Trucks are not only large. They are also very heavy. Therefore, truck accidents can result in severe injuries and even fatalities. If you were injured or lost a loved one in a truck accident in Aiken, South Carolina, you may be eligible to recover compensation for your medical bills, pain and suffering, property damage, and many more.
Hiring an experienced, reliable, and skilled Aiken truck accident lawyer can increase your chances of getting the financial compensation you rightfully deserve. Your lawyer will investigate your truck accident, build a strong case on your behalf, and handle all the negotiations with insurance companies. Working with an experienced lawyer can reduce your stress.
The Aiken personal injury attorneys at Johnson, Johnson, Whittle, Lancer, & Staggs (JJWLS) offers strong legal representation in truck accident cases in Aiken, SC. We have a proven track record and extensive experience handling truck accident cases.
We are committed to helping our clients get justice and fair compensation for their injuries and losses. Call us today at (803) 649-5338 to schedule a FREE initial consultation with our Aiken truck accident lawyer.
Truck Accident Statistics in South Carolina
Truck accidents are common in South Carolina. Unfortunately, too many truck accidents are almost always due to negligence. According to the National Highway Traffic Safety Administration (NHTSA), 8.3% of all accidents involve large trucks in South Carolina.
How Can an Aiken Truck Accident Lawyer Help You?
Aiken truck accident lawyers are knowledgeable and have many years of experience handling cases involving truck accidents. So, they have the experience, skills, and tools to help you recover a fair settlement from the insurance company.
And if your truck accident case goes to trial, they will represent you in court. Your Aiken truck accident attorney will help you navigate the trial process.
Here is how an Aiken truck accident lawyer can help you:
Determine Who is Responsible for Your Truck Accident
It is difficult to determine fault after a truck accident. If your truck accident involves multiple parties, your lawyer can help identify all the parties that may be liable, including the truck driver, trucking company, manufacturing company, and many more. Once they determine fault, they provide you with legal options.
Gather Evidence
You need strong evidence to increase your chances of winning your truck accident case. Additionally, having enough evidence can help you recover the maximum compensation. That is why your Aiken truck accident lawyer will visit the accident scene, gather evidence, get police reports, get medical records, and interview witnesses.
Negotiate with the Insurance Company
Your lawyer will calculate the value of your truck accident claim. Unfortunately, insurance companies do not like paying claims. Lawyers, on the other hand, are experienced in settlement negotiations. Your Aiken truck accident lawyer will use effective negotiation techniques. So, your attorney can help you recover fair compensation.
Represent You in Court
If the insurance company does not agree to an out-of-court settlement, your truck accident attorney will not hesitate to take your case to trial. Remember, your lawyer is committed to your best interest. They will prepare your case and take your case to court.
Looking for a skilled Aiken truck accident lawyer? JJWLS is here to help you. You can talk to our lawyer by dialing (803) 649-5338 today.
What Regulations Govern Truck Drivers in SC?
The purpose of the regulations governing truck drivers in South Carolina is to prevent or reduce truck accidents on the road. These regulations cover the operation and maintenance of the truck.
Read on to learn the regulations governing truck drivers in SC:
Hours of Service
Truck drivers drive for several hours at a time. That is why they need to rest for several hours. Therefore, the hours of service rule requires truck drivers to stop driving and rest for 10 consecutive hours after driving for a maximum of 11 hours.
Regular Inspections
Truck drivers must make sure their trucks meet safety standards and are in good condition. That is why they need to regularly inspect and maintain the fuel systems, cargo compartments, lights, tires, and brakes of their trucks. And the work documents of the truck driver must be in order.
Substance Abuse Testing
South Carolina Law prohibits driving under the influence of alcohol or drugs. In fact, if the blood alcohol content (BAC) of the truck driver is 0.04% or higher, then the truck driver is considered intoxicated. Therefore, truck drivers must test for alcohol, drug, and substance abuse.
Clear Markings
Trucks are required to have clear markings. They must display certain markings, such as the name of the company, United States Department of Transportation (USDOT) number, vehicle identification number, and other details of the trucking company and driver.
Dangerous Truck Driving Behaviors
Truck drivers must operate large trucks without aggression and distraction. In fact, if you want to become a commercial truck driver, you must pass further testing and certification. However, many truck accidents happen because of dangerous driving behaviors, including:
Decision-Making
Poor decision-making involves reckless driving. For example, the truck driver may drive unsafely under the conditions or even change lanes without checking blind spots or mirrors. If the truck driver makes poor decisions while driving, they could cause an accident.
Recognition
Truck drivers can get distracted and become absent-minded. The driver must keep both hands on the steering wheel and focus on the road at all times. GPS systems, phones, and even eating can all distract a truck driver’s attention from the road. If the driver gets distracted, they can cause an accident.
Non-Performance
If a truck driver becomes physically impaired, then they will not respond appropriately. For example, if the truck driver suffers impairment, such as a seizure or heart attack, the driver is more likely to cause an accident. Non-performance causes are one of the main causes of truck accidents.
Performance
Truck drivers can lose control of their trucks because of panicking. If the truck driver panics, they can make erratic decisions. Panicking is the most detrimental thing a truck driver can do. Truck drivers need to learn how to overcome performance-related causes of truck accidents.
How Does a Truck Accident Differ from a Car Accident?
A truck accident differs from a car accident in many ways, including strict regulations, more catastrophic injuries, and complex causes.
Firstly, the state of South Carolina imposes strict regulations on truck drivers and commercial trucking companies. One of the regulations is how many hours the truck drivers can be on the road on a given day. The purpose of these regulations is to ensure road safety.
Secondly, cars are generally more maneuverable than large trucks. And cars are smaller than trucks. Therefore, truck accidents can result in life-threatening injuries. That is why fatality rates from truck accidents are higher than car accidents.
Thirdly, the cases involving truck accidents are more complicated than those involving car accidents. This is because they may involve multiple parties.
What Caused the Accident?
In South Carolina, the common causes of truck accidents are mechanical failure, driving under the influence of alcohol or drugs, poor loading of cargo, traffic congestion, speeding, driving while fatigued, bad state of roads, and many more.
Do I Have a Case?
You have a case if you can clearly prove the 3 elements of negligence, namely duty of care, breach of duty, and damage. You must, therefore, prove that the at-fault party owed you a duty of care, they breached that duty, and their breach directly caused your personal injuries and losses.
What Happens if I Was Partially at Fault?
South Carolina follows a modified comparative negligence system. Therefore, if you were partially at fault for your truck accident, you can still seek compensation for your damages.
However, if were found more than 50% at fault for your truck accident, you will be disqualified from receiving compensation from the other party or parties.
Who Am I Suing in a Truck Accident Case?
Truck accident cases are very complicated. In fact, it is challenging to determine liability. You will need solid evidence to determine who is responsible for the truck accident. We, therefore, highly recommend working with our experienced Aiken truck accident lawyer. We will help you identify all parties responsible for your accident.
Here are the parties you can sue in your truck accident case:
- Truck Driver – If the truck driver was speeding, driving while fatigued, driving aggressively, or driving under the influence, then the driver will be held liable for the accident.
- Owner of Truck – If the truck owner’s actions contributed to the accident, then the owner of the truck will be held liable for the accident.
- Trucking Company – If the trucking company hires an unqualified and inexperienced driver or allows a faulty truck to be on the road, then they can be liable for the accident.
- Manufacturers of the Truck – If the truck accident happened due to equipment failures or mechanical problems, then the manufacturer can be held liable for the accident.
If you want to know who you can sue in your truck accident, we highly encourage you to contact a good lawyer. Your lawyer will help determine who is responsible for your accident. A good Aiken truck accident lawyer has the skills and experience to handle these types of cases.
Should I Speak to the Insurance Claims Adjuster?
No. It is not easy to deal with the insurance claims adjuster on your own. Insurance companies have strong legal representation. So, claim adjusters may force you to accept a low settlement offer to settle the claim. Want to save time and recover the maximum compensation? We recommend hiring an Aiken truck accident lawyer.
What is the Average Settlement for a Truck Accident?
Truck accidents are unique and complex. That is why there is no average settlement for truck accidents. The value of your settlement will depend on the cost of your medical bills, the value of your damaged property, the value of your lost earnings, and the pain and suffering you suffered as a result of the accident.
How Long Will the Settlement Take?
The timeframe varies from case to case. So, it can take anywhere from several weeks to several months to settle a truck accident claim. The factors that determine the timeframe of your truck accident case include the competency of your Aiken truck accident lawyer, the insurance policies involved, the extent of your injuries, and the circumstances of your accident.
Can’t I Just Handle This Myself?
Yes, you can handle it yourself. However, we do not recommend it. Hiring a good Aiken truck accident attorney can make a huge difference in your truck accident case. Your lawyer will offer legal advice, provide legal options, and guide you throughout the whole legal process.
Call Our Experienced Aiken Truck Accident Lawyer to Handle Your Case
A truck accident can lead to life-threatening injuries and significant damage. Unfortunately, many truck accidents are due to someone else’s negligence. You and your family do not have to suffer due to someone else’s negligence. You need to sue the responsible party.
Therefore, if you or a loved one has been injured in a truck accident that was caused by someone else, you are entitled to pursue compensation for your injuries and damages. The compensation comes from the party or parties responsible for your truck accident.
It is, therefore, in your best interest to hire an experienced and skilled Aiken truck accident lawyer. A lawyer has the requisite skills, knowledge, and resources to handle the complex legal issues involved in truck accident cases. You need to search for the right attorney. If you pick the wrong lawyer, you can still lose your truck accident case.
Looking for the best truck accident lawyers in Aiken, SC? At Johnson, Johnson, Whittle, Lancer & Staggs, our team of Aiken truck accident lawyers is committed to helping our clients recover the compensation they deserve.
We are ready to help you go against the liable parties. We have a proven track record of success. We have your best interest at heart. We will answer all the questions you may have. We are ready to work hard to deliver the results you need.
Contact (803) 649-5338 today to schedule a FREE initial consultation with our Aiken truck accident lawyer.
