Traffic accidents are very common in South Carolina. Truck accidents can, however, cause severe injuries and fatalities due to the size and weight of trucks. If you or your loved one is a victim of a truck accident in Anderson, South Carolina, you have the legal right to seek compensation after a truck accident. It is imperative to consult an Anderson truck accident lawyer.
Hire a truck accident attorney to negotiate with the insurance company to get you a fair settlement. Hiring a lawyer can give you more free time to focus on recovering. Your lawyer will ensure the insurance adjusters do not intimidate you to accept their low offer. Having an attorney can, in fact, give you peace of mind.
At Hernandez & Cabra in Anderson, South Carolina, our qualified car accident attorneys understand the laws pertaining to personal injury and truck accidents. We are ready to handle your truck accident case. We will protect your rights and help you secure a fair settlement. Call us today to talk to a truck accident lawyer.
Truck Accident Statistics in South Carolina
One of the main problems in South Carolina is traffic accidents, especially truck accidents. Even though truck accidents are fewer in South Carolina, they are more likely to cause severe injuries and fatalities. There were 84 fatal truck accidents in the recent year alone. And one or more person was injured in over 1,100 truck accidents.
What Should You Do After a Truck Accident?
If you get into a truck accident and you are not seriously injured, you need to stay on the accident scene. If you are not at fault, you may be eligible to seek monetary settlement for your injuries and damages. If you, however, leave the accident scene, you can lose evidence. You need the evidence to prove your injuries and damages. Following a truck accident, be sure to observe these steps:
If you still have your phone, call 911 immediately after the truck accident. It can take time for the medics to arrive at the accident scene. You can, therefore, give first aid to the injured person as you wait for the medics to arrive.
If you are not seriously injured, you can help the injured people. As mentioned above, you can give first aid to the injured person. If necessary, you can move some of the people out of the road. Once the medics arrive, they can take over. And they can check you out.
If you can talk to the truck driver, ask the driver for their contact and insurance information. You will need to get this information at the accident scene. If you have their contact information, you can just contact them when necessary. You can also give them your contact information.
Document the Scene, Speak with Witnesses
You will need evidence to prove your injuries and damages. You can use your smartphone or camera to document the accident scene. If your vehicle is damaged, take photos of the damages. Also, speak with witnesses. And ask them for their contact information.
Seek Medical Attention
If you are not seriously injured, you might not seek medical attention. It is imperative to seek medical attention. A doctor needs to examine you and your injuries and provide the necessary treatment for your injuries. In fact, you need a medical report. You will use it when seeking compensation for your injuries.
Contact an Attorney
If you are in Anderson, South Carolina, you can contact an Anderson truck accident lawyer. The attorney will help you file your claim and negotiate the settlement. If you are still on the accident scene, your lawyer will tell you what to do.
What Are the Laws Regarding Truck Accident Liability in South Carolina?
The Federal Motor Carrier Safety Administration (FMCSA) set comprehensive federal laws and regulations. These laws impose several rules on both trucking companies and truck drivers. The laws protect the rights of injured victims.
The laws, therefore, create maintenance schedules of the truck, establish rules for safe loading, dictate the training for commercial truck drivers, and set the maximum hours that the truck drivers can drive.
If the trucker and trucking companies violate these laws and cause an accident, the injured person can seek compensation in an injury lawsuit. The injured person just points to a specific violation.
How Can an Anderson Truck Accident Lawyer Help?
It is imperative to hire a truck accident attorney after a truck accident. If you get injured in a truck accident, you might not know what to do. If you, however, admit fault, the insurance company of the at-fault driver can use it to deny your seek compensation. Your lawyer ensures you do not make mistakes.
Here is how a truck accident lawyer can help you:
If you know the party responsible for the truck accident, you will still need to do investigations. In fact, the truck driver’s insurance company can send their professionals to assess the accident scene and gather evidence. They will use the evidence against you. Hire the best truck accident attorney to handle the investigations.
File a Claim
Once your attorney completes the investigations, they can use the evidence to create a strong case and file a claim. The claim highlights your injuries and other damages. The lawyer uses the facts to pursue compensation for your damages.
Once you notify the insurance company, they can decide to solve the issue out of court. They are more likely to contact you to negotiate a settlement. Do not negotiate with insurance adjusters. Your lawyer can deal with the negotiations. If the negotiations fail, your lawyer can take your case to court.
If your lawyer decides to take your case to court, your lawyer will represent you. Therefore, your lawyer will collect the evidence to make your case strong. They can use the facts and evidence to build a strong case, increasing your chances of winning your case.
What Types of Compensation Can I Receive in South Carolina?
It is important to understand the different types of compensation you can receive in South Carolina. If you are seeking compensation for the first time, you need to talk to a lawyer. You are more likely to make mistakes since it is your first time. It is better to let an attorney help you pursue compensation. There are three main types of compensation:
The amount you seek for economic damages will cover your expenses, including lost earnings, medical expenses, lost inheritance, funeral and burial expenses for the deceased person, and more.
The amount you seek for non-economic damages will cover the losses that negatively impact your life, including disfigurement, lost companionship, emotional and physical pain, and more.
The court uses punitive damages to punish the at-fault truck driver, especially if it is proven that the wrongful actions of the responsible truck driver caused the accident.
How Much is My Truck Accident Claim Worth?
It is difficult to know the exact worth of a truck accident claim since truck accident cases are complex. If you want to know the worth of your truck accident claim, talk to a truck accident lawyer. The lawyer does in-depth analysis to help you determine the value of your truck accident claim.
Is There a Deadline for Filing a Claim in South Carolina?
The deadline for filing a truck accident claim in South Carolina is three years from the date of the truck accident. If you do not file a claim within three years, you can lose your right to recover damages.
How is Fault in a Truck Accident Determined in South Carolina?
The State of South Carolina applies modified comparative negligence principles to determine the party at fault in a truck accident. Therefore, if your fault is less than 50%, you may be eligible for compensation.
Can an Anderson Truck Accident Lawyer Prove the Truck Driver Was Negligent?
Absolutely! An attorney can prove the truck was negligent. The attorney will prove the truck driver failed to meet their duty of care. So, the truck driver directly caused the truck accident since they did not meet their duty of care.
Who Can Be Held Liable?
The cause of a truck accident can vary. The following are some of the people or entities who could be held liable:
- Truck Driver – If the truck driver directly causes a truck accident, they can be held liable.
- Trucking Company – If the trucking company does not inspect, repair, and maintain their trucks, they can be held liable.
- Company Who Loaded the Truck – If the company, who loads the truck, does not secure the load properly and the load causes a truck accident, this company can be held liable.
- Vehicle or Parts Manufacturers – If the defective parts of the manufacturer directly cause a truck accident, the manufacturer can be held liable.
What Are Common Causes of Truck Accidents?
There can be lots of ways in which a truck accident may happen. A few of the more common causes are:
- Driver Fatigue – If the truck driver drives for long, they can get tired and cause a truck accident.
- Distracted Driving – If the truck driver talks on the phone, texts, eats, or even drinks while driving, they can cause a truck accident.
- Reckless Driving – If the truck driver over speeds or drives the truck recklessly, they can cause a truck accident.
- Drug Use – If the truck driver drives under the influence of drugs or alcohol, they can cause an accident since the drugs and alcohol can impair their judgment.
- Poorly Trained or Inexperienced Drivers – If the trucking company does not properly train their truck drivers, their drivers can cause accidents.
- Lack of Truck Maintenance – If the trucking company does not inspect, service, and maintain their trucks, they can cause accidents.
- Poor Road Conditions – If the truck driver must brake abruptly because of poor road conditions, they can cause accidents on the road.
Call an Anderson Truck Accident Lawyer Now
Truck accidents are deadly. If you have suffered injuries in a truck accident, you can seek compensation for your damages. It is, however, difficult to get compensation because of the complexity of truck accident claims. If you want to increase your chance of getting a fair settlement, hire an Anderson truck accident lawyer.
Hire a truck accident attorney to protect your rights. You can trust your lawyer to fight for you. In fact, you may not have to pay your lawyer upfront fees since the lawyer works on a contingency fee basis. Once the lawyer knows you have a valid claim, they will help you build a strong case.
At Hernandez & Cabra in Anderson, South Carolina, our truck accident lawyers are ready to help you with negotiations. If the negotiations are not successful, we will represent you in court. If you do not know how to file your truck accident claim, contact us for legal help. Contact us today at 864-501-4384 to know your legal options.