Tractor-Trailer Accidents
Salley Law Firm • June 24, 2019
Let’s face it, we’ve all thought about whipping around that slow moving tractor-trailer truck or wondered why we even need trucks when we have planes and trains. But according to the American Trucking Association, tractor-trailers move roughly 71% of the nation’s freight by weight. Further, the Department of Transportation (“DOT”) has reported that growth in online shopping is increasing the amount of truck traffic on the nation’s highways. DOT has projected that by 2040, freight volume in the U.S. will increase by 45 percent to 29 billion tons. So basically, without the trucking industry, we wouldn’t be able to have and enjoy the things that we use on a daily basis as shelves would be empty overnight causing panic everywhere.
So, tractor-trailers are here to stay for the foreseeable future. As such, it is vitally important to understand more about these 10,000-80,000 pound beasts of machines that are carrying our goods and what you should do in the event that you or a loved one is in an accident with one.
WHAT ARE THE MAIN CAUSES OF TRACTOR-TRAILER ACCIDENTS IN SOUTH CAROLINA?
Truck drivers are required to comply with a number of state and federal safety regulations such as maintaining a professional commercial driver’s licenses, checking their load frequently to ensure the load is carefully balanced and of course, operating their vehicle so as to avoid injuring other drivers and pedestrians.
But let’s face it, truck drivers are humans just like we are. And they can make just as careless of mistakes as we can when under pressure to satisfy both employer’s, as well as, customer’s demands for on-time deliveries.
In South Carolina, the leading causes of tractor-trailer accidents are a result of:
• Distracted driving;
• Unbalanced loads;
• Driver fatigue;
• Blind spots;
• Speeding;
• Jackknifing;
• Mechanical failure or defects in equipment;
• Under-riding; or
• Poor driver training
WHO CAN BE HELD RESPONSIBLE FOR AN ACCIDENT CAUSED BY AN AT-FAULT TRACTOR-TRAILER DRIVER?
There are a number of parties that can potentially be held liable for an accident involving a tractor-trailer.
Generally, a truck driver will be considered an employee of the trucking company by which he/she is employed and thus, both the driver and the company may be held liable for your injuries. However, many times companies will claim that the truck driver is an independent contractor in an effort to avoid company liability. The trucking company will often make this claim as they are usually in a better position financially and hold higher insurance policies to pay for the grave injuries that these accidents cause.
Further, while a trucking company may be held liable for the negligent actions of its employee, it may also be held liable for its own negligent actions. This is a separate claim apart from the employee’s negligent act and can come in a number of forms including:
• Negligent hiring;
• Negligent training;
• Negligent supervision;
• Negligent entrustment;
• Negligent retention; and/or
• Negligent maintenance
The purpose of these claims is to hold trucking companies responsible for what they knew or should have known about their drivers and their tractor-trailer trucks and equipment when they cause an undue risk of harm to the public at large.
While the truck driver and the trucking company are the most likely to be held responsible for a tractor-trailer wreck, the circumstances may also justify bringing suit against the company that performed maintenance on the truck, the company that owned the cargo, or the manufacturer of the truck or individual components equipped thereon.
WHAT SHOULD YOU DO IF YOU ARE INVOLVED IN AN ACCIDENT WITH A TRACTOR-TRAILER TRUCK?
First, call 911 immediately. Emergency services, including both police and EMS, will be dispatched to the scene of the accident. While you may not feel like you need to help of either initially, it is important to have yourself checked out immediately by qualified paramedics and to have the scene documented by a police report. If you are unable, have someone call for you.
Second, if you are able, get all of the driver’s information that you possibly can. This will include the driver’s name, phone number, address, driver’s license number and vehicle tag number. This will also include the make and model of the driver’s vehicle. You should then attempt to document the scene as best as you can by taking photographs of the accident scene including all of the vehicles involved and any other pertinent evidence such as tire skid marks or traffic signs around the area.
Third, if any individuals are hanging around the scene, ask them what they may have witnessed and if they saw the accident itself, get their information, names and addresses, so that statements may be taken at a later date.
Finally, get medical attention! One of the best ways to protect yourself is with evidence and an emergency room report or a report from your primary care physician is an invaluable piece of evidence to prove your damages.
ADDITIONAL MATTERS TO CONSIDER
1) Per the South Carolina Code of Laws, Section 15-3-520 provides for a three year statute of limitations on personal injury actions. This does not mean to wait until three years after your accident to contact a lawyer! Should you be in an accident, it is best to contact a personal injury lawyer immediately. A lawyer will be able to help advise you on getting your damages taken care of in the most efficient manner so that you may begin recovering.
2) The at-fault driver’s insurance carrier will attempt to speak with you very soon after the accident. DO NOT accept any settlement offer from the at-fault driver’s insurance until you have consulted with an experienced personal-injury attorney! You cannot get any additional recovery after you have settled with the insurance carrier no matter how much worse your injuries become. Injured parties only get one bite at the apple, make sure it counts!
Further, the at-fault driver’s insurance carrier will also attempt to have you give them a statement as to what happened immediately before, during, and after the accident. DO NOT make any statements, recorded or otherwise, to the insurance carrier until you have consulted with an experienced personal-injury attorney. You should take your time and reflect on the accident so that you are not pressured into misremembering details of the accident on such short notice. Further, you may still be recovering from the accident in either the hospital or at home and on painkillers. Immediately after the accident is not time for you to handle insurance negotiations on your own.
3) Even if you may have contributed to the accident, you should still consult with an experienced personal injury attorney to see if you might be able to recover part of your damages. South Carolina uses a comparative fault system. This simply means that your award of damages may be reduced by the percentage of fault that you contributed to the accident, as long as you were less than 51% responsible. Thus, if you were 25% at fault for the accident, your award will be reduced by 25%. However, if you were more than 51% responsible, you will recover nothing. The good news is that this type of fault system only matters when and if your case goes to trial. This is why it is so important to consult with and have an attorney involved so that they can negotiate a more just settlement for you.
Understanding your rights is essential to protecting yourself, your family, and your property. If you have been injured by someone else’s recklessness, it is best to consult with an attorney about the specific circumstances of your injury.
Please know that our firm works on a contingency basis in personal injury actions. This means that there are no attorney fees unless we get a recovery for you. Thus, there are no up-front or out-of-pocket costs for you. After consulting with us, if we believe that your case has potential for success, and you want us to represent you, only then will we enter into an agreement that identifies the percentage of compensation and costs our firm will retain in the event of your successful settlement.
If you would like to speak to one of our attorneys about any injury you have sustained, please do not hesitate to call us at 803-356-5000 or toll free at 1-800-321-6125.
South Carolina's motorcycle helmet rules and how they interact with injury claims are topics every rider in the Lexington area should understand before hitting the road. If you've been hurt in a crash, consulting a motorcycle accident lawyer in Lexington, SC, can help you navigate the legal issues helmet use may raise in your case. This post explains the current state law, how fault is calculated, and what insurance companies often argue after a rider is injured. What South Carolina's Helmet Law Actually Says South Carolina's Title 56 requires all motorcycle riders and passengers to wear a helmet only if they are under 21 years old. Riders 21 and older are not required by law to wear one. Riders under 21 must also wear goggles or a face shield at all times. Helmets must include a neck or chin strap and meet manufacturing standards set by the South Carolina Department of Public Safety. Not wearing a helmet when legally required can lead to misdemeanor charges, fines up to $100, and up to 30 days in jail. The legal picture changes considerably for riders 21 and over, especially when a crash leads to a personal injury claim. A motorcycle accident lawyer in Lexington, SC, can explain how these rules apply to your specific situation. Lexington County roads like US-1 and SC-6 see steady motorcycle traffic, and knowing your rights on those roads matters. Does Not Wearing a Helmet Affect a Lexington Injury Claim? Not wearing a helmet does not automatically disqualify you from recovering compensation. Even when not legally required, failing to wear a helmet can still affect injury claims, compensation negotiations, and insurance disputes after a crash. The key issue is how South Carolina handles shared fault. South Carolina uses a modified comparative negligence rule: you can recover as long as you were less than 51% at fault, with your award reduced by your share of fault. Here is how that can play out in a real case: A jury determines your total damages from the crash. The jury may assign you a percentage of fault if they believe your choices worsened your injuries. Your final award is reduced by that percentage. Insurance companies factor comparative negligence into their settlement calculations. For riders in the Lexington, SC, area, a helmet decision made before a ride can become a central issue in a claim months or years later. Working with a motorcycle accident lawyer gives you the best chance of countering these arguments effectively. How Insurance Companies Use the Helmet Argument Insurance adjusters look for ways to reduce what they pay after a crash. When an unhelmeted rider over 21 suffers a head injury, insurers argue that the rider's choice not to wear a helmet constitutes comparative fault, meaning the rider's conduct contributed to the severity of their injuries, even if it did not cause the crash itself. South Carolina has no statute squarely deciding how helmet use affects a motorcycle injury claim, so insurers may try to argue that a rider's choices added to injury severity under the comparative negligence rule. Notably, South Carolina law bars that argument for seat belts, but there is no equivalent statutory bar for motorcycle helmets. This legal gap is exactly why documentation and experienced legal help can make a significant difference in how much compensation an injured rider receives. A motorcycle accident lawyer in Lexington, SC, understands these insurer tactics and knows how to push back against them. Why Documentation Can Strengthen Your Case Strong records can counter the arguments insurers raise about helmet use and fault. Steps that may help protect your claim include seeking medical attention immediately after any crash, obtaining a full diagnosis with written records detailing the cause of each injury, preserving your helmet as physical evidence, obtaining the police report and witness statements, photographing all damage and road conditions, and keeping records of treatment costs, missed work, and other losses. Many head injuries suffered in motorcycle crashes are not helmet-preventable at typical crash speeds and angles. A qualified motorcycle accident lawyer can work with medical professionals to challenge insurer claims that your helmet choice caused or worsened your injuries. Talk to a Lexington Injury Lawyer About Your Case If you or someone close to you has been hurt in a motorcycle crash in Lexington, SC, understanding how helmet rules interact with comparative negligence law can be the difference between full and reduced compensation. The facts of your case, the nature of your injuries, and the documentation you have all shape what you may be able to recover. Salley Law Firm, P.A., serves injured riders in Lexington, SC, and surrounding areas including Cayce, West Columbia, Irmo, and throughout Lexington County. The firm has represented injured people and their families for over 25 years, with no fee without recovery in personal injury cases. Free consultations are available, along with evening and weekend appointments and home or hospital visits. Call (803) 356-5000 to discuss your case at no cost. You can also contact the firm online to request a free consultation. Find Salley Law Firm, P.A. on Google to read client reviews and get directions to the Lexington office.
Hurt by a hit-and-run or uninsured driver? A car wreck lawyer in Lexington, SC can help. Salley Law Firm, P.A. offers free consultations. Call today.
Hurt in a truck crash in Lexington, SC? A truck accident lawyer at Salley Law Firm, P.A. can identify all liable parties. Free consultation. Call today.
Learn the steps to take after a motorcycle crash and when to call a motorcycle accident lawyer in Lexington, SC. Call Salley Law Firm, P.A. at (803) 356-5000!
Know your rights before filing. A Personal Injury Lawyer at Salley Law Firm, P.A. serving Lexington, SC, offers free consultations and no fee without recovery.
Hurt in an accident? Learn how SC's 51% bar rule affects your claim. Call Salley Law Firm, our personal injury lawyer in Lexington, SC, at (803) 356-5000.
Salley Law Firm, P.A. helps Lexington, SC riders understand when a motorcycle accident lawyer can make a real difference. Free consultation, no fee unless you recover. Call (803) 356-5000.
Hurt at work in Lexington, SC? A workers compensation attorney at Salley Law Firm, P.A. explains workers' comp rules before you file. Click here.
Discover why hiring a personal injury lawyer in Lexington, SC, helps your case. Salley Law Firm, P.A. guides local clients. Click here for expert help!
Contact Salley Law Firm, P.A., your trusted car accident lawyer in Lexington, SC. Contact us today for a free consultation and protect your rights.
