Forest Acres, SC Truck Accident Lawyer
Truck crashes can cause immense devastation. Often, these crashes cause damage to more than one car, but even in accidents with only two vehicles, the victims in the car can face severe injuries and vehicle damage.
If you were hurt in a truck accident, our lawyers can help you get the compensation you need. We can fight insurance companies, truck drivers, and the trucking companies that put these dangerous trucks on the road in the first place. Our goal is always to get your injuries and damages paid for.
For a free review of your case, call our truck accident attorneys today at Burriss Ridgeway Injury Lawyers by calling (803) 451-4000.
Who is Responsible for a Truck Accident in Forest Acres, SC?
When determining fault in an auto accident, the law looks at who committed some sort of duty violation that caused the crash. This can come in many forms and allow the fault to fall on the shoulders of many potential parties, but one of the following will usually be the primary defendant in your case. However, fault can also be divided among multiple parties. We will also analyze a few parties that cannot be held at fault for various reasons.
The Truck Driver
The truck driver who hit you can be held accountable for any direct mistakes behind the wheel or traffic violations. For example, if they failed to check their blind spot and crashed into you because of it, that is their mistake, and they should be required to pay for it. Additionally, drunk driving, speeding, and other violations are their responsibility.
You
If you were driving when the truck hit you, but you also did something wrong to contribute to the crash, you could be held partly liable. Our truck accident lawyers can work to minimize the percentage of fault the court assigns to you and ideally get you at least some reduced damages if full damages become unavailable because of “comparative negligence” rules.
A Passenger
Passengers usually cannot be held responsible for car accidents. If the passenger did something like grab the wheel or pull the emergency brake, then they would be considered the driver, as they were operating the vehicle. Even so, if you were injured while riding as a passenger in a car, you could get your damages reduced if you did something to make them worse, such as failing to get medical care or to wear a seat belt.
Other Drivers
If the truck crash involved more than two vehicles, the driver in another vehicle might have been the one to cause the crash in the first place. In some trucking accident cases, the trucker is an innocent victim just like you, and some third driver is at fault. In other cases, the trucker and other drivers will share fault.
Bikers, Pedestrians, and Others
If you were hit by a truck while on a bicycle, on foot, or in/on another small vehicle, you could be deemed partly at fault if you were riding in the wrong location or breaking the law somehow. However, our lawyers can fight to still hold the at-fault driver primarily responsible.
Trucking Companies
The company the driver works for is often liable for an accident in place of their driver. If the driver was an employee (as opposed to an independent contractor) working within the scope of their job tasks when they caused the crash, the law might hold their employer responsible instead. This can often open access to damages the trucker might not be able to personally afford.
Trucking companies can also be held responsible if they did something to contribute to the crash directly instead of through their driver. For example, the resulting crash could be their fault if they hired a dangerous driver or put a truck they knew had maintenance issues on the road. They are likely liable for maintenance and repair issues as well if they own the truck.
Truck Mechanics or Auto Manufacturers
If the truck was maintained or repaired by a third-party garage and that left it with dangerous problems the driver and trucking company did not know about, the mechanics might be liable for the crash. This kind of situation, however, is quite rare, especially if the trucking company hires its own mechanics directly.
Truck manufacturers can also be responsible if the truck had defects with new parts that caused the crash, such as inferior materials used in the production of a line of brakes or gas tanks.
How Truck Accidents Usually Happen in Fores Acres, SC
Truck crashes can happen in many different ways, but they might involve one of the following common situations:
Speeding
If the truck driver was speeding and could not stop in time, they could be liable for crashing into you. In some cases, the truck might be considered a “runaway,” but that does not always absolve the driver of fault. For example, if they knew that their brakes were giving them trouble but stayed on the road anyway, that would be dangerous. Additionally, sometimes brakes fail because the driver was going too fast to reasonably be able to stop in time, which is a choice the driver made, not an issue with the brakes.
Drunk Driving
DUI laws are often stricter for truckers, but that might not stop drug use and drunk driving among truckers. If truckers rely on illegal substances or alcohol to stay awake and alert while driving, they could be putting others at risk.
Improper Lookout
Many truck crashes are caused by drivers who fail to check their blind spots or look before making moves. This is often how truckers crash into smaller vehicles and pedestrians.
Improper Loading
Bad loading can make a truck unstable, causing it to fishtail more. This “trailer sway” can even cause a truck to fold on itself and cause a “jackknife accident.”
Call Our Truck Accident Attorneys in Fores Acres Today
Call (803) 451-4000 today to speak with the truck accident attorneys at Burriss Ridgeway Injury Lawyers in a free case review.
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