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Darlington, SC Truck Accident Lawyer
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    Darlington, SC Truck Accident Lawyer

    When you are injured in a crash with a truck driver, the truck driver might share only part of the responsibility for the crash.  In many cases, we can take your case against the trucking company, which is often in a better position to pay and may be responsible for what their driver did.

    For help recovering compensation for your injuries, medical bills, lost wages, and vehicle damage, always work with a lawyer.  Insurance claims often pay only low-dollar offers, and true justice might require sharp negotiations with the trucking company and their insurance before we can get you the damages you need.  If that does not work, we can fight the case at trial.

    For a free case review, call the truck accident attorneys at Burriss Ridgeway Injury Lawyers as soon as you can at (803) 451-4000.

    Do You Sue the Truck Driver or the Trucking Company?

    In many injury cases, you can file against both the trucker and the trucking company for damages.

    Driver Liability

    First and foremost, you usually need to prove that the truck driver caused your crash.  You can potentially sue the trucking company directly if both you and their driver were victims of something the trucking company did, but otherwise, you need to show the driver was at fault first.

    Elements of Trucker Negligence

    This means showing

    1. The driver owed you a legal duty, such as requirements to follow traffic laws.
    2. The driver violated that duty, usually by speeding, running red lights, driving drunk, or driving tired.
    3. The driver’s breach actually caused your accident.
    4. You suffered damages in the crash.

    Vicarious Liability for the Trucking Company

    You can then hold the trucking company liable in place of the driver – known as “vicarious liability” – if all three of these elements are met:

    • The driver was negligent – as discussed above.
    • The driver was an employee, under the company’s direction (i.e., they were not an independent contractor, which would treat them as self-employed).
    • The driver was working within the scope of their job duties when the crash occurred.

    Showing that they are an employee might be complex, but we go off of the facts, not the title the trucking company gives them.

    Direct Liability for Trucking Companies

    On the other hand, sometimes trucking companies cause crashes directly by something the company did.  In these cases, the company should share liability alongside the driver or be responsible instead of the driver – making the trucker a victim, too.

    This requires that the company violated a legal duty, which caused your accident and injuries.

    Examples of Trucking Company Liability

    This usually happens through this kind of conduct:

    • Negligent hiring of drivers they should have known would be dangerous
    • Negligent retention of drivers they already had evidence were dangerous
    • Truck maintenance and equipment issues (when the trucking company owns and maintains the trucks)
    • Hours of service violations
    • Other regulatory violations (e.g., with hazardous materials, driver health conditions, etc.)
    • Other negligence.

    Are There Other Parties You Can Sue for a Truck Accident?

    Other individuals and companies might also share fault or be wholly responsible for a crash, depending on the facts:

    • Other drivers
    • Truck manufacturers
    • Maintenance professionals
    • Governments and contractors responsible for road upkeep/repairs
    • Negligent freight brokers and forwarders who set up shippers with carriers they should have known were inappropriate for the cargo.

    How Does Insurance Work in a Truck Accident Case?

    In most auto accident cases, our lawyers will handle most of the case by speaking with the other side’s insurance.  Some trucking companies have their own in-house lawyers, but most cases see the driver and the trucking companies’ insurance companies assign lawyers to the case.

    Filing Initial Claims

    Do not worry about filing your initial insurance claim on your own.  Our truck accident lawyers can do this for you to make sure we give them all of the info they need to process the claim and avoid any unnecessary disclosures.

    If you need to file with your own insurance for medical coverage, collision coverage, or other benefits on your own policy, we can also handle that.

    Negotiations

    Once we make our demands known, we can negotiate a settlement with the insurance company’s or the trucking company’s lawyers.  Usually, first offers will be too low to cover your case in full, so this should be rejected.

    Trial

    If negotiations fail, we can take the case to trial.  This usually only happens if the insurance company refuses to pay a fair settlement.

    Trial is a last resort, but our lawyers are not afraid of the challenge and will work to build a strong case and make the process as smooth as we can for you.

    FAQs for Truck Accident Cases in Darlington, SC

    How Long Do You Have to Bring a Truck Accident Claim?

    The statute of limitations for injury cases in South Carolina is typically 3 years, but you should contact a lawyer much sooner.

    What Evidence Should You Collect?

    Our lawyers can seek evidence like security camera footage, medical records, vehicle damage appraisals, and accident reconstruction reports.  However, you should save any communications, receipts, or other records you receive about the accident.

    At the scene of the accident, collect the following if you are well enough to stay at the scene:

    • The driver’s name and contact info
    • The trucking company’s contact info
    • The make, model, color, and license plate number of all vehicles involved
    • The names and contact info of any witnesses
    • The location of the accident
    • Whether any nearby security or surveillance cameras are pointed in the direction of the accident
    • Photos of the scene, damage, and injuries
    • Any other relevant info (signs, signals, road conditions, weather, lighting, etc.).

    What Should You Do After a Truck Accident?

    Immediately after an accident, call 911 and request a police officer and an ambulance.  If you need medical care, go directly to the hospital in the ambulance.

    If you can stay and collect evidence, collect the evidence discussed above.  From there, call a lawyer and work with them on the case.  Do not discuss your case with anyone or accept/sign anything from the insurance companies or defense without reviewing it with your lawyer.

    What Damages Can You Claim?

    Truck accident cases usually involve damages for

    • Medical bills
    • Lost wages
    • Pain and suffering
    • Vehicle damage.

    You can also claim any other damages – economic or non-economic – caused by the accident.

    Call Our Truck Accident Lawyers in Darlington, SC Today

    For your free case evaluation, call the truck accident lawyers at Burriss Ridgeway Injury Lawyers at (803) 451-4000.

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    Results

    $11 Million
    Confidential settlement regarding a father of three that was catastrophically injured at his workplace when he was the victim of negligent acts committed by a corporate defendant that placed him in danger.
    Confidential settlement regarding a father of three that was catastrophically injured at his workplace when he was the victim of negligent acts committed by a corporate defendant that placed him in danger.
    $8.5 Million
    Client’s husband was struck and killed by a speeding driver working for a South Carolina corporation who was in the course and scope of his employment at the time of the crash. The decedent left behind a spouse and three children.
    Client’s husband was struck and killed by a speeding driver working for a South Carolina corporation who was in the course and scope of his employment at the time of the crash. The decedent left behind a spouse and three children.
    $6.2 Million
    Client was struck and killed by a commercial vehicle that was distracted at the time of the crash. The event occurred on a rural South Carolina roadway. Claims were brought against the driver as well as the corporation.
    Client was struck and killed by a commercial vehicle that was distracted at the time of the crash. The event occurred on a rural South Carolina roadway. Claims were brought against the driver as well as the corporation.
    $6 Million
    The Plaintiff was injured as a result of a failing component of a commercial motor vehicle that fell from the vehicle into the roadway. The Plaintiff brought claims against the owner and operator of the tractor trailer as well as the manufacturer of the vehicle.
    The Plaintiff was injured as a result of a failing component of a commercial motor vehicle that fell from the vehicle into the roadway. The Plaintiff brought claims against the owner and operator of the tractor trailer as well as the manufacturer of the vehicle.
    $5 Million
    The client’s child was killed in a crash involving a trucking company. Claims were brought against both the trucking company and the owner of the faulty equipment that was unsafe for use on the roadway.
    The client’s child was killed in a crash involving a trucking company. Claims were brought against both the trucking company and the owner of the faulty equipment that was unsafe for use on the roadway.
    $4.1 Million
    The Plaintiff was injured as a result of a refrigeration system that malfunctioned, spraying ammonia gas into the Plaintiff's face. As a result of this event, the Plaintiff sustained significant vision loss. The Plaintiff brought claims against his employer and the manufacturer of this system.
    The Plaintiff was injured as a result of a refrigeration system that malfunctioned, spraying ammonia gas into the Plaintiff's face. As a result of this event, the Plaintiff sustained significant vision loss. The Plaintiff brought claims against his employer and the manufacturer of this system.
    $2 Million
    The Plaintiff was injured while riding his motorcycle when he collided with another vehicle. This event occurred in the city of Columbia and the Plaintiff sustained significant bodily injury resulting in extensive medical expenses and permanent injury.
    The Plaintiff was injured while riding his motorcycle when he collided with another vehicle. This event occurred in the city of Columbia and the Plaintiff sustained significant bodily injury resulting in extensive medical expenses and permanent injury.
    $1.8 Million
    The Plaintiff was injured when he was rear-ended by a tractor trailer on Interstate 20. The Plaintiff brought claims against the owner and driver of the tractor trailer for his injuries relate to his lower back.
    The Plaintiff was injured when he was rear-ended by a tractor trailer on Interstate 20. The Plaintiff brought claims against the owner and driver of the tractor trailer for his injuries relate to his lower back.
    $1.5 Million
    The Plaintiff sustained significant injury when she was attacked by a dog while performing repairs on a rental property. The Plaintiff was at the rental property as part of her employment with a rental management agency. She was attacked by the animal and sustained permanent nerve damage in her legs.
    The Plaintiff sustained significant injury when she was attacked by a dog while performing repairs on a rental property. The Plaintiff was at the rental property as part of her employment with a rental management agency. She was attacked by the animal and sustained permanent nerve damage in her legs.
    $1.3 Million
    The Plaintiff was killed as a result of a collision with a logging truck that had been improperly loaded by a timber harvester. The proceeds of the settlement were funded by both the timber harvester and the owner of the logging truck.
    The Plaintiff was killed as a result of a collision with a logging truck that had been improperly loaded by a timber harvester. The proceeds of the settlement were funded by both the timber harvester and the owner of the logging truck.
    $1.5 Million
    The Plaintiff underwent surgery to her neck as a result of injuries sustained when she was struck on the head by a piece of loading equipment at her job. The Plaintiff was employed by a national retailer and was engaged in stocking shelves when the piece of equipment failed. After settling her workers' compensation claim, the Plaintiff brought a claim against the manufacturer of this equipment.
    The Plaintiff underwent surgery to her neck as a result of injuries sustained when she was struck on the head by a piece of loading equipment at her job. The Plaintiff was employed by a national retailer and was engaged in stocking shelves when the piece of equipment failed. After settling her workers' compensation claim, the Plaintiff brought a claim against the manufacturer of this equipment.
    $1.1 Million
    The Plaintiff brought a claim against a local medical facility for a false positive HIV reading. As a result of this false positive, the Plaintiff lived for 4½ years believing that she had the virus which leads to what she feared was an eventual AIDS diagnosis.
    The Plaintiff brought a claim against a local medical facility for a false positive HIV reading. As a result of this false positive, the Plaintiff lived for 4½ years believing that she had the virus which leads to what she feared was an eventual AIDS diagnosis.
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