Charleston, SC Truck Accident Lawyer

Truck crashes can leave people seriously injured. It is not at all surprising for victims of truck accidents to suffer traumatic brain injuries, multiple fractures, and other nasty, sometimes permanent, injuries. In many cases, these injuries stick with victims for the rest of their lives. That is to say nothing of the potential expenses that treating these injuries will likely generate.

If you were hurt after a truck accident and need help, call us. Our legal team has handled many truck accident cases, so we know how to professionally and ardently fight for your rights in court so that you can get the financial compensation you deserve.

Get a free case evaluation from our truck accident lawyers when you call Rice, Murtha & Psoras at (803) 219-4906.

When Do I Need to File My Truck Accident Lawsuit in Charleston, SC?

When you bring a civil claim, you need to do so within a certain amount of time called the statute of limitations. Under S.C. Code Ann. § 15-3-530, plaintiffs have three years to file personal injury claims. Once that time is up, you cannot file a claim, courts will not hear your case, and you will not be able to be awarded any damages.

Three years may seem like a long time, but when you take into account the time it takes to form your claim, have our lawyers collect evidence, and do other preparations for filing, that time can run out very quickly. Moreover, the time you need to spend recovering from your injuries can also cut into the statutory period you have to file a claim. Therefore, it is important that you talk to our lawyers to get your case filed as soon as you can.

Who Can I File My Truck Accident Lawsuit Against in Charleston, SC?

When you file your claim, you have to specify the parties you intend to sue. In civil claims for truck accidents, you can only sue parties that actually caused your injuries, so filing against extraneous parties is not conducive to advancing your case. Some of the parties you may want to file your truck accident lawsuit against include:

Truck Drivers

You will almost always want to include the trucker who struck you as a defendant in your claim. Truck drivers can be negligent in all the ways that any other driver can be negligent. So, if a trucker was driving drunk, speeding, or otherwise violating a traffic law or acting unreasonably, you can hold them accountable for your injuries.

Truckers can also be negligent by ignoring specific rules that truckers must follow. For example, the Federal Motor Carrier Safety Administration (FMCSA) has specific rules about how long a trucker is allowed to drive in one sitting. If the truck driver in your crash injured you because they were behind the wheel for too long, that would make them liable for your injuries.

Other Drivers

You can also sue drivers other than truckers if they were responsible for your injuries. For example, suppose another vehicle crashes into a truck, and that truck subsequently crashes into you. In that case, you should sue both the driver who hit the truck and the truck driver to get financial compensation.

Trucking Companies

Trucking companies can also be liable for truck accidents, depending on the circumstances. A common reason these companies are liable is for negligent hiring practices. For example, if a trucking company hires drivers they know are not trained to operate heavy vehicles, the company can be liable if one of those truckers gets in an accident. Similarly, if a trucking company says it will train drivers but then does not train them adequately, it could be liable for similar reasons.

Trucking companies can also be liable through something called “respondeat superior” or “let the master answer.” Essentially, companies can be liable for the negligent actions of their employees so long as the employee in question was doing something related to their job. For example, if a trucker hits you while pulling out at a rest stop, their employer can be liable because that is related to their job. However, if that same trucker decides to go to their friend’s house instead of delivering a package and hits you on the way there, the trucking company will probably not be liable because the trucker going to their friend’s house is not related to their job.

Truck Designers and Manufactures

If an issue with the truck itself led to your accident, you can sue the designer or manufacturer of the truck for the defect they caused. A truck is “defective” when it will hurt someone when used in the way it is intended to be used. For example, if a truck has improperly installed brakes, it will not stop when the trucker wants it to, so that vehicle can be considered defective.

Who you sue for a truck defect largely depends on when the defect came up. If the defect is inherent in the vehicle’s design, you should sue the truck designer, whereas if the problem came up because of a mistake someone made, you should sue the truck manufacturer or potentially even the mechanic shop that worked on the vehicle.

Government Entities

In some circumstances, you may want to file a claim against a government entity after a truck accident. The usual reason this comes up is because a lack of road maintenance led to a truck accident. However, there are special rules for suing government entities, so you should discuss that prospect with our lawyers early on when building your claim.

Get Help from Our Charleston, SC Truck Accident Lawyers Today

Rice, Murtha & Psoras’s truck accident lawyers are here to help you when you contact our office at the number (803) 219-4906.