How does a truck’s “black box” or EDR help in an accident case?
An Event Data Recorder (EDR) captures critical data in the moments leading up to and during a collision. It can show the truck’s speed, whether the brakes were applied, the engine’s RPM, and other key information. This data provides an unbiased account of the truck’s operation and can be crucial evidence to prove a driver […]
What is the difference between the truck driver’s fault and the trucking company’s fault?
The driver can be at fault for direct actions like speeding, distracted driving, or driving while fatigued. The trucking company can be held responsible for systemic issues, such as hiring unqualified drivers, encouraging drivers to violate Hours of Service rules, or failing to properly maintain their vehicles. In many cases, both parties may share responsibility.
How much time do I have to file a claim in South Carolina?
The statute of limitations for filing a personal injury lawsuit in South Carolina is typically three years from the date of the accident. It is vital to contact a lawyer long before this deadline to allow enough time for a thorough investigation, evidence preservation, and case preparation.
What if the truck was equipped with blind spot detection technology?
If the truck had safety technology like side-view cameras or warning sensors, your attorney will investigate if the system was working properly. If the driver ignored a warning or the system was broken due to poor maintenance, it can be strong evidence of negligence against both the driver and the company.
How does a lawyer prove what a truck driver could or could not see?
Attorneys often work with accident reconstruction experts. These experts can use software and crash site data to simulate the accident and determine the exact lines of sight from the truck driver’s perspective, proving whether your vehicle was visible moments before the lane change or turn.
Can the trucking company be held responsible for a blind spot accident?
Yes. Under a legal principle called vicarious liability, employers are generally responsible for the negligent acts of their employees. Furthermore, the company may be directly negligent if they failed to provide adequate training on blind spot safety or if the truck’s mirrors or sensors were poorly maintained.
What should I do if the truck driver says I was in their blind spot?
Do not argue or admit fault at the scene. State only the facts to the police. The phrase “you were in my blind spot” is an attempt to shift blame. It is your lawyer’s job to show that the truck driver had a duty under laws like South Carolina Code § 56-5-1900 to see what was there […]
Are there different rules for trucks that only operate within South Carolina versus those that cross state lines?
Trucks that cross state lines (interstate commerce) are subject to the full scope of federal FMCSA regulations. Trucks that operate exclusively within South Carolina (intrastate commerce) are primarily governed by state law, but South Carolina has adopted most of the federal safety regulations as its own. Therefore, the same critical safety rules regarding driver hours, […]
What if the trucking company tries to destroy evidence like logbooks?
Federal regulations require trucking companies to preserve records like driver logs and maintenance reports for a specific period. If a company intentionally destroys this evidence after an accident, it is known as spoliation of evidence. This can lead to serious legal sanctions against the company and may even result in a court instruction to the […]
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 is generally three years from the date of the accident. A statute of limitations is a law that sets a strict time limit on your right to file a lawsuit. If you miss this deadline, you may lose your right to seek compensation forever. […]
What is a DOT number and why is it important after an accident?
The USDOT number is a unique identifier assigned by the FMCSA to registered commercial vehicles. It acts like a license plate for the trucking company. This number is crucial because it allows investigators to quickly identify the carrier responsible for the truck and look up their safety record, inspection history, and any past violations.
Can a truck driver be held personally responsible in addition to the company?
Yes, it is possible for both the truck driver and the trucking company to be held responsible. The driver can be found negligent for their direct actions, such as speeding or distracted driving. The company can be held liable for its own negligence, such as improper hiring, poor training, or pressuring the driver to violate […]