Were you involved in a collision with a commercial truck driver? The Thumbs Up Guys know that an experience like this can be very traumatic, not to mention overwhelming and confusing. It’s not uncommon for crashes to leave you facing physical, emotional, and financial tolls.
Many people find themselves feeling lost and unsure of what to do next. That’s where a Myrtle Beach personal injury lawyer comes into the picture. Founded in 2018, we‘ve recovered millions in compensation for our clients, and we’re here to fight for the same for you.
When you hire us to represent you as your Myrtle Beach truck accident lawyer, you can count on us to pursue results that matter. Don’t hesitate to get in touch with Your South Carolina Injury Law Firm today. We’re here to help.
What You Should Know About the Impact of Truck-Related Collisions
Truck accidents are distinct from car accidents because these vehicles are much larger and far heavier. The sheer size and weight of commercial vehicles means that when a truck collides with a passenger vehicle, the damage can be catastrophic.
The outcome often results in life-threatening injuries, including spinal cord injuries, traumatic brain injuries, broken bones, and internal organ damage. Furthermore, truck accidents often involve multiple parties, such as the driver, the trucking company, and the manufacturer.
The process of determining liability—namely understanding how the parties involved contributed to the accident—is a major part of building a strong case for collision victims. The aftermath of a truck accident can be overwhelming, but hiring an attorney right away can help.
For a free legal consultation with a truck accidents lawyer serving Myrtle Beach, call (843) 380-8350
The Legal Process for Truck Accident Claims
Truck accident claims involve a complicated legal process due to the number of parties that can be held liable. On top of that, truck collision claims must also take federal and state regulations into consideration. Meanwhile, your lawyer will also need to calculate the severity of damages.
The process typically begins with filing an insurance claim or lawsuit against the at-fault party. Here are some examples of who might be liable in your case:
- The truck driver
- The trucking company
- Cargo loaders
- Vehicle manufacturers
After your claim has been filed, an investigation will begin to determine fault. Attorneys will collect evidence, such as police reports, driver logs, black box data, and truck maintenance records.
This is also when negotiations with insurance companies take place. However, if a fair settlement cannot be reached, the case may proceed to the next step, which is litigation. Also, truck accident lawsuits often involve comparative negligence laws.
These can impact the amount of compensation you receive depending on the percentage of fault that is assigned to each party involved in the collision. You won’t have to worry about going through this process alone if you hire a Myrtle Beach truck accident attorney immediately.
Myrtle Beach Truck Accident Lawyer Near Me (843) 380-8350
Truck Driver Regulations and Their Role in Accident Claims
Truck drivers must comply with strict regulations set by the Federal Motor Carrier Safety Administration (FMCSA) to ensure road safety. These regulations cover:
- Hours of service (HOS) regulations: Drivers must adhere to limits on driving hours to prevent fatigue-related accidents.
- Weight and load limits: These are put in place because overloaded trucks are harder to maneuver and take longer to come to a complete stop, increasing accident risks.
- Drug and alcohol testing: Drivers are subject to post-accident drug and alcohol testing. They can also be tested at random with the discretion of their employers.
- Vehicle maintenance and inspections: Routine inspections and maintenance are required to ensure that trucks are always in safe operating condition.
If a truck driver violates any of these regulations, it can serve as strong evidence of negligence in an accident claim. The sooner you hire an attorney, the sooner your personal injury lawyer can review compliance records, logbooks, and inspection reports to identify these violations.
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Employer Liability in Truck Accident Claims
Trucking companies are often held liable for accidents involving their drivers as a result of vicarious liability. This holds employers responsible for their employees’ actions while on duty.
Additionally, trucking companies could be found directly negligent if they:
- Fail to properly train or vet their drivers
- Encourage violations of FMCSA regulations
- Neglect to take care of routine truck maintenance
- Engage in improper cargo loading practices
Some companies attempt to avoid liability by classifying drivers as independent contractors. However, if the company exercises control over the driver’s work, the court could still hold them accountable for collisions.
A truck accident attorney in Myrtle Beach can examine company policies, read through driver contracts, and analyze employment records to determine the employer’s level of responsibility.
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What Is the Investigation and Evidence Collection Process for Truck Accident Cases?
Thorough investigations are essential for building a strong truck accident claim. These are the primary steps that your lawyer will likely take when conducting an investigation:
- Accident scene analysis: This is when lawyers look at photographs, watch videos, analyze skid mark measurements, and review traffic camera footage.
- Black box data retrieval: The truck’s event data recorder (EDR) stores important information such as speed, brake application, and steering input before the crash. These details can be very helpful for legal counsel when building your case.
- Driver logbook and employment records review: This step entails checking for HOS violations and any prior safety infractions that may be present.
- Maintenance and inspection reports: Your lawyer will seek to identify any mechanical failures that could have contributed to the crash.
- Witness testimonies: Accident reconstruction specialists and medical professionals can provide their input, which helps Myrtle Beach truck accident law firms establish liability and determine the extent of collision-related damages.
Since trucking companies and insurers may attempt to downplay or destroy evidence, it is very important to hire a lawyer as soon as possible. With legal representation on your side, you can make sure all evidence in your case is preserved.
Your lawyer can also help you ensure that every deadline is met. Plus, your legal counsel can advocate for you and prioritize the protection of your rights throughout the entire claims process.
Common Truck Accident Injuries We Can Help With
Truck accidents can result in both minor and major injuries, many of which can be life-altering. It’s important to be aware of the common truck accident injuries that can occur immediately at the scene of the crash and later on in the aftermath of the collision:
- Broken bones: The force of a truck collision may cause your bones to break or fracture. These injuries can require surgery, and extended periods of rehabilitation are not uncommon.
- Spinal cord injuries: A truck accident can cause spinal cord damage, which may lead to either partial or complete paralysis. These injuries often have long-term implications for the victim’s mobility and quality of life.
- Traumatic brain injuries (TBIs): The impact of a truck collision can lead to traumatic brain injuries, which might range from mild concussions to severe brain damage. TBIs can also result in cognitive, physical, and emotional impairments that could require ongoing medical care.
- Internal organ damage and internal bleeding: The force of a truck collision can cause internal injuries, leading to bleeding or organ failure. These catastrophic injuries can be life-threatening, and they may require immediate medical attention.
- Whiplash: Whiplash is a common injury in rear-end truck accidents. It occurs when the head is forcefully thrown forward and then snapped back, causing strain on the muscles and ligaments in your neck.
- Amputations: In the face of major accidents, victims could suffer from limb amputations. This can be the result of crush-related injuries, which is when body parts are trapped under the weight of the truck or another vehicle involved in the collision.
- Emotional and psychological injuries: In addition to physical injuries, truck accident victims often experience emotional trauma, including post-traumatic stress disorder (PTSD), depression, and anxiety. These injuries may require counseling or therapy.
The most common mistake people make after being injured in a truck accident is failing to hire an attorney who can handle their case and advocate for their rights as the victim of a collision. A lawyer can make your chances of securing compensation for your injuries more likely.
Causes of Truck Accidents in Myrtle Beach
Many factors can contribute to truck accidents. Let’s take a look at some common causes of trucking accidents.
Driver Fatigue
One of the leading causes of truck accidents is driver fatigue. Truck drivers often work long hours, and they might push themselves beyond safe limits because they want to meet their delivery deadlines.
However, tiredness can end up impairing their judgment, lowering their reaction times, and negatively impacting their decision-making abilities—all of which can result in a collision.
Distracted Driving
Just like other drivers on the road, truck drivers are susceptible to distractions. Whether it’s texting on the phone, using their hands to eat, or operating a GPS device, distractions can take a driver’s attention away from the road.
Speeding
Truck drivers who speed may not be able to react in time to avoid a collision, especially when driving in areas with heavy traffic, maneuvering through construction zones, or making sharp turns. Speeding can also increase the severity of accidents.
Improper Cargo Loading
Trucks with improperly loaded cargo or unsecured loads can pose a major risk. When cargo is not distributed correctly, it can shift during transit, causing the truck to become unbalanced and more difficult to control.
Mechanical Failures
Trucks have many moving parts. Mechanical failure—such as brake malfunctions, tire blowouts, or engine problems—can contribute to accidents. These failures are sometimes the result of poor maintenance or defective truck parts.
Negligent Hiring and Training
Trucking companies are responsible for hiring and training qualified drivers. When a company fails to make sure its drivers are properly vetted or adequately trained, accidents are more likely to occur.
Statute of Limitations for Truck Accident Claims in South Carolina
In South Carolina, victims of truck accidents have three years from the date of the accident to file a personal injury lawsuit. This is known as the statute of limitations, and it’s important that you file your claim before this deadline expires.
If you wait too long, you could lose the right to pursue legal action and recover compensation for your injuries. That said, there are some exceptions to this rule, so it’s important to meet with a truck accident attorney in Myrtle Beach as soon as possible to ensure that your case is handled properly.
Damages You May Be Able to Recover With a Truck Accident Claim
When it comes to truck collisions, the damages you experience extend far beyond physical injuries. You may be entitled to compensation for a wide range of damages that you have suffered as a result of the crash.
Let’s take a closer look at the types of damages you might be able to recover compensation for after a truck-related crash.
Non-Economic Damages
Non-economic damages are intangible losses that you may have experienced. These often include:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Loss of consortium
- Mental anguish
- Emotional trauma
- Punitive damages
These damages are not easily quantifiable, but they are just as real and impactful as any physical injuries you sustain. Our truck accident attorneys can fight for your right to secure compensation for these non-economic damages.
Economic Damages
You might also be able to recover economic damages after a truck collision. These types of damages are the measurable financial losses that you have incurred as a result of the truck collision:
- Current and future medical bills
- Loss of income and earning capacity
- Property damage expenses
- Funeral and burial costs
- Other out-of-pocket fees
Contact Us Today to Speak With a Myrtle Beach Truck Accident Lawyer
The aftermath of a truck collision is a time filled with uncertainty and distress. While we cannot undo the damage you endured or reverse the injuries you sustained, The Thumbs Up Guys are here to pursue financial compensation on your behalf.
Don’t try to find your way through the legal system on your own—instead, let us help you with every step of the process. We can provide you with the support you need to file your claim against liable parties, protect your rights, and receive the justice you deserve.
If you’re ready to speak with Myrtle Beach truck accident lawyers, don’t wait to get in touch with us at your earliest convenience. As soon as you give us a call, we can set up a consultation, review your case, and let you know what your legal options are.
Call or text (843) 380-8350 or complete a Free Case Evaluation form
