What kind of evidence is important in a truck accident case?
Strong evidence is the key to a successful claim. This can include the official police report, photos and videos from the accident scene, witness statements, medical records, and expert testimony. In truck accident cases, specific evidence like the truck’s black box data, driver logs, and maintenance records is also critically important.
What if I was partially at fault for the truck accident?
South Carolina follows a modified comparative negligence rule. This means you can still recover damages as long as your share of the fault is not greater than the fault of the other party (or parties). Your total compensation award will be reduced by your percentage of fault. For example, if you are found to be 20% at […]
How long do I have to file a truck accident lawsuit in South Carolina?
In South Carolina, you generally have three years from the date of the accident to file a personal injury lawsuit. This time limit is known as the statute of limitations. If you miss this deadline, you will likely lose your right to sue for damages, so it’s important to act promptly.
What Can I Sue for in a Truck Accident?
Here are answers to some common questions people have after being in a collision with a large truck.
What if the truck was a government vehicle, like a mail truck or a military vehicle?
Claims involving government vehicles follow a different set of rules and have much shorter deadlines and specific procedural requirements under the South Carolina Tort Claims Act or the Federal Tort Claims Act. The process is distinct from a claim against a private company, and it is crucial to understand these specific requirements.
How long do I have to file a claim after a truck accident in South Carolina?
In South Carolina, the statute of limitations for most personal injury claims, including those from a truck accident, is generally three years from the date of the incident. A statute of limitations is a law that sets a strict time limit on your right to file a lawsuit. It is important to act promptly, as missing this […]
How do I prove the truck driver or company was at fault?
Proving fault in a truck accident requires a thorough investigation and gathering of evidence. This can include the police report, witness statements, photos and videos from the scene, the driver’s logbooks, maintenance records for the truck, and data from the truck’s electronic data recorder (or “black box”), which records information about speed, braking, and other […]
Can the trucking company be held responsible for a crash caused by its driver?
Yes, in many cases, the trucking company can be held responsible. Under a legal principle called vicarious liability, an employer is often responsible for the negligent actions of its employees while they are on the job. Additionally, a company could be directly negligent if it failed to properly train a driver, encouraged drivers to violate hours-of-service […]
What makes a truck accident claim different from a car accident claim?
Truck accident claims are generally more complex than car accident claims due to several factors. They often involve more severe injuries, multiple potentially responsible parties (the driver, the trucking company, the cargo loader, the vehicle manufacturer), and a complex web of federal and state trucking regulations that may have been violated.
Are there specific laws in South Carolina for commercial trucks?
Yes, in addition to federal FMCSA regulations, South Carolina has its own state laws governing commercial vehicles. For instance, Title 56 of the South Carolina Code of Laws outlines traffic laws, vehicle size and weight restrictions, and other rules of the road that apply to all drivers, including those of commercial trucks.
What should I do if the trucking company’s insurance adjuster calls me?
It is wise to be cautious when speaking with an insurance adjuster from the trucking company. Their job is to protect their company’s financial interests, which often means trying to settle a claim for the lowest amount possible. They may ask for a recorded statement or try to get you to say something that could […]
Can bad weather be the only cause of a truck accident?
While bad weather like heavy rain or fog can contribute to an accident, it is rarely the sole cause. Commercial drivers are trained professionals who are expected to adjust their driving for the conditions. This means slowing down, increasing following distance, or even pulling over if conditions are too dangerous. If a driver fails to […]