Were you hurt after colliding with a truck? Crashes of this nature often yield serious injuries and property damage because of the sheer size and weight of commercial trucks.
However, you don’t have to accept defeat—instead, reach out to The Thumbs Up Guys. We can help you figure out what to do in the aftermath of a truck accident. As your North Charleston personal injury lawyer, we’re here to pursue the compensation you need to rebuild your life.
Since 2018, we’ve recovered millions of dollars for our clients, and we want to do the same for you. For results that matter, contact Your South Carolina Injury Law Firm today and let us represent you as your North Charleston truck accident lawyer.
What Makes Truck Accidents Unique Compared to Other Types of Collisions?
Truck accidents are not like typical car accidents. Commercial trucks—including 18-wheelers and tractor-trailers—are much larger and heavier than regular vehicles. This means the results of crashes involving trucks are often catastrophic.
The force of impact from a truck crash can cause people in smaller vehicles to sustain very dangerous injuries, including:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Fractures and broken bones
- Internal organ damage
- Amputations
Due to the severity of these injuries, truck accident victims often have to undergo medical treatments, attend long-term rehabilitative care, and endure major emotional distress. Recovering compensation for these injuries is complicated.
Not only are multiple parties often involved, but the very nature of truck operations also introduces specific legal challenges.
For a free legal consultation with a truck accidents lawyer serving North Charleston, call (843) 380-8350
Steps to Take After a Truck Accident
The steps you take immediately after a collision can have an impact on your ability to recover compensation. To increase the likelihood of a positive outcome:
- Call 911: Report the accident to law enforcement. That way, an official police report will be created and the crash will be documented. This report can serve as key evidence in your claim.
- Seek medical attention as soon as possible: Even if you don’t feel injured right away, some injuries—such as internal bleeding or concussions—may not reveal symptoms until later.
- Gather evidence about your crash: If possible, take photos of the accident scene, including vehicle damage, road conditions, tire marks, and traffic signals. Ask witnesses for their contact information, as well.
- Avoid speaking to insurance companies: The trucking company’s insurer may contact you directly to try to settle quickly or downplay your injuries. Do not provide recorded statements without first speaking to your truck accident attorney in North Charleston.
- Reach out to a North Charleston truck accident law firm ASAP: Trucking companies and their insurers often start building their defense immediately. When you have an attorney on your side, your legal counsel can secure evidence before it disappears, negotiate with insurance companies, and protect your rights from the start.
Delaying legal action can hurt your claim. South Carolina’s statute of limitations means you only have three years to file a lawsuit. Additionally, important pieces of evidence—such as truck maintenance logs and black box data—can be lost if you wait too long before contacting an attorney.
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Injuries Victims Often Sustain in Truck-Related Crashes
Truck accidents can result in catastrophic injuries due to the size and weight of the vehicles involved. Here are examples of common injuries that collision victims often sustain:
- Traumatic brain injuries (TBI): A collision with a large truck can cause severe head injuries. These injuries can range from mild concussions to life-threatening brain damage. In many cases, they lead to long-term cognitive and physical disabilities.
- Spinal cord injuries: Damage to the spinal cord can result in permanent paralysis, loss of sensation, or a decrease in motor function. Spinal cord injuries are often debilitating, and they typically require ongoing medical treatment or rehabilitative care.
- Fractures: The force of a truck crash can cause broken bones in various parts of your body, including your arms, legs, ribs, and pelvis. These fractures may require surgery, which often require lengthy recovery periods.
- Internal injuries: Truck accidents can cause major damage to your internal organs, including your heart, liver, lungs, and kidneys. Internal bleeding is not always noticeable, and that’s why it’s so important for victims to seek immediate medical care.
- Burns and lacerations: The impact of a truck accident can result in burns from fires or cuts from broken glass and lacerations from debris. These injuries can require long-term treatment, and they often result in permanent scars.
- Amputations: In some cases, victims can suffer from limb amputations. These traumatic injuries are often the result of collisions where people are crushed by vehicles involved in the crash.
Victims of truck accidents often face long and painful recoveries, as well as substantial financial burdens related to medical treatment, rehabilitation, and lost wages. For those who experience permanent disabilities, the emotional toll can also be nearly unbearable.
The severity of your injuries will influence the amount of compensation you can recover for the medical expenses, lost wages, pain and suffering, or future medical care you experience as a result of the crash. Unfortunately, it’s not uncommon for insurers to downplay your injuries.
That’s why you should promptly contact a North Charleston truck accident law firm.
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How Liability and Fault Are Proven in Truck Accident Cases
Determining liability in a truck accident is more complicated than the process involved in typical car crashes. Multiple parties may be responsible for the truck-related collision. Here are examples of potentially liable parties in this type of incident:
- The truck driver, if they were speeding, distracted, impaired, or violating regulations
- The trucking company, if it failed to train drivers or respect their hours properly
- Cargo loaders, if they improperly secured or overloaded the cargo
- Truck manufacturers, if a defective part contributed to the crash
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Important Evidence in Truck Accidents
Many different types of evidence can help your truck crash claim. Here are some of the most important evidence types for truck accidents.
Black Box Data
This electronic device—also known as an event data recorder (EDR)—captures important information about the truck’s operations in the moments leading up to an accident. It records details such as speed, braking patterns, engine performance, and whether the driver attempted to slow down or otherwise avoid the collision before making any impact with other vehicles.
Black box data can provide objective evidence that refutes or supports driver claims, making it a vital piece of evidence in truck collision cases.
Driver Logbooks
Federal law requires truck drivers to maintain logbooks that document their driving hours, break times, and rest periods to ensure compliance with Hours of Service (HOS) regulations. If a logbook showcases that a driver exceeded the legal driving limit or falsified their driving records, fatigue may have contributed to the crash.
Truck Maintenance Records
Trucking companies are legally obligated to conduct routine inspections and maintenance to keep their vehicles in safe operating conditions. Maintenance logs can reveal whether or not the truck had pre-existing issues—such as faulty brakes, worn tires, or engine failures—that were ignored before the crash.
If a company neglected to make necessary repairs or falsified maintenance records, their inaction could be used as evidence of negligence in a lawsuit.
Accident Reconstruction Reports
Accident reconstructionists can analyze crash scene evidence—including skid marks, debris patterns, and the extent of vehicle damage—to determine what happened. These reports use physics-based calculations to assess the speed, force of impact, and angle of collision, all of which can help your attorney prove fault and establish liability.
By recreating the sequence of events, accident reconstruction professionals can provide a compelling testimony that strengthens your claim.
Eyewitness Statements and Traffic Camera Footage
Witness accounts from drivers, passengers, pedestrians, or bystanders can provide unbiased perspectives on how the accident occurred. Their statements can help clarify details that could have contributed to the collision.
Additionally, traffic camera footage can offer visual proof of the accident, which ultimately eliminates disputes over liability and supports the injured party’s case.
Trucking Regulations That Could Impact Your Case
Federal and state laws govern the trucking industry with the main goal of ensuring everyone’s safety on the road. If these regulations are violated, they can serve as strong evidence of negligence.
These are important regulations that may have been violated in the moments leading up to the collision:
- Hours of Service (HOS) limits: The Federal Motor Carrier Safety Administration (FMCSA) restricts how long drivers can operate before mandatory rest periods.
- Commercial Driver’s License (CDL) requirements: Truck drivers must meet strict qualifications and uphold predetermined training standards.
- Weight and cargo limits: Overloading a truck can lead to rollovers or a total loss of control, both of which are scenarios that can lead to a collision.
- Routine inspections and maintenance: Trucking companies must regularly inspect and repair vehicles to prevent mechanical failures from resulting in crashes.
Common Causes of Truck Accidents
Several factors can contribute to truck accidents in North Charleston, and understanding the common causes of these crashes is part of the process of building a successful case.
Some of the leading causes of truck accidents include:
- Increased driver fatigue
- Impaired reaction times
- Poor judgment skills
- Difficulty with decision-making
- Failure to notice traffic changes
- Delayed response to hazards
- Falling asleep at the wheel
- Becoming distracted while on the road
- Texting or talking on the phone
- Failure to properly maintain the truck
- Neglecting brake checks
- Avoiding tire inspections
- Skipping engine repairs
- Improperly loaded cargo
- Traveling at high speeds
- Driving under the influence (DUI)
How North Charleston Truck Accident Lawyers Can Prove Fault in Your Personal Injury Case
The most common mistake people make after being injured in a truck accident is choosing not to hire an attorney. However, lawyers are legal advocates who can increase your chances of successfully proving fault, which is a must prior to securing compensation in your case.
It’s important to note that truck accident cases often involve more than one party. This makes the process of determining fault far more complicated than typical car accidents. In many truck accident claims, several entities may be held liable, including:
- The truck driver: If the driver was negligent due to actions like speeding, operating a vehicle while distracted, or driving under the influence, they can be held responsible for the crash.
- The trucking company: If the trucking company failed to provide proper training to its drivers or violated regulations related to hours and schedules, they can be held liable for the accident.
- The truck manufacturer: If the accident was caused by a mechanical failure that resulted from a defective part—such as faulty brakes or improperly pumped tires—the manufacturer may be held responsible for the collision.
- Maintenance contractors: Let’s say a maintenance contractor failed to inspect or repair the truck properly. If their negligence contributed to the incident, they could be found liable.
- Cargo loaders: If improperly loaded cargo caused the truck to become unstable and resulted in an accident, the company responsible for loading the cargo might be responsible for the collision.
The Statute of Limitations for Truck Accident Claims
In South Carolina, truck accident victims have three years from the date of the accident to file a personal injury claim. This is known as the statute of limitations, and if you fail to file your claim within this period, you may lose the right to pursue compensation.
Though you may have three years to file a claim, the longer you wait, the less likely you will receive a settlement. To increase your chances of winning a payout, talk to legal counsel with experience handling truck accident claims.
Certain exceptions may alter this time frame, but North Charleston truck accident lawyers can advise you on any deadlines that apply to your case specifically. The sooner you reach out to an attorney, the more likely you are to ensure that your case is filed within the applicable timeframe.
Call Our North Charleston Truck Accident Law Firm for More Information Today
If you or a loved one are suffering after colliding with a truck, don’t wait to seek legal guidance. Contact our truck accident law firm in North Charleston for help. You don’t have to hide your pain—in fact, you deserve to be compensated for the injuries and damage you sustained.
With our North Charleston truck accident attorneys by your side, you can set yourself up for a favorable outcome because we’ll work to pursue the justice you are entitled to after a tragic and life-threatening commercial truck accident. You can count on us to advocate for you.
When you’re ready to speak with a lawyer, reach out to The Thumbs Up Guys as soon as possible. Whether you are dealing with medical bills, lost wages, or emotional matters after a truck-related crash, we are here for you every step of the way.
Call or text (843) 380-8350 or complete a Free Case Evaluation form
