Orangeburg, SC Truck Accident Lawyer

Truck drivers often work long hours, which can lead them to become complacent behind the wheel. This could lead drivers to pay less attention to the road and traffic laws than they should. If you got hit by an 18-wheeler, odds are you suffered serious injuries and could be compensated in an injury claim.

Your injuries could entitle you to sue the driver who hit you as well as the company they work for. These lawsuits can often help victims recover payment for their medical bills, as well as other economic and non-economic damages.

Contact the truck accident lawyers at Burriss Ridgeway Injury Lawyers for a free case evaluation by calling (803) 451-4000.

Common Causes of Truck Accidents in Orangeburg, SC

Many different issues can cause truck accidents. In many cases, the truck driver’s mistakes behind the wheel are what directly cause the crash. However, the truck driver could be a victim as well, and the accident might instead be attributed to something the trucking company did wrong during the vehicle’s maintenance or upkeep. Regardless of which party is responsible, our truck accident lawyers can research the facts of your case and help you determine who was responsible and how the accident happened. This helps us make the right arguments in an insurance claim or a court of law.

Causes Involving Truckers

Truck drivers commonly spend hours on the road at a time, with federal regulations limiting them only after 8 consecutive hours of work (when a 30-minute break is required). In a day, drivers can spend up to 14 hours on duty and 11 hours driving. This can cause drivers to become too tired to drive safely and make them pay less attention to repetitive safety tasks like using a turn signal when changing lanes, checking their blind spot before moving, and fully stopping at stop signs and red lights. Drivers might also turn to drugs or alcohol to keep themselves alert, constituting drunk driving or drugged driving violations.

Causes Involving Trucking Companies

Trucking companies can also be liable for a trucking accident when they make mistakes that compromise the truck’s safety on the road. They can also be held responsible for dangerous hiring and employment practices that put dangerous drivers on the road or keep drivers on staff after serious violations.

Truckers are beholden to maintenance schedules, equipment regulations, hiring standards, hiring regulations, and other rules that govern how they should operate. Violations of these rules or standards could help supply proof of their fault in a crash.

Causes Involving Other Drivers

In some cases, accidents involving trucks are caused by other drivers. If a truck is involved in a multi-car pileup, for example, then the accident will involve more substantial damage because of the truck’s size and weight. But the crash itself could be another driver’s fault, and you would be entitled to compensation from them alongside the injured trucker and any other victims. Often, when another driver is at fault, it is from a traffic violation like speeding, drunk driving, tailgating, reckless driving, etc.

Suing Trucking Companies for Accidents in Orangeburg, SC

When you are hurt in a trucking accident, you can often seek compensation from the trucking company, even when the truck driver is solely responsible. In cases where the trucking company’s mistakes caused the crash, you can sue them for their direct fault as you would any other at-fault party in an accident case. However, special rules also let you reach past the driver and sue their employer even when the crash is not the trucking company’s fault.

Vicarious Liability

When an employee causes an accident while performing tasks within the scope of their work duties, their employer should answer for the harm the employee caused. This rule works to hold stores and companies responsible for everyday accidents, and it works to hold trucking companies liable as well.

These “vicarious liability” rules typically only apply in South Carolina when the trucker is an employee at the trucking company. Many truckers work as independent contractors or owner-operators who are basically treated as if they are self-employed. When this happens, you usually cannot reach past the trucker to sue the company that hired them (i.e., their client rather than their employer). However, truckers in this kind of situation often have additional insurance to pay for their liabilities.

Suing the Trucker Independently

The risk with suing a trucker by themselves is that an individual might not have the money on hand to cover your injuries. However, the trucking company often has sufficient assets and insurance to reimburse for the injuries they cause – even if they would prefer to settle low and deny fault to save some of that money.

Even so, if you have to sue the trucker because they are self-employed, they should still have commercial driver’s insurance and business liability insurance to cover your damages.

Distribution Centers Near Orangeburg, SC

Distribution centers are a crucial component of the trucking and logistics industry. They often serve as trucking hubs where products, goods, or merchandise are shipped and delivered. In some cases, distribution centers are implicated in accidents and may be held liable.

Distribution Centers Around Orangeburg

Multiple distribution centers exist around Orangeburg, and you should talk to your attorney about whether they could be involved in your accident case. The company Amazon has a big presence in the area and has a distribution center near Orangeburg. DSV is a global company offering a range of logistics services, including distribution centers. You should also consider numerous smaller trucking and logistics companies that serve smaller, regional supply chains.

Are Distribution Centers Responsible for Truck Accidents?

A distribution center could be implicated in a truck accident case. If the negligent trucker who caused the accident works for a distribution center, the center could be held vicariously liable for the accident. However, it is entirely possible that the trucker is an independent contractor, not an employee, and that the distribution center is not implicated in the case.

How You Can Sue a Distribution Center for Damages

If the truck driver who caused the accident is an employee of the distribution center, the distribution center may be held vicariously liable for your damages. Alternatively, if the distribution hired the driver despite knowing that the driver was unfit for the job and could cause a serious accident, the distribution center may be held liable for negligent hiring.

Where Do I Find Evidence to Support My Truck Accident Case?

To obtain fair compensation, we need as much evidence as possible that indicates the defendant’s liability.

Photos and Videos

Much evidence may come from various photos and videos related to the accident. Often, other drivers will exit their vehicles and photograph the accident scene while they wait for help to arrive. This is usually for insurance purposes, but these photos may also be used in a lawsuit.

We should also search for video evidence. Security cameras nearby might have recorded the accident. Many cars today have dashcams that record everything on the road.

Truck Company Records

We may request access to records from the trucking company or distribution center regarding the truck and the truck driver involved in the accident. For example, trucking logs may indicate how long the trucker had been on the road and whether they stopped to rest before the accident. We may also see records related to training and safety that could be very valuable in your case.

Witnesses

Truck accidents usually involve lots of other drivers. While some are also injured and may be pursuing their own legal claims, others might not have been hurt. They may testify in court about what they saw during the accident and support your claim that the trucker was negligent.

Statute of Limitations on Trucking Accident Claims in Orangeburg, SC

In South Carolina, injury victims have 3 years to file their injury claims under S.C. Code Ann. § 15-3-530. This time limit governs lawsuits specifically, but injury claims through an insurance company will also be limited by this rule because there is no way to enforce a claim by taking it to court if you are past the filing deadline. However, insurance policies might have rules requiring quicker claims.

This rule requires lawsuits to be filed in court before 3 years have passed from the date of injury; this is not a requirement that you finish your lawsuit within this time period. However, most injury victims need damages paid as quickly as they can get them. Because of this, it is often better to file your case as soon as it is ready. Any delays in calling a lawyer will ultimately delay your recovery. Moreover, it is often better to settle so that you can get your damages paid more quickly – but you should never settle without having your attorneys review the settlement offer to see if it covers all of your damages.

FAQs About Truck Accidents in Orangeburg, SC

How Might a Truck Driver Be Responsible for an Accident?

Truckers may cause accidents if they are negligent behind the wheel. Speeding, making sharp turns, and driving while distracted are just a few examples of common mistakes that lead to severe truck accidents.

Can Trucking Companies Be Held Liable for Crashes?

Yes. If a truck driver is found to have acted negligently, their employer, the trucking company, may be held vicariously liable for the accident.

Can I Sue a Negligent Trucker for Causing an Accident?

Yes. The trucker and their employer may both be held responsible for the accident, depending on the circumstances. However, you should talk to your attorney about this, as other parties might be involved.

What Damages May I Claim in a Truck Accident Case?

You may claim economic damages related to property damage, hospital bills, and even lost income if you cannot return to work because of your injuries. Your non-economic damages may include things like pain, suffering, distress, and other painful personal experiences.

Do I Need an Attorney to Help Me with a Truck Accident Case?

Yes. While plaintiffs are not required to hire lawyers to help them, you should do so anyway. Your lawyer should have the knowledge, skills, and experience to help you get compensation as quickly as possible while navigating the complex legal system.

Should I File an Insurance Claim for a Truck Accident?

If insurance is available, you should file a claim. In South Carolina, injured drivers typically file third-party claims against the at-fault driver’s (i.e., the trucker’s) liability coverage. If you want to sue the trucker, the court will likely want you to at least try to go through insurance first.

How Much Time Do I Have After a Truck Accident to File a Lawsuit?

Personal injury lawsuits in South Carolina must be filed within 3 years of when the plaintiff’s injuries occur. This means you have 3 years from the date of a truck accident to file a lawsuit for your damages.

Do I Have to Sue to Get Fair Compensation After a Truck Crash?

Not necessarily. While a lawsuit may help many injured drivers get fair compensation after a truck accident, you may have numerous other legal options worth exploring. Insurance claims can be helpful, and some people find their damages fully covered. You might instead work out a private settlement with the trucker and their employer.

What Do I Do if a Trucker is Uninsured?

If the trucker is uninsured, you may rely on your own coverage for help. In South Carolina, all drivers must carry uninsured motorist coverage just in case the at-fault driver is uninsured. You might have additional, optional first-party insurance policies, such as MedPay, to help cover your damages. If you still need more compensation, you can sue the trucker in court.

How Do I Prove My Claims in a Truck Accident Case?

We need as much evidence as possible to prove your claims. Much evidence may come straight from the accident scene, including photos, dashcam videos, and witnesses. We may also gather information from the trucking company, including various records about the truck driver, the truck, and other details.

Can I Sue a Negligent Trucker if I Do Not Have Auto Insurance?

Yes. Even if you do not have insurance, you can still file a lawsuit if the truck driver is at fault for the crash. Other states have what is often called “no pay, no play” laws that prevent people from suing for accidents if they are uninsured. South Carolina has no such laws, and you may sue if you are uninsured.

Call Our Orangeburg, SC Truck Accident Lawyers Today

If you need help with your case, call the truck accident lawyers at Burriss Ridgeway Injury Lawyers for a free case review by dialing (803) 451-4000.