TRUCK ACCIDENTS ATTORNEY IN ANDERSON, SOUTH CAROLINA

Truck accidents, especially those that involve 18-wheelers and semi-trucks, are typically more devastating than other types of crashes. According to the South Carolina Department of Public Safety, over 5,000 accidents involving large trucks occur throughout the state every year. In these collisions, approximately 80 people die and about 1,100 others sustain injuries.

Anyone who has ever been involved in a truck accident knows how scary and overwhelming these collisions can be. Whether you are a truck driver or another motorist injured in an 18-wheeler or semi-truck accident, it is vital that you understand your options for compensation.

At David F. Stoddard Law Firm, our knowledgeable personal injury attorney is prepared to review your particular situation, investigate your accident, and help you pursue the compensation you deserve. We represent clients in Anderson, South Carolina, as well as Pickens, Northlake, and Liberty, among other locations.

LAWS AFFECTING TRUCK ACCIDENTS

Both federal and state laws regulate the U.S. trucking industry. Often, truck drivers and trucking companies violate safety regulations imposed by the federal government and end up causing avoidable collisions.

In particular, the Federal Motor Carrier Safety Regulations include rules regarding:

• Inspections and vehicle maintenance

• Loading and securing cargo

• Maximum cargo weight

• Licensing requirements

• Drug and alcohol testing for drivers

• Hiring, training, and background checks

• The maximum amount of time truckers are permitted to be on duty

Proving a violation of any of the federal safety regulations may establish liability against a truck driver or their employer (the trucking company) for injuries and deaths resulting from truck crashes. In addition to the federal regulations, the South Carolina Department of Transportation imposes its own regulations, including but not limited to:

1. Individuals cannot obtain a commercial driver’s license if they are below the age of 18;

2. All trucks must be equipped with an electronic logging device; and

3. Single-axle trucks traveling on non-interstate roads in South Carolina cannot exceed 20,000 pounds.

STATUTE OF LIMITATIONS IN SOUTH CAROLINA TRUCK ACCIDENT CASES

A statute of limitations – a deadline for when a civil lawsuit can be filed – depends on whether the plaintiff is suing an individual or a government entity:

• If you are suing an individual (a truck driver) or a private company (e.g., a trucking company) for your personal injury, the statute of limitations in South Carolina is three years from the date of the accident.

• If you are suing an individual or private company for the wrongful death of your loved one, the time limit is three years from the date of the death.

• When filing a lawsuit against a government entity in South Carolina, you only have two years from the date of the accident.

Who can be held liable for your truck accident in South Carolina depends on the circumstances of your case.

ASSESSING LIABILITY AFTER A TRUCK ACCIDENT

There may be one or multiple liable parties if you were involved in a semi-truck or 18-wheeler accident in Anderson or elsewhere in South Carolina:

1. The truck driver. If the driver was negligent or reckless, they might be deemed at fault for your truck accident.

2. The trucking company. Trucking companies are responsible for the vehicles and drivers they put on the road. However, holding a trucking company accountable is difficult unless your lawyer has evidence of the company’s liability.

3. The truck or parts manufacturer. If the truck or its parts malfunctioned due to a defect, the injured victim might be able to pursue a lawsuit against the manufacturer of the truck or parts.

4. The party that loaded cargo. Cargo shippers and loaders can be held accountable for truck crashes when such accidents occur due to improperly loaded cargo.

5. Maintenance personnel. Maintenance crews or the individual or entity that owns the truck can be held liable for collisions caused by inadequate maintenance of the vehicle.

6. Government entities. When truck accidents are the result of poor road conditions, the government entity responsible for the stretch of the road where the crash occurs could be held responsible.

A lawyer will investigate the crash and review all available evidence to determine how the truck accident happened and who may be held accountable for the resulting damages and losses. 

FILING A PERSONAL INJURY CLAIM

In South Carolina, you can file a personal injury claim on your behalf or on behalf of your loved one:

• If you are the victim. If you were the victim of a truck accident, you could bring a personal injury claim to seek compensation.

• If your loved one was the victim. You could pursue a personal injury claim on behalf of your loved one if they were incapacitated or file a wrongful death lawsuit if the loved one lost their life in the truck accident. Under South Carolina law, only the personal representative of the deceased’s estate can bring a wrongful death suit.