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Many 18-wheelers travel state roads every day transporting goods such as food and medical supplies. Though these vehicles are essential, they have the potential to cause dangerous accidents. Rollover truck accidents in Bluffton can lead to significant property damage and severe injuries.
An accident with an overturned tractor-trailer could put your health at risk and jeopardize your financial stability. Fortunately, you may be able to file a legal claim for damages. Our tenacious truck wreck attorneys could represent you throughout the process.
Why are Trucks Prone to Rollover Accidents?
The height and weight of most trucks make them easy to flip over during an accident. If a large commercial vehicle rolls over on its side, it could block entire roadways. When the contents of a trailer spill out in an accident, the approaching vehicles could encounter additional obstacles, creating a multiple vehicle pile-up.
Due to these potential consequences, it is crucial for truck operators to abide by state traffic laws and implement safe driving practices. In addition to general motor vehicle laws, the Federal Motor Carrier Safety Administration (FMCSA) imposes strict requirements on truckers and their employers.
These regulations contain laws concerning the maximum hours a trucker may drive, logbook adherence, vehicle maintenance, and training requirements. A lawyer who focuses on rollover tractor-trailer accidents could provide more information about the legal responsibilities of truckers and their employers.
Assigning Fault in an Overturned Truck Wreck in Bluffton
Truck drivers typically work for a corporation, and the law often extends liability to the employer when an employee’s negligence causes an accident. Any breach of traffic laws or trucking regulations could establish the liability of the driver or their employer. In addition to those two parties, other potential negligence parties may include:
- Other drivers
- Shipping companies
- Maintenance companies
- Vehicle manufactures
- Auto parts suppliers
A government entity may also be responsible for a rollover accident if poor road conditions or inadequate signage contributed to the crash.
Filing a Claim Against a Government Entity
Anyone who believes a government worker or organization is liable for their accident should act quickly. There are strict rules for notifying the government of the intent to sue and filing claims. Though most victims have three years from the date of an accident to file a claim, victims naming government bodies as defendants often have a shorter window of time.
How Does Partial Fault Impact a Case?
In some cases, the victim bears some responsibility for either causing the vehicle collision. Fortunately, South Carolina Code Annotated § 15-1-300 states that injured parties may not be barred from financial recovery due to partial fault. If the victim’s burden of responsibility is no more than 50 percent, they may still be able to collect compensatory damages.
Injured parties can, however, have their award reduced by the percentage of fault they bear. For example, if the injured party shouldered 30 percent of the blame, they would receive only 70 percent of the amount awarded. Those who are partially at fault for their accident should work with a local rollover truck wreck attorney for help establishing negligence.
Call an Attorney to Discuss Rollover Truck Accidents in Bluffton
Rollover truck accidents in Bluffton can cause severe physical and financial consequences. Our seasoned attorneys could help you obtain damages that adequately address the harm you suffered. Contact Schiller & Hamilton today to begin working on your potential case.