Rock Hill – Truck Accidents

Rock Hill Truck Accident Lawyer

South Carolina Law Firm Helping Victims of Semi-Truck Accidents

For more than 20 years, the dedicated attorneys of Schiller & Hamilton have been helping people who have been hurt or lost loved ones in tragic truck crashes. Our respected legal team works tirelessly to pursue the full and fair compensation that accident victims need to recover and move forward with their lives.

Large vehicle cases can be complicated by multiple factors, not the least of which is the trucking company (or motor carrier), which often owns the truck, employs the driver, and has a large investment to protect from an insurance claim. Trucking firms move fast to protect their bottom lines after accidents. But our personal injury attorneys in Rock Hill, SC, will work aggressively to demand justice for you.

If you or a family member has been seriously hurt in a collision with a tractor-trailer or some other kind of commercial truck, you can expect to hear from the motor carrier’s insurance company and/or lawyers very quickly. They may offer you a fast settlement to try to get you to sign away your rights before you have a clear idea of how your injuries will affect you. Protect your legal rights by contacting a skilled Rock Hill truck accident lawyer today. rock

Determining Fault Following a Tractor-Trailer Accident

If you were in a car accident with a tractor-trailer or 18-wheeler, depending on how and why the truck accident that injured you occurred, you may be able to pursue claims against one or more parties, which could mean multiple sources of compensation for you.

Our semi-truck accident lawyers will launch a thorough investigation to determine who should be held liable for the damages you have suffered. We may end up seeking compensation from the following parties:

Truck Driver

In many truck accidents, the driver was negligent in one way or another and caused or at least contributed to the crash. For example, truckers are often required to meet delivery deadlines. This can lead to speeding, aggressive driving (tailgating, frequent lane changes, etc.), or driving beyond federally mandated Hours of Service (HOS) time limits. Each of these, especially fatigued or drowsy driving in violation of HOS rules, is a common cause of truck accidents.

Motor Carrier Company

The company that owns the truck and/or employs the trucker can be held liable for the safety of its vehicles and the actions of its employees, especially drivers, but also employees who maintain or load trucks. A motor carrier may also be held liable for company negligence that contributed to an accident, such as having hired an unqualified or unlicensed driver, failing to test a driver for drug use as required by law, pushing a driver to stay on the road in violation of HOS regulations, or cutting corners on truck maintenance to save money.

Motor Carrier Service Vendors

Some companies outsource work like truck maintenance and repair or packing and loading cargo. If work performed by — or neglected by — service vendors contributes to an accident, that third-party company may be held liable. For example, the negligence of a firm that packs and loads cargo may be responsible for a cargo shift or cargo spill that causes a driver to lose control of the rig and crash.

Truck and Parts Manufacturers

If the truck itself or a defective part — brakes, tires, couplings, lighting, engine components, etc. — failed because of how it was designed or made, and this failure contributed to an accident, a product liability claim may be possible.

Government Agency Responsible for the Roadway

If it can be shown that a defective road design or lack of maintenance contributed to a truck accident, the governmental agency responsible for that stretch of road may be held liable. This would include a case in which the setup of a highway work zone contributed to a truck accident, such as by not providing enough warning and/or room for a truck to slow from highway speed before entering the work area. The contractor responsible for a faulty work zone or dangerous roadway might be held responsible for its role in a wreck, too.

The Federal Motor Carrier Safety Administration (FMCSA) regulates interstate commercial trucking and administers rules for every aspect of a truck driver’s and motor carrier’s duties, as well as their vehicles and cargo. The FMCSA also requires motor carriers to document just about every aspect of their operations, which we can obtain as part of our accident investigation.

Commercial trucks also contain “black box” event data recorders (EDRs), which record a wealth of information when a wreck occurs. If we are retained before they are destroyed or “lost,” we can obtain FMCSA records and EDR evidence through a court order to support our investigation and legal claims.

In some truck wreck cases, our local lawyers may also enlist the aid of accident reconstruction specialists, whose forensic work can pinpoint and explain what caused a complicated crash.

What Types of Damages are Available to Truck Accident Victims in Rock Hill?

Once we determine which party(s) should be held liable for your tractor-trailer wreck, we will identify and analyze insurance coverage that should provide compensation to you. Our truck crash lawyers in Rock Hill will also want to thoroughly evaluate your injuries and other losses to make the argument for maximum compensation. This may include payment for medical expenses, lost income, property damage, pain and suffering, and punitive damages.

Medical Expenses

Even if your health insurance covers many of your medical bills related to the accident, we will pursue the full amount billed by health care providers for treatment. This will include costs since your accident and projected costs for any anticipated care needs.

Lost Income

If you can no longer work or are forced to take a lower-paying job because of your injuries, we will include payment for a reduction in your future earnings in our demands.

Property Damage

We will demand payment of costs to repair or replace your vehicle, as well as for any other personal property damaged in the crash. The payment we seek will also account for your vehicle’s diminished value as a result of having been wrecked.

Pain and Suffering

You deserve consideration for the physical, emotional, and psychological pain and suffering caused by the crash. Our team will work with you to document how detrimental your injuries have been to you and your lifestyle and seek appropriate compensation.

Punitive Damages

If circumstances warrant, we will seek compensation awarded as punishment when an at-fault party has acted with intentional or extreme misbehavior. For example, punitive damages may be available if a motor carrier knowingly puts an unqualified driver with a history of recklessness behind the wheel of a transfer truck.

In addition to truck accident claims, our compassionate attorneys help families who have lost loved ones file wrongful death lawsuits in pursuit of the compensation they need to heal and get back on solid ground financially. These claims may recover compensation for funeral and burial expenses in addition to damages listed above.

What are Some Unique Aspects of a Truck Accident Claim?

Accident claims involving a tractor-trailer, semi, large dump truck, or another “big rig” are very different from car crashes. For example:

  • Passenger car occupants are much more likely than truck drivers to have been hurt or to suffer catastrophic injuries. This is due to the overwhelming size and weight advantage a truck has in a collision.
  • Interstate trucking is governed by numerous federal, state, and local laws and regulations, which a negligent driver, owner, or other worker can be held accountable for if violating them contributed to a wreck.
  • There are often multiple parties who were responsible for putting the truck and truck driver on the road, and who may have had a role in the accident.

It is crucial that you seek legal advice from an attorney who has experience handling complex truck accident cases. At Schiller & Hamilton, our knowledgeable team has a proven track record of success in these challenging types of claims.

Call a Rock Hill Truck Accident Lawyer

Understanding the Impact of South Carolina Truck Accidents

A serious truck accident involving a commercial truck driver can change your life in an instant. Whether the collision occurred on a busy highway or at a rural intersection, Rock Hill truck accidents often involve semi-truck accidents or tractor-trailers that cause extensive property damage, truck accident injuries, and severe injuries. Under South Carolina law, accident victims have the right to pursue claims for their medical expenses, lost wages, and other losses. Our law firm has represented clients hurt in traffic accidents involving commercial trucks, passenger cars, and even tanker trucks or tow trucks, ensuring they understand the legal process from the very first consultation.

Holding Negligent Truck Drivers and Companies Accountable

Our personal injury law firm investigates the accident scene thoroughly, reviewing driver logs, accident reports, and evidence of reckless driving, distracted driving, driver fatigue, or mechanical failure due to improper maintenance. We also evaluate the role of the truck or parts manufacturer, the truck manufacturer, or even a commercial vehicle operator who failed to meet safety standards. In cases involving jackknife accidents, rollover accidents, soft tissue injuries, or traumatic brain injuries, our goal is to hold all responsible parties — from negligent truck drivers to other vehicles involved — accountable for the harm caused. We also help accident victims in car accident cases related to passenger vehicles and motor vehicles impacted by large trucks.

Get Legal Help From an Experienced Truck Accident Attorney

If you or a loved one has been injured in a truck crash or a tractor-trailer crash, don’t face the aftermath alone. A dedicated truck accident attorney from our team can help you pursue fair compensation for medical bills, financial compensation, and other damages. Our experienced truck accident lawyer will guide you every step of the way, ensuring your rights are protected while you focus on healing from your serious injuries. Call our office today to schedule your free consultation — you owe nothing unless we win your case.

FAQs About Truck Accidents

Who Could Be Held Liable for a Fatal Tractor-Trailer Collision?

In most fatal trucks accident cases in Rock Hill, the driver and the trucking company could be held liable for damages. The truck driver is leasing the vehicle and driving for a trucking company, so the parent company could be liable. The leasing company could be liable as well as the driver. In many cases, there are two or three individuals or companies responsible for paying any claims.

These cases look different in situations in which a truck driver is being represented against a trucking company due to the number of defendants involved. If the truck driver owns the truck and is the one driving, there will be only one defendant. If they are leasing or operating a truck on behalf of another company and have a contract with several clients, they may have as many as four defendants.

Those who could be held liable for damages include:

  • Parent trucking company
  • The company of the product they are moving
  • The owner of the truck, the leasing company
  • The truck driver

How Are Fatal Truck Accident Cases Handled Differently Than Other Wrongful Death Cases?

Due to the corporate association of most trucks on the road, these cases handled differently than other wrongful death cases because there are many factors that go into determining liability. For example, the maintenance of the vehicle has to be investigated as well as the hiring procedures, and whether or not the corporation was negligent hiring the driver.

Attorneys will look to see if the trucking company knew or should have known that this particular individual was unfit to be driving a tractor-trailer. They look at the training of their drivers, the maintenance of the vehicle, and the maintenance records of the vehicle to determine if the accident may have been caused by or if it was a contributing factor that they did not properly maintain the vehicle, such as having the brakes serviced regularly.

The attorneys will also look at supervision and whether or not they were allowing drivers to drive more hours than allowed by law. They look at the hiring practices of the company, the maintenance of the vehicle by the company, the supervision, and training of the driver by that corporation, which is completely different than another individual vehicle crashing into another vehicle.

Where are the Blind Spots on a Truck?

Trucks have much larger blind spots than the typical passenger car. Consequently, commercial vehicle operators have a responsibility to check these spots and ensure they do not collide with other vehicles. However, truckers do not always use as much caution as they should.

All drivers should know the common blind spots on a truck and avoid traveling in those areas. Someone driving an 18-wheeler will likely be unable to see in the following areas:

  • About 20 feet in front of the cab
  • About 30 feet behind the trailer
  • The left side of the cab
  • The entire right side of the vehicle

Being aware of blind spots is helpful, but drivers cannot always avoid traveling in these areas. As such, it is the trucker’s responsibility to check all of their blind spots when changing lanes or making turns. Anyone injured in a tractor-trailer wreck caused by obstructed vision should reach out to a nearby lawyer as soon as possible.

What are the Common Forms of Distracted Driving?

If an 18-wheeler operator takes their attention away from the road for even a split second, there can be devastating consequences. There are three main types of distractions that lead to accidents: visual, manual, and cognitive.

Visual distraction refers to taking the eyes off the road, while manual distractions involve removing one’s hands from the steering wheel. A cognitive distraction is anything that causes the driver’s mind to wander. Some of the most common examples of driving distractions include:

  • Eating
  • Lighting cigarettes
  • Adjusting the radio or temperature
  • Talking on the phone or texting
  • Talking to passengers
  • Looking at pedestrians, other drivers, or animals

Any of these distractions can cause a severe accident that leads to catastrophic injuries such as organ damage, head trauma, burns, and severe back injuries. According to the National Highway Traffic Safety Administration, distracted driving took 3,142 lives in 2019. Those suffering from the consequences of an accident with an inattentive truck operator could benefit from speaking with a lawyer in Rock Hill.