sued for injury victim’s damages.
One of the most common reasons to sue trucking companies involves violations of the FMCSA hours of service regulations. According to 49 CFR 395, truck drivers must take a minimum number of hours off between shifts and can only drive for a maximum number of hours at a time. Some trucking companies will encourage or even require their truck drivers to violate these rules to further their financial goals.
Trucking companies can also be sued when they encourage cargo loaders to violate FMCSA weight limit restrictions. According to the Federal Highway Administration (FHA) Compilation of Existing State Truck Size and Weight Limit Laws, commercial trucks cannot exceed specific weight limits. Cargo loaders may be forced to overload trucks, which could ultimately lead to jackknife accidents, wide turn accidents, or even tractor-trailer rollovers.
Steer Clear of Truck Drivers Who Appear to Be Dangerous
Truck drivers (and any other driver on the roadway) can drive aggressively when frustrated by other drivers. This is very dangerous and could lead to motor vehicle accidents. Here are a few signs to look out for if you suspect a truck driver may be driving aggressively:
- Driving too closely to you or other vehicles
- Speeding
- Changing lanes and cutting you off at the last minute
- Flashing their headlights
- Honking their horns
- Truck drivers become frustrated easily with traffic
- Impatience
- Tiredness
- Other vehicles not sharing the roads
When driving on the highway or interstate for long periods, it is not uncommon to see vehicles swerving or over-correcting in their lanes, and these may be signs that the driver is falling asleep, distracted, or under the influence of drugs or alcohol. Like other vehicles, if you see a large semi-truck swerving, moving in and out of its lane, or over-correcting, you should try to keep as much distance as possible between your vehicle and theirs. Give the truck driver plenty of room, move out of their way, and call law enforcement if the situation escalates.
South Carolina’s Dram Shop Liability Laws Could Offer Additional Legal Recourse
Many truck accidents are caused by impaired driving. In fact, in 2021, there were 410 drunk driving accidents across the state, according to the South Carolina Department of Public Safety’s 2022 Annual Report. If drunk driving contributed to your accident, you may have the right to take legal action against the truck driver who hit you.
However, you may be surprised to learn that according to South Carolina dram shop liability laws, found under S.C. Code Ann. § 61-4-580, local dram shops that sell or serve alcohol to someone who is already intoxicated could also be held accountable. These types of cases can be difficult to prove. We must be able to show that the bartender, server, cashier, or other relevant party knew or suspected the trucker was intoxicated and sold or served them alcohol anyway.
You May Be Accused of Partial Blame
Do not be taken aback if the liable party throws you a curveball by blaming you for the accident. In fact, this is one of the most common ways at-fault parties attempt to avoid liability. South Carolina follows modified comparative negligence system rules according to South Carolina Code §15-38-15.
Here, contributory negligence could significantly impact the outcome of your case. There is a 50% bar threshold. If your portion of blame exceeds this limit, you could be prohibited from receiving a settlement.
If your portion of blame is less than the threshold, you can still receive a payout. There is one caveat. You should expect your settlement to reflect a partial fault deduction that correlates with your percentage of blame, so if you were 10% liable, your settlement would be reduced by 10%.
You Have the Right to Recover Maximum Compensation from Your Truck Accident
You have the right to be made whole if someone else is found liable for your truck wreck and resulting injuries under S.C. Code Ann. §15-3. There are several types of potentially recoverable damages that may be available to you. These are known as compensatory damages and can include both economic damages and non-economic damages:
Economic Damages
Economic damages are the most frequently thought of when injury victims are considering compensation for their losses. This is because economic damages are financial and can be felt almost immediately. If you are unable to earn a living or need to take time off work to heal from your injuries, your family may immediately suffer significant financial losses due to your lack of income.
Your medical expenses, out-of-pocket costs, vehicle repair estimates, and any other financially based damages can be considered as part of your truck accident claim. Many of these damages can be recovered through the liable party’s insurance provider. However, any remaining damages can be demanded through your personal injury lawsuit.
Non-Economic Damages
Non-economic damages can be a little more challenging to evaluate. This is because they are not financial in any regard. Every person’s life is affected by these losses differently.
You should be fully compensated for your physical pain and suffering, the emotional distress you cope with every day, your trouble living life as you did prior to the accident, and your difficulty maintaining close, personal, or intimate relationships. These types of damages are typically not covered by insurance. This means if you hope to be awarded maximum compensation for your losses, you may need to be prepared to go to trial.
Exemplary Damages
Exemplary damages are another way of saying punitive damages. There are many misconceptions regarding when punitive damages are paid out. You might be hoping for punitive damages to be awarded so you can maximize the amount you recover in your claim.
Unfortunately, punitive damages do not work that way. The court system will typically only issue an award of punitive damages if the defendant’s conduct meets the standard. This means the defendant must have been intentionally malicious or grossly negligent for punitive damages to apply, as described under South Carolina Code §15-32-530.
For this reason, you should never plan on punitive damages being awarded in your case. However, if, after reviewing the specific circumstances of your accident, we determine punitive damages may be appropriate, we may be able to request that they be awarded before the judge and jury. Find out more about how much your truck accident case could be worth when you connect with our legal team to discuss your damages in greater detail.
Walterboro Truck Accident FAQ
The trauma of your commercial truck accident may continue to affect your life in the hours, days, weeks, months, and even years after the collision. You, like many other truck accident victims, may find yourself online, searching for answers. We do not want you to have to spend hours upon hours sifting through without getting the answers you need.
To that end, we have created this quick FAQ below that goes over some of the most frequently asked questions our clients have reported surrounding truck accidents and personal injury claims. Take a closer look and start to regain control of your life. Do not hesitate to contact our law office for a free consultation if you have additional questions and would like further insight into your legal options for financial relief.
How Long Do I Have to File My Truck Accident Claim?
You do not have an unlimited amount of time to file your personal injury lawsuit after being involved in a truck accident. Per South Carolina Code of Laws §15-3-530, the statute of limitations will generally expire three years from the date of your accident. However, it is important to keep in mind that this is just a general rule.
There have been many situations in which the statute of limitations can be temporarily paused. This is known as “tolling” the statute of limitations. If your truck accident lawsuit is not filed before time runs out, even the most sympathetic of judges may be obligated to deny you the right to try your case in court, which is why it is so important to have an experienced and knowledgeable car accident attorney handling your claim.
What Are My Options if I Cannot Afford a Truck Accident Attorney in Walterboro?
With Shelly Leeke Law Firm, you can afford to hire a Walterboro truck accident lawyer. We, unlike many other law firms, never require our clients to put a retainer down. Not only that, but we do not ask you to cover any of the costs that may come with pursuing your claim, such as the court filing fees, costs of hiring expert witnesses, expenses associated with analyzing forensic data, and more.
We follow the South Carolina Judicial Branch Rule 1.5: Fees on contingency agreements. Attorney’s fees will be contingent upon a successful outcome. This means if we do not win, we do not earn anything in attorney’s fees, meaning there is no risk to you in taking action on your legal claim.
Should I Give the Insurance Company My Recorded Statement?
No. We never recommend giving the insurance company a recorded statement. If the insurance company contacts you and asks you to give them a statement regarding how the collision occurred, do not say anything.
Instead, give them our contact information. Any details the insurance company needs about the accident can be discussed with your legal advocate on your behalf. This way, you do not have to worry about accidentally saying something that the insurance adjuster could manipulate and use against you to reduce your settlement.
Contact Walterboro’s Top-Rated Truck Accident Law Firm for Help Today
If you have been involved in a truck accident and need legal assistance, contact Shelly Leeke Law Firm today. We are a team of professional and experienced legal advocates serving Walterboro, Charleston, and injury victims throughout South Carolina. We are always proud to assist our clients with the difficult legal process.
Do not wait to get started on your truck accident lawsuit and insurance claims. You can fill out our quick contact form and our law office will reach out to schedule your free consultation as soon as possible. Or, call our office to speak with a Walterboro truck accident attorney and take control of your claim today.
