When a truck accident occurs in South Carolina, determining liability can be a complex and challenging process. With so many parties involved, it can be difficult to determine who is responsible for the accident and any resulting injuries or damages.
Here are some of the parties that may be held liable in a South Carolina truck accident:
The truck driver: If the truck driver was negligent, reckless, or violated any traffic laws, they may be held liable for the accident. This could include actions such as driving under the influence, speeding, distracted driving, or driving while fatigued.
The trucking company: In some cases, the trucking company that employs the driver may be held liable. This could be the case if the company failed to properly train or supervise the driver, or if they pressured the driver to meet unrealistic delivery deadlines.
The owner of the truck: If the truck involved in the accident was owned by someone other than the trucking company, such as an independent owner-operator, they may be held liable for any damages.
The manufacturer of the truck or its parts: If the accident was caused by a defect in the truck or one of its parts, such as the brakes or tires, the manufacturer may be held liable.
Other drivers or parties: In some cases, other drivers or parties may share liability for the accident. For example, if another driver cut off the truck or caused it to swerve, they may share responsibility for any resulting damages.
Determining liability in a South Carolina truck accident can be a complicated and lengthy process. It may involve investigating the accident scene, reviewing trucking logs and maintenance records, and interviewing witnesses and experts.
In addition, an attorney can help you gather evidence to support your claim and negotiate with insurance companies on your behalf.
It is also important to note that South Carolina follows a modified comparative negligence system when it comes to personal injury claims. This means that if you are found to be partially at fault for the accident, your damages may be reduced proportionally to your level of fault. However, if you are found to be more than 50% at fault, you may be barred from recovering any damages at all.
If you have been involved in a truck accident in South Carolina, there are some important steps you should take:
- Seek medical attention: Even if you do not feel injured, it is important to seek medical attention as soon as possible after the accident. Some injuries, such as whiplash or concussions, may not be immediately apparent.
- Report the accident: Contact the police and report the accident. Be sure to get a copy of the police report.
- Gather evidence: Take photos of the accident scene, the vehicles involved, and any injuries. Get contact information from any witnesses.
- Contact an attorney: An experienced personal injury attorney can help you navigate the legal process and protect your rights.
- Do not sign anything: Do not sign any documents or accept any settlement offers from insurance companies until you have consulted with an attorney.
Nimmons Malchow Johnson Injury Lawyers is a personal injury law firm located in South Carolina that has experience in handling truck accident cases. Our attorneys have extensive knowledge of South Carolina’s laws and regulations regarding truck accidents and can help you navigate the complex legal process.
Our firm can help in the following ways:
- Investigation: We will thoroughly investigate the accident scene, review trucking logs and maintenance records, and interview witnesses and experts to determine liability.
- Evidence gathering: We will gather evidence to support your claim, including medical records, police reports, and witness statements.
- Negotiation: We will negotiate with insurance companies on your behalf to ensure that you receive fair compensation for your injuries and damages.
- Legal representation: If necessary, we will represent you in court to ensure that your rights are protected and that you receive the compensation you deserve.
- Compassionate support: We understand the emotional and physical toll that a truck accident can have on you and your family. Our attorneys will provide compassionate support and guidance throughout the legal process.
At Nimmons Malchow Johnson Injury Lawyers, we are committed to fighting for the rights of our clients and ensuring that they receive the compensation they deserve. If you have been injured in a truck accident in South Carolina, contact us today for a free consultation.