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Commercial truck drivers and trucking companies must follow several federal and state laws governing the trucking industry and the safe operation of commercial vehicles. If a driver or company violates these rules and injures you, you may be able to seek compensation.
Spartanburg sits between two busy interstates, I-85 and I-26, where commercial vehicle traffic is heavy, making truck collisions more likely. If you have injuries from a truck collision, a Spartanburg personal injury lawyer from Farmer & Morris Law, PLLC, can represent you in your injury claim.
With over $100 million recovered for clients, you can rely on us for competent legal counsel. Contact us today to speak to a Spartanburg truck accident lawyer about your case.
What Compensation Can a Spartanburg Truck Accident Attorney Recover?
Catastrophic injuries, such as traumatic brain injuries (TBIs) and spinal cord injuries, frequently occur whenever large commercial trucks strike a passenger car. These injuries can generate enormous medical expenses beyond those of typical auto accidents.
Compensation in personal injury claims is called “damages” and comes in two types.
Economic Damages
Economic damages are meant to compensate you for your explicit financial losses, such as the following:
- Medical bills
- Ongoing treatment expenses
- Surgery costs
- Costs for physical therapy
- Wages lost during your recovery period
- Diminished lifetime earning capacity from disability
- Property damage
Non-Economic Damages
Non-economic damages compensate you for your intangible non-monetary losses, including those listed below:
- Permanent disfigurement
- Pain and suffering
- Reduced enjoyment of life
- Loss of consortium
- Physical and mental disabilities resulting from the crash
Compensation Depends on the Specifics of Your Case
Each case is different, so the compensation you can seek after a collision can vary. Our personal injury lawyers will carefully examine the full scope of your losses before seeking compensation.
This process may involve:
- Adding up the bills you have already paid or accrued for vehicle damage and medical treatment.
- Estimating your loss of income and benefits based on previous paychecks.
- Reaching out to your employer about the accident’s effect on your performance.
- Speaking with medical professionals and rehabilitation specialists about your recovery and the potentially permanent effects of your injuries.
Wrongful Death Damages You Can Claim for a Fatal Truck Crash
If a truck collision resulted in a loved one’s death, you may be able to recover compensation through a wrongful death claim. Under South Carolina’s negligence laws, you may be able to hold the at-fault parties responsible for the financial and emotional toll, including:
- Medical bills incurred before death.
- Funeral and burial services.
- Loss of income or household support.
- Grief and emotional suffering.
- Loss of companionship.
Our firm represents both truck accident victims and surviving family members seeking financial redress. We can help you understand more about your rights and options for pursuing justice and compensation during a free consultation with one of our Spartanburg wrongful death lawyers.
How a Spartanburg Truck Accident Lawyer Can Help With Your Case
When you hire a personal injury attorney from Farmer & Morris Law, PLLC, you hand your legal responsibilities over to us. Our team will communicate with the insurers, liable parties, and other relevant parties involved in the case and ensure you understand any offers or requests they make. Our goal is to secure the fair compensation you deserve.
We will also submit documents, send demand letters, negotiate with insurance adjusters, and present the case in court if necessary. You will have one of our trial-tested attorneys by your side, fighting for your best interests.
Throughout the process, one of our team members will serve as your guide, providing advice and updates to help you make informed decisions. Below are two of the most vital steps our firm handles:
Compiling Evidence to Build a Case Against the Liable Party in a Semi-Trailer Accident
One of the largest concerns with commercial truck collisions is evidence destruction and degradation. Your attorney can often send a spoliation letter to the trucking company to demand that it preserve and deliver specific evidence, such as black box data, ECM data, dashcam footage, employment records, and driver logs.
Depending on the needs and circumstances of your case, a Spartanburg truck accident lawyer from Farmer & Morris Law, PLLC, may also:
- Interview eyewitnesses to the collision.
- Review the police report for any indication of the truck driver’s fault.
- Obtain video of the accident site.
- Hire an accident reconstruction expert.
- Gather your medical records and any relevant statements from your doctor.
We aim to build the strongest possible case on your behalf before filing it with the insurance company or heading to court so that there is no question of your right to damages.
Determining All Liable Parties in Your Case
Multiple parties can be liable for accidents involving large trucks. It is essential to determine every liable entity to identify all possible sources of compensation.
Potentially liable parties include the following:
- Truck driver
- Trucking company
- Truck manufacturer or parts manufacturer
- Mechanics who worked on the truck
- Cargo loaders who failed to secure their cargo
- Government entities, if road conditions played a role in the accident
If the truck driver was the negligent party, their employer may also be held liable through the doctrine of vicarious liability.
Working With Our Spartanburg Personal Injury Team
You can rest assured that our legal team will work hard on your behalf, representing your interests in negotiations with the insurance company and a court trial, should your case reach that point.
Moreover, you do not have to worry about affording our services. We represent all personal injury clients on a contingency basis. If we are successful in your case, our firm will take a percentage of the award. If we don’t win, you won’t have to pay an attorney’s fee.
Reaching out as soon as possible can help you make the most of our services. It will also help you avoid missing South Carolina’s statute of limitations and losing your chance at compensation. S.C. Ann § 15-3-530 generally gives you only three years to act when filing a personal injury lawsuit.
Common Causes of Truck Collisions
There are many reasons why a commercial vehicle wreck might occur, and any of them that involve truck maintenance, loading, or driver negligence may result in a claim or lawsuit against the liable party. Accidents are more common on interstate roads with high speed limits, like I-26 and I-85.
Below are a few common causes cited in big rig accident cases:
Overloaded Vehicles and Shifting Cargo
Large trucks operating in South Carolina are limited to a gross weight of 80,000 pounds when traveling on interstate highways. Loading a truck beyond the allowable weight can risk the load shifting or becoming unsecured, which can cause an accident.
The person who loaded or delegated the process of loading the truck could be liable, namely the trucking company, an employee, or the cargo owner.
Lack of Proper Licensing and Training
All truck drivers must hold a Commercial Driver’s License (CDL) to operate a truck legally in South Carolina. If a driver did not have a valid CDL at the time of an injury accident, it could place liability on them for not carrying the proper credentials.
If the employer should have known or did know about this, the commercial trucking company or truck owner also could be found liable for failing to verify driver qualifications.
Truck Driver Error
Truck drivers can cause accidents for various reasons, including:
- Distracted driving: If the truck driver was talking on a smartphone, texting, eating, or performing another task while driving, it could have distracted their focus from the road.
- Drunk driving: According to the South Carolina Department of Motor Vehicles (SCDMV) drug and alcohol testing policy, every truck driver must be willing to submit to testing to comply with CDL requirements.
- Fatigued and drowsy driving: If the driver has been on the road for too many hours, fatigue can cause them to fall asleep at the wheel and lose control of the vehicle.
Malfunctioning Equipment
Improper truck repair could lead to faulty brakes or another mechanical error, potentially resulting in a crash. In this case, a maintenance team may be responsible for failing to make the necessary repairs or replacements or performing them improperly.
A trucking company could also be liable for failure to keep up with regular maintenance. Lastly, a truck manufacturer may have played a role if it issued defective parts that malfunctioned and caused a collision.
Let Our Spartanburg Truck Accident Lawyers Help You Seek Compensation from the Liable Party
You can count on a Spartanburg truck accident lawyer from Farmer & Morris Law, PLLC, to protect your legal rights after a crash with a commercial vehicle. Our team understands that insurance companies in truck collision cases often do not treat victims fairly.
We can work to counteract the techniques insurance companies often use, helping you move toward the fairest possible settlement in your case. If necessary, we can also file a lawsuit on your behalf related to the accident.
Call us today for your initial consultation. We are ready to review your case at no cost.
