Call Us 24/7
(843) 306-4144 (843) 306-4144 An accident involving a truck can lead to catastrophic damage due to the size, weight, and force of the vehicle. These accidents are more likely to cause severe bodily injury or potentially death.
When the truck accident was caused by negligence, people who sustain injuries in the crash can pursue a lawsuit to recover damages with help from a knowledgeable personal injury attorney. You should immediately speak with a Charleston County truck accident lawyer if you or a family member were injured in a crash.
To recover compensation, someone injured in a truck crash must prove the truck driver was negligent. A number of negligent actions can lead to a truck accident, and the best evidence to prove negligence depends on the specific situation.
Commercial truck drivers must adhere to certain state and federal laws when operating their vehicles. For example, commercial truck drivers must have a commercial driver’s license issued by the state. Trucks driving in the state must also comply with size and weight requirements, according to S.C. Code § 56-5-4010.
Evidence that a truck driver was operating a vehicle in violation of state law can help prove negligence. If the driver was operating an overweight truck, this could limit the vehicle’s ability to brake to avoid an accident.
Reckless or negligent actions that can cause an accident include:
In addition to the driver’s actions on the road, the truck’s owner has a duty to maintain the vehicle. If the accident was caused by faulty equipment that resulted from a failure to maintain the vehicle, this could also help establish negligence.
When a truck driver broke state traffic laws or otherwise breached a duty of care and caused injuries, a truck accident lawyer in Charleston County could help the injured person recover damages through a lawsuit.
The appropriate party to sue is not always obvious when someone is injured in a truck accident. In most car accidents, the driver will have legal responsibility when they are the at-fault party. However, an injured person could potentially have a lawsuit against the driver or their employer if a commercial truck causes an accident.
Per state law, employers are liable when their employees’ negligence causes an injury while performing their normal job duties. The key to establishing liability is the presence of an employer-employee relationship.
If the truck driver is an independent contractor, employer liability will not apply. When the truck accident was caused by faulty equipment due to improper truck maintenance, this could also help establish employer liability.
If truck equipment was faulty due to a manufacturer’s negligence, the company that made the component could also have strict liability for injuries caused by product defects. A Charleston County truck accident attorney could investigate the cause of the accident to determine responsibility.
An injured person’s negligence could limit or prevent their ability to recover damages in a truck accident lawsuit. The state follows the doctrine of comparative negligence for motor vehicle accidents, according to S.C. Code §15-1-300.
If an injured plaintiff is found negligent, the comparative negligence doctrine requires that a court reduce their recoverable damages in proportion to their percentage of fault. For example, if a plaintiff is seeking $100,000 in damages and is found 50% at fault, their maximum recoverable damages is $50,000. However, if the injured person is 51% or more at fault for the accident, they cannot recover damages.
In addition to the state’s comparative negligence rules, a court could also dismiss the lawsuit if it is not filed within three years from the date of the injury, according to the state’s statute of limitations in S.C. Code § 15-3-530.
If you or a loved one was involved in a truck accident, you should contact a Charleston County truck accident lawyer about filing a lawsuit. Our legal team prides itself on working closely with clients to help protect their legal rights.
Our clients receive in-depth, hands-on legal services from people with the skill and knowledge to handle their cases.