Greenville, SC Truck Accident Lawyer

Truck accidents are more common than people think, with many resulting in serious damages. If you were the victim of a truck accident and are facing mounting bills and losses, our team can help you get coverage for your damages in a lawsuit.

Our firm is familiar with the complexities of these cases and can use our knowledge and experience to help you. Evidence is crucial in any case but is vital in a truck accident claim. Fortunately, our attorneys will have several parties and areas to discover evidence. In most cases, we will sue the trucker and trucking company when we file your claim. During litigation, we can demand evidence in their possession that can prove their negligence. We will also assess others who might have acted negligently. If another driver, or several, contributed to your injuries, we will make sure they are named in your lawsuit.

For your free case review with our truck accident attorneys, call Rice, Murtha & Psoras at (803) 219-4906.

How to Prove a Truck Accident Lawsuit in Greenville, SC

If you have been injured in a truck accident, you will need evidence to recover compensation. Numerous elements and damages must be proved. Your medical evidence will help prove that you were injured and calculate the damages. Other evidence will be used to prove the truck driver’s liability. Our truck accident lawyers know how to get this information and can use it to prove your claim. The following are common types of evidence we can help you obtain in Greenville:

Accident Reports

Our team typically starts by reviewing accident reports. After your truck accident, the police should investigate the crash and make a report. The report will usually include several important details, including the drivers involved, insurance information, and interviewed witnesses. The investigating officers will also include their observations regarding the scene and the other driver. Our team can help you get a copy of the police report and use it to get an overview of the accident.

In many cases, the trucking company involved also made a report. Trucking companies need to determine why their trucks crashed to prevent it in the future and have a record for potential litigation. A trucking company report would be quite relevant to determining liability in your case, so you are likely entitled to it in a lawsuit. We will request these documents and others during the discovery phase of your claim.

Medical Documentation

Your medical records will play a vital role in your claim. Without medical documentation of your injuries and treatment, you will not be able to legally prove that you suffered damages. Thus, you should go to the emergency room immediately after your accident. Waiting even a few days can give the insurance company what they need to lower your compensation or deny your claim. Be sure to go to every appointment thereafter, as the defense will comb through your records, looking for a way to undermine your claims.

If you already have medical records, that is great. However, we do not expect clients to walk in with them the first time we meet. Our job is to get your evidence and prepare it for your lawsuit. Therefore, we will contact your healthcare providers and collect the records for you.

Company Records

The trucking company will likely have other records important to your case besides accident reports. After your lawsuit is filed, our lawyers can request employee records, maintenance logs, relevant communications, and company policies. This way, we can determine if the trucking company was negligent.

For instance, records might show that the trucking company negligently hired the driver who injured you. Or, maintenance logs might show that a necessary repair was not made before your collision. Our attorneys will know what conduct to look for when reviewing company records.

We will also get the truck driver’s logbooks. Federal regulations require truckers to keep logs detailing the hours they traveled, when they took their mandatory breaks, and countless other vital facts. These logs will tell our team a great deal about the driver’s actions leading up to the accident, often proving liability in the process.

Black Box Evidence

“Black boxes” can also provide important information to use in your claim. These electronic devices are installed in most commercial trucks and record much of the same information found in the truck driver’s logs. However, the black box can also tell us if critical systems in the truck were used appropriately.

For instance, the black box can tell us if the brakes were applied before the crash. It can also tell us the truck’s speed at the time of the accident. So, if the driver did not keep a logbook or we cannot obtain it for some reason, the black box data should help fill in the gaps.

Expert Testimony

Expert witnesses usually need to be called to testify if the case goes to trial. As the evidence discussed shows, these cases can be incredibly complex. If the fact we are trying to prove is beyond the understanding of the general public, an expert will need to explain it to the judge and jury.

For instance, truck accidents are complicated, so we might call an accident reconstruction expert to describe the crash. We might also need an expert in the trucking industry to explain complex regulations and how they were violated. If your injuries are serious or your prognosis is complicated, a medical expert can help clarify the issues for the court.

Who to File Your Lawsuit Against for a Truck Accident in Greenville, SC

When we review the evidence in your case, we will determine who should be named as defendants. It is common to sue a few parties in these types of cases. Most truck accidents are caused by driver negligence, so it is likely they will be the first person we assess for liability. Using the evidence above, we can determine what they did to cause your accident.

Another typical defendant in these lawsuits is the trucking company. Trucking companies are “vicariously” liable for their drivers, meaning that they can be held responsible for their employees’ negligence. Even if the trucking company did not act negligently, this rule would still apply. We might also sue the trucking company for negligent practices, like encouraging truckers to drive longer hours or failing to make repairs.

Our lawyers might also need to name other drivers as defendants. We will assess the liability of all the drivers involved in your crash. In many cases, another driver did something that contributed to causing the accident. For instance, a negligent driver could have cut off a speeding trucker. Other drivers might crash into a wreck that has already occurred. Each driver can be held liable for their share of the damages.

Our Greenville, SC Truck Accident Attorneys Are Ready to Support Your Claim

Contact Rice, Murtha & Psoras by calling (803) 219-4906 to get a free case analysis with our truck accident lawyers.