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Commercial truck drivers and truck owners must comply with a series of federal and state laws governing the safe operation of commercial vehicles. Should the driver or owner be found to have violated any of these rules during a crash that caused you harm, you may be able to seek compensation. Our Spartanburg truck accident lawyers can help.
When you work with Farmer & Morris Law, PLLC, our Spartanburg personal injury lawyer team will represent you in your truck accident claim. We will begin working on your case immediately. We begin by offering all potential clients a complimentary case review, during which you can learn more about our services. We work on a contingency fee basis, so there are no upfront costs to you.
What Compensation Can a Spartanburg Truck Accident Attorney Recover?
Catastrophic injuries, such as traumatic brain injuries and spinal cord injuries, often occur whenever a semi-truck strikes a passenger car. Because each case is different, the compensation you can seek when a truck driver or owner is at fault can vary.
Our attorneys will carefully examine the full scope of your losses before seeking compensation. This process may involve:
- Adding up 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
Fair compensation in personal injury claims is meant to provide relief to injury victims for a wide variety of losses, both economic and non-economic. It may cover losses like:
- Medical bills
- Ongoing treatment expenses
- Surgery costs
- Costs for physical therapy
- Wages lost during your recovery period
- Estimated wages that you will lose in the future because you cannot work as you did before the crash, called diminished earning capacity
- Physical and mental disabilities that result from the crash
- Permanent disfigurement
- Pain and suffering
- Reduced enjoyment of life
- Loss of consortium
- Property damage
Wrongful Death Damages You Can Claim for a Fatal Truck Accident
If a truck accident resulted in a loved one’s death, compensation for their medical care, funeral and burial services, and loss of household support could be recoverable. Under S.C. Ann § 15-51-20, you may be able to hold the at-fault parties responsible for your loved one’s death and the emotional and financial strain your family experienced as a result.
Our firm represents both truck accident victims and surviving family members seeking compensation. 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, for representation in Spartanburg, you hand your legal responsibilities over to us. Doing so means that our team will handle all communications regarding the case. Our team will communicate with the insurers, liable parties, and other relevant parties involved in the case on your behalf 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 when the time comes, negotiate with insurance adjusters, issue statements on your behalf, and present the case in court if necessary. You can count on having your Spartanburg truck accident lawyer by your side, fighting for your best interests and the goal of securing a settlement, winning a court award, or achieving another favorable outcome in your case.
If you’d like to learn more about how we’ve helped injury victims in the past, check out our page of client testimonials.
Throughout the process, one of our Spartanburg truck accident lawyers will serve as your guide, providing advice and updates to help you make informed decisions when the time comes. We’ve outlined two of the most vital steps our firm handles below.
Compiling Evidence to Build a Case Against the Liable Party in a Semi-Truck Accident
Investigating the accident will help us determine who to hold liable for your damages and build a strong claim or lawsuit to support your financial recovery. One of the most crucial steps in a truck accident case is often sending a spoliation letter to the trucking company. This document demands preserving and delivering specific evidence, such as black box data, dashcam footage, and driver logs.
Depending on the needs and circumstances of your case, our team at 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
In truck accidents, more than one party may be at fault. It is essential to determine all possible liable parties to have the best chance of recovering maximum compensation.
Potentially liable parties include:
- The commercial truck driver
- Their trucking company
- Manufacturers of vehicles or parts
- Mechanics who worked on the truck
- Government entities, if road conditions played a role in the accident
In some cases, if the truck driver was the negligent party, their employer may also be held vicariously liable for an employee’s actions.
Working With Our Spartanburg Personal Injury Team
You can rest assured that our Spartanburg truck accident lawyer will work hard on your behalf, representing your interests in negotiations with the insurance company and a court trial, should your truck accident 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. To recover our attorney’s fees, we must secure compensation for you, or you owe nothing. If we are successful in your case, our firm will take a percentage of the award, which we will thoroughly discuss with you before you hire us.
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 filing deadline for a personal injury lawsuit and lose your chance at compensation. S.C. Ann § 15-3-530 generally gives you only three years to act when filing a personal injury lawsuit.
Contact our law firm today to get started on your case as soon as possible.
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. Our investigators can prove negligence and liability in your case, building a claim that proves you were not responsible for your injuries.
Below are a few common causes cited in truck accident cases:
Overloaded Vehicles and Shifting Cargo
According to the U.S. Department of Transportation (DOT), 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, this key piece of evidence could place liability on them for not carrying the proper credentials.
If the employer should have known or did know about this, the trucking company or truck owner also could be found liable for failing to verify their driver’s qualifications.
Truck Driver Error
Truck drivers can cause accidents for various reasons, including:
- Distracted or Reckless 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), every truck driver must be willing to submit to drug and alcohol 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. Finally, a parts manufacturer may have played a role if it issued faulty truck parts, which then malfunctioned and caused a collision.
Let Our Spartanburg Truck Accident Lawyers Help You Seek Compensation from the Liable Party
Count on our Spartanburg truck accident attorneys to protect your legal rights after a collision with a commercial vehicle. At Farmer & Morris Law, PLLC, 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 truck accident.
Call us today for your initial consultation. We are ready to review your case at no cost. When you’re dealing with severe injuries and stress, our legal team is here for you.
