South Carolina Truck Accident Lawyer
Nearly all highway accidents are scary experiences, but there is something especially harrowing about a truck crash. These are enormous vehicles capable of severe destruction, and most other vehicles on the road stand no chance against a truck. If you were involved in such an accident, you might be dealing with some serious injuries and enormous costs. An attorney can work to get you fair compensation.
First, you should speak to our team about when, how, and where your accident occurred. It is normal for accident victims to have foggy memories of the crash, and our lawyers can help you piece together the details to figure out whom to sue and where to find evidence. If you are unsure about initiating legal action, talk to a lawyer anyway. Your time to file your claims might be running short, and you could lose your right to bring the cause of action if you wait too long. You do not want to leave valuable damages like medical bills and vehicle damage unclaimed.
Receive a private case review for no cost by calling our offices at (803) 219-4906 and talking to our truck accident attorneys at Rice, Murtha & Psoras.
How Did Your South Carolina Truck Accident Happen and Who is to Blame?
There are numerous important details about your case to parse through with our truck accident lawyers. Still, two incredibly important ones that should be discussed early are how your accident happened and who is responsible. Again, it is normal for accident survivors to have few, if any, memories of something as traumatic as a truck accident, and you likely need an experienced attorney to help you.
How Truck Accidents Happen
Determining how your accident happened might be a bit easier said than done. While you might have a few pieces of important information off the top of your head, they might not be definitive, and we might need to investigate for more details.
A very common factor in many truck accidents is speed. Speeding truckers are incredibly dangerous because trucks are too big and heavy to stop on a dime. If the trucker suddenly needs to hit the brakes, the truck and trailer might not slow down fast enough to avoid a collision. We might be able to determine the truck driver’s speed at the time of the crash using the black box device that was equipped with the vehicle. Some trucks have these devices, like those on planes, that record data about speed, stops, and hours on the road.
Another possible factor is fatigued truck drivers. Truckers are known to be on the road for a very long time. Some spend days and days on the road, driving for many hours before taking short breaks. Unfortunately, some drivers are under pressure from their employers to keep driving no matter what, and they become very tired as a result. Truckers dozing off behind the wheel is not unheard of, and it might be the cause of a severe accident.
Another detail to consider is how the truck made a turn during the accident. Remember, trucks are much larger than normal cars, and their trailers are very long. Turning is no simple task. If a trucker makes a right-hand turn too sharply or quickly, they will likely squeeze a vehicle alongside them, crushing the other car. If you were hurt by a truck making a turn, discuss squeezing accidents with your lawyer.
People Responsible for Truck Collisions
People are sometimes quick to blame truckers for accidents, but such accusations might not always be entirely accurate. While truckers almost certainly bear a significant portion of the blame, there might be other liable parties to think about.
First, truckers are often directly responsible for accidents. Trucker negligence is a major concern within the trucking industry, and there are innumerable ways in which a negligent truck driver might hurt others on the road. Traffic violations, reckless driving, careless turns, and other acts of negligence are often traced back to truckers.
If a truck driver is directly responsible for an accident, there is a good chance that their employer, the trucking company, may be held vicariously liable. Under a legal doctrine known as respondeat superior, employers may be held liable for the injuries and damages caused by negligent employees if those employees were acting within the scope of their ordinary duties. Suing the trucking company might be smart, as they tend to have more resources to cover damages.
When is the Best Time to File a Lawsuit for a Truck Accident in South Carolina?
When it comes to taking legal action, there is no time like the present. However, many accident victims have to deal with emergency medical attention, recovery, and some serious trauma before they can work up the strength even to call a lawyer. While taking some time to collect yourself after an accident is normal, you should be aware that your time to file a legal claim for damages is limited.
According to the statute of limitations under S.C. Code Ann. § 15-3-530(5), plaintiffs in truck accident cases have only 3 years to file their cases. Considering how much preparation goes into a case, let alone a case as complex as a truck accident, it is imperative that you contact a lawyer as soon as possible. The limitation period begins on the day of the accident, and time might already be slipping away.
Under very specific circumstances, plaintiffs may have the statute of limitations tolled, meaning the clock is put on pause for a while, effectively buying you more time. According to § 15-3-40, tolling is possible for people with mental conditions or disabilities that hinder their understanding of their rights. It may also be done for plaintiffs who were minors at the time they were hurt. If you have a disability, the limitation period may not begin until the condition is lifted. If you were a minor, the limitation period would begin on the day you turn 18, not the day of the truck accident.
Speak with Our South Carolina Truck Accident Attorneys About Starting a Claim
Receive a private case review for no cost by calling our offices at (803) 219-4906 and talking to our truck accident attorneys at Rice, Murtha & Psoras.