South Carolina Truck Accident Lawyers

Our South Carolina Truck Accident Lawyers Will Fight for Maximum Compensation for Your Injuries

Truck accidents are among the most serious auto accidents, often leaving victims with severe physical and emotional injuries and causing them to incur substantial financial losses. Sadly, many truck accident victims face challenges from insurance companies who try to lowball or deny claims to maintain profitability.

Our South Carolina law firm has extensive experience helping accident victims pursue full and fair compensation for their injuries. Our accident attorneys are familiar with the unethical tactics that insurers often have and will fight to protect your legal rights.

Our South Carolina truck accident lawyers offer skilled legal representation and guidance through the complexities of truck accident claims. If you or a loved one have suffered truck accident injuries after a collision, contact our law firm immediately to schedule a free case evaluation.

At Schiller & Hamilton Law Firm, we help victims and their families throughout Bluffton, Beaufort, Fort Mill, Gaffney, Hilton Head, Lancaster, Rock Hill, and York County hold the at-fault party liable for any damages resulting from their actions. Our South Carolina truck accident lawyers will listen to the details of your case and help you take legal steps to try and recover compensation for damages.

Why Do I Need to Hire a Truck Accident Attorney to Help Me File a Claim?

After being injured in a truck crash, you may be feeling overwhelmed and trying to recover from your injuries. Schiller & Hamilton Law Firm recognizes that accident victims need time to focus on rest and recovery without worrying about dealing with the insurance company.

One of the best steps you can take to try to recover compensation for your injuries and other accident-related expenses is to hire a truck accident lawyer who will act as your legal advocate. When you come to us for help, our attorneys will begin by thoroughly investigating the accident to determine liability. In truck accident cases, the truck driver, trucking company, a third-party mechanic, a cargo loader, or the truck or parts manufacturer may be liable, depending on the circumstances.

Our accident attorneys use our deep understanding of state and federal trucking regulations to build a solid case to prove negligence. We have the legal and financial resources to collect and analyze evidence, including accident reports, witness statements, and, if necessary, expert testimonies. Our meticulous approach ensures we hold all responsible parties accountable.

Moreover, our lawyers negotiate with insurance companies to secure fair compensation for your losses. Our years of legal experience help us recognize insurers’ tactics to minimize payouts and counter them effectively. Schiller & Hamilton Law Firm aims to ensure adequate compensation for medical expenses, lost wages, pain and suffering, and other damages.

However, if the insurance company is unwilling to offer a fair settlement, an attorney will represent you in court, presenting a compelling case to the judge and jury. We provide compassionate support throughout the process, keeping you informed and involved and making the legal journey less daunting.

What Should I Do After a Trucking Accident

After a trucking accident, immediate and appropriate actions are crucial for safety and legal considerations. First, ensure your safety and that of others by moving damaged vehicles to a secure location. Next, call emergency services to report the incident, and if there are injuries, request that emergency medical responders be dispatched to the scene.

Seek medical attention, even for minor injuries, as some symptoms may appear later. Document the scene by taking numerous photographs and videos and noting details like the truck’s license plate and company name.

Exchange contact and insurance information with the truck driver but avoid discussing fault. Gather witness statements and contact details if possible. However, one of the most critical actions you must take is to seek medical attention immediately, even if you do not believe you are injured. In some instances, truck accident victims sustain internal injuries that may not be evident but can be life-threatening if not treated.

One of your final steps will be to promptly notify your insurance company of the accident so that the claims process can begin. Also, keep records of all related expenses and communications.

You should never post any details or photo evidence of the accident on social media. Insurance companies often search social media accounts for statements or photographic evidence that they can use to deny or offer less than claims are worth.

After you have taken care of all the other details, contact Schiller & Hamilton Law Firm to schedule a consultation with an experienced truck accident lawyer. Our lawyers have extensive experience handling trucking accidents and understand your legal rights and options. Following a trucking accident, these steps safeguard your health, legal rights, and financial interests.

What are Common Truck Accident Injuries?

Truck accidents can result in a variety of severe injuries, which can have long-lasting impacts on the victims. Common injuries our South Carolina truck accident lawyers see include:

Traumatic brain injuries: These result from hard impacts to the head, leading to potential cognitive impairments and long-term neurological issues
Spinal cord injuries: Such injuries can range from minor nerve damage to complete paralysis, drastically altering a person’s life
Broken bones: The immense force involved in truck collisions often leads to fractures that can be complex and require extensive treatment
Internal injuries: These are particularly dangerous as they may involve internal bleeding and damage to vital organs, necessitating immediate medical attention
Psychological trauma: Apart from physical injuries, victims frequently suffer from mental health issues like post-traumatic stress disorder, impacting their overall well-being and daily life

Other common truck accident injuries include soft tissue injuries, abrasions, and head, neck, and back injuries. In other instances, some victims involved in fatal truck accidents lose their lives, leaving families scrambling to try and pick up the pieces of their lives. These injuries demonstrate the potential gravity of truck accidents and underscore the importance of safety and the need for comprehensive medical and legal assistance for those affected.

If you have suffered truck accident injuries due to negligence, you will most likely need extensive medical care to recover. If you have been injured in a semi-truck crash, contact our law firm to learn more about our legal services and how we can help.

What are the Potential Causes of Tractor Tractor-Trailer Accidents?

Tractor-trailer accidents can result from various factors, often involving complex interactions between the driver, the vehicle, and the environment. Driver fatigue is a significant cause of truck accidents, as long-haul drivers may become drowsy, leading to reduced reaction times and impaired judgment. Inadequate training and experience can also contribute to crashes, as handling large commercial vehicles requires specialized skills.

However, speeding and reckless driving are two of the most common causes of tractor-trailer accidents. Drivers sometimes exceed speed limits or engage in dangerous maneuvers to meet tight schedules. Drunk driving or distracted driving can also lead to victims suffering serious injuries, especially when commercial vehicles are traveling at high speeds.

Vehicle-related issues, such as poor maintenance, can lead to brake failures, tire blowouts, or other mechanical problems, increasing the risk of accidents. Overloading or improper cargo loading can cause instability and make the trailer difficult to control. Weather conditions, including rain, snow, ice, and fog, can negatively impact visibility and road traction, challenging even experienced drivers.

Finally, road conditions can contribute to accidents involving large trucks. Potholes, uneven road surfaces, and inadequate signage can create hazardous driving situations. Other road users’ actions, such as abrupt lane changes, failure to maintain safe distances, or driving in a tractor-trailer’s blind spots, can also lead to collisions. These factors alone or combined can significantly increase the likelihood of a tractor-trailer accident.

Schiller & Hamilton Law Firm has the legal and financial resources to investigate your accident and determine what factor played a role in the collision. Our dedicated team of legal professionals is passionately committed to helping your family receive the justice you deserve after the death of your loved one.

Who Was at Fault in My Truck Accident?

Determining fault in your truck accident depends on various factors and will be unique to each case. After a truck accident, there is typically a thorough investigation to determine liability. Though many accident victims believe that a negligent truck driver is to blame, several other entities may also be held responsible. Some of the factors that must be evaluated in a semi-truck accident include:

Whether the truck driver is liable due to negligence or reckless driving
If the trucking company could be responsible for inadequate training or violating safety regulations
Determining whether a third-party mechanic might be at fault for improper maintenance
If the cargo loader could be liable for incorrect or unsafe loading practices
Determining if the truck or parts manufacturer may be responsible if a defect causes the accident

The insurance companies and a truck accident lawyer will investigate to determine fault. One of the first items that will be examined is the truck’s Electronic Logging Device (ELD). A semi-truck driver uses the ELD to log their driving and off-time, which will demonstrate whether the driver operated their commercial vehicle over the Hours of Service (HOS).

Insurers and accident attorneys also focus on police reports and witness statements. A police report usually identifies who law enforcement believes to be at fault based on evidence gathered at the accident scene. Additionally, witness statements play a substantial role in helping investigators understand the events that led to the truck crash.

Skilled accident investigators can also conduct damage assessments on all vehicles, providing a concise understanding of the accident’s severity. Finally, truck maintenance records may be accessed to reveal whether the vehicle experienced mechanical issues that could have contributed to the accident.

How Do Trucking Companies Contribute to Commercial Vehicle Accidents?

In many truck accident cases, many victims and their attorneys focus on the truck driver. Although truck driver negligence is a leading cause of commercial vehicle accidents, trucking companies also play a significant role.

For example, a trucking company may pressure its drivers to operate their vehicles against the federal regulations called Hours of Service (HOS) rules, which govern how long they can drive each day. One of the most common reasons a trucking company will pressure a driver to deliver their load early is so they can proceed to the next pick-up.

However, studies have proven that truck drivers operating their vehicles without the proper amount of rest are comparable to drunk drivers. A fatigued truck driver can make critical errors when operating 18-wheelers, especially at night, which can have devastating consequences for those traveling in a smaller passenger vehicle.

One of the most significant advantages of hiring a truck accident attorney is that they have the legal resources to obtain records from the truck’s Electronic Logging Device (ELD) and trucking company records that prove negligence. Finally, commercial trucks are also equipped with “black boxes” similar to those used in planes that can indicate how fast the truck was traveling at the time of the accident when any braking may have occurred.

Truck accident cases can be complex and require the help of an experienced attorney who can evaluate every aspect of the crash. Our law firm has in-depth experience analyzing truck accident data. Commercial trucking companies have attorneys who work hard to limit or minimize claims. Contact Schiller & Hamilton Law Firm today to learn more about our legal services.

Can I Still Recover Compensation if I Am Partially At Fault for a Truck Accident?

Although many truck accident cases are caused by negligent truck drivers and other associated entities, there are times when accident victims share a degree of fault. South Carolina follows a modified comparative negligence doctrine, meaning that even if you are partially to blame for causing an accident, you may still be able to recover financial compensation.

Under the law, accident victims may still be able to recover damages as long as they are determined to be 50% or less at fault for the crash. The final compensation that an accident victim receives will be reduced by the percentage of fault they are assigned for the accident.

For example, suppose a truck accident victim is awarded $250,000 after a collision. However, the victim was also deemed 20% at fault for causing the accident. The accident victim will take home $200,000 for their final settlement.

Due to state law, many insurance providers try to blame accident victims, arguing that they are over 50% at fault and, therefore, ineligible to recover damages or lower their compensation. It is important to note that trucking companies face countless lawsuits annually. As a result, most trucking companies and their insurers have legal teams whose only job is to fight claims.

Hiring an attorney is one of the best ways to protect yourself against the unethical tactics that insurers often use to protect their profitability. A truck accident attorney will protect your legal rights and gather evidence substantiating your claim.

Why Should I Hire a Truck Accident Lawyer to Deal With the Insurance Company?

If you have been injured in an accident, the at-fault driver’s insurance company has probably already contacted you. One of the most critical mistakes that many accident victims make is dealing with the insurance company without the help of a knowledgeable attorney.

One of the most common misconceptions is that insurance companies are only concerned about the well-being of claimants. However, in many instances, insurance companies are more concerned with making a profit for their stockholders.

To save money, insurers often use different tactics to try and pay less than claims are worth or deny them altogether. For example, an insurance adjuster may have already contacted you regarding the accident. It is best to allow a truck accident attorney to act as your legal advocate instead of trying to do so alone. The adjuster may quickly offer you a settlement, which may seem tempting, especially if you face expensive medical bills. However, a quick settlement will likely not account for your future medical expenses and will not include damages for pain and suffering.

The other strategy an insurance company may use is to ask you to make a recorded statement providing accident details. The adjuster may tell you that your case can be settled more quickly once you agree to provide your statement. However, South Carolina law allows insurance providers to use victims’ statements against them to try to reduce or deny claims.

When a lawyer is representing you, they can deal with the insurance company and ensure that any settlement they offer adequately provides for your current and future needs.

What Are Damages Awarded for Truck Accidents?

Damages refer to the losses you incurred from the accident and resulting injuries. Our South Carolina truck accident lawyers will identify all recoverable damages to ensure your settlement or award adequately reflects the economic and noneconomic damages available from your accident.

Economic Losses

Given the severity of truck accident cases, especially for victims in smaller vehicles, the economic damages can be substantial. These include the quantifiable losses associated with your case:

The cost of current and future medical care, including medications, hospital stays, outpatient treatment, medical devices, surgeries, and future treatments
The wages lost due to loss of employment opportunity or missed work during recovery, including loss of earning capacity
The cost of repairing or replacing your damaged property
The cost of any necessary replacement services during recovery, including in-home assistance or childcare

Our South Carolina personal injury attorneys will work with you to collect all the evidence necessary to prove these losses. Evidence may include medical records, bills, pay stubs, tax returns, professional estimates, and applicable receipts.

Noneconomic Losses

Noneconomic damages cover the psychological impact of a truck accident, which can be devastating for victims, causing debilitating mental and emotional issues. Common examples include:

Pain and suffering from physical injuries and treatment
Emotional distress and mental anguish
Post-traumatic stress, anxiety, and depression
Loss of enjoyment in life
Loss of consortium, specifically for victims experiencing a disruption in their intimate relationship with a spouse

Proving these losses is more challenging than proving economic losses. When you work with a truck accident lawyer in South Carolina from our firm, we understand the precedents for similar cases. As a result, we will ensure your claim reflects reasonable requests for compensation.

Can Truck Accident Victims Recover Punitive Damages in South Carolina?

South Carolina law allows truck accident victims to try and recover punitive damages if it can be demonstrated that the defendant acted with a willful, wanton, or reckless disregard and endangered the safety of others.

However, unlike compensatory damages, which cover economic and non-economic damages, punitive damages are awarded to punish the wrongdoer and encourage others not to repeat the same behavior.

Under the law, the plaintiff has a high burden of proof and must present clear and convincing evidence that the truck driver or their company knowingly violated safety regulations that placed others in danger and were done out of malice.

In South Carolina, punitive damages are capped at three times the amount of any compensatory damages awarded or $500,000. However, exceptions may be granted if the truck accident involves drugs, alcohol, or a criminal action. Additionally, a judge may increase punitive damages to four times compensatory damages or $2,000,000 if the jury awards an accident victim a settlement that is higher than the limit.

A knowledgeable truck accident attorney can determine if you may be eligible to recover punitive damages. Allow our law firm to evaluate the evidence in your case to help you obtain all the damages you may be entitled to recover. Contact Schiller & Hamilton Law Firm today.

How Do Catastrophic Injuries Affect Truck Accident Claims?

Like car accidents, truck crashes can result in devastating injuries for accident victims. In many instances, truck accident victims suffer catastrophic injuries that can leave them permanently disabled and often in need of lifelong medical care.

Catastrophic injuries include:

Traumatic brain injuries
Spinal cord injuries
Organ loss
Amputations
Severe burns

Even though catastrophic injuries are readily apparent, many insurance providers fight hard to reduce claims by arguing that victims are to blame for causing accidents. One reason is that truck accidents involving catastrophic injuries may involve significant financial settlements.

As a result, families of those who have suffered life-changing injuries are often left trying to figure out how they will pay for expensive medical care and other accident-related damages. However, a skilled personal injury lawyer can fight to help you recover maximum compensation for your injuries that will meet your current and future financial needs.

Our truck accident attorneys will not allow the insurance company to try to blame you for the accident. Instead, we work to gather critical evidence that substantiates your claim so we can work to recover maximum compensation on your behalf. Allow our dedicated attorneys to represent you with the insurance company to ensure you are treated fairly. Contact our South Carolina law firm immediately to schedule a consultation to discuss your legal options.

How Long Do I File a Truck Accident Claim in South Carolina?

South Carolina’s statute of limitations allows truck accident victims to file a personal injury claim up to three years after the accident. If you have been injured in a truck accident and fail to file within the three-year time limit, you risk having your case dismissed by the court. Once a case is thrown out, the plaintiff loses all legal recourse to recover compensation even if they had a valid claim.

However, specific situations may “toll” or extend the three-year statute. These exemptions include:

The victim was under 18 at the time of the accident
The individuals determined to be at fault for the accident left the state
The victim was declared insane at the time the accident occurred

Although three years may seem like enough time to recover and file a claim, you should never put off filing an accident claim. The state’s statute of limitations ensures that individuals do not have to live indefinitely with the threat of legal action. It also helps to ensure that critical evidence is available. In many cases, surveillance and other video footage can quickly be overwritten and disappear. In other instances, witnesses move away, or their memories fade.

No one ever wants to be injured in a truck accident, and the best step you can take to protect yourself is to hire an attorney who will fight to help you recover damages for your losses. The sooner you start the claims process, the sooner you can resolve your legal issues and resume your life. Our South Carolina truck accident attorneys can assist you with your legal needs and help you get started on the claims process.

Will My Personal Injury Case Have to Go to Trial to Be Resolved?

Many accident victims who have been injured in truck accident cases mistakenly believe that their case will have to go to court for them to recover compensation. However, negotiations between insurance companies and personal injury attorneys resolve most personal injury cases.

Studies show that injury victims who obtain qualified legal representation recover significantly more compensation than those who choose to handle their cases alone. South Carolina personal injury law can be confusing, and insurance providers often take advantage of those who lack legal representation.

When you hire an attorney to assist you with a truck accident claim, your legal representative will act as your legal advocate with the insurance provider to negotiate a fair settlement. When you hire an accident attorney, they can professionally evaluate your claim to maximize the compensation you may be entitled to recover.

However, if negotiations fail, your attorney will file a truck accident lawsuit to recover damages. Even if a case is scheduled for trial, the legal issues can still be resolved between your accident attorney and the insurance provider, resulting in a financial settlement.

Being injured in a semi-truck crash can have long-lasting consequences for you and your family. Our truck accident attorneys have in-depth experience obtaining fair compensation for victims. We will not allow the insurance company to try to bully you into taking a smaller settlement or blame you for the accident. Contact Schiller & Hamilton Law Firm immediately so that we may begin the claims process on your behalf.

What Can Our Family Do if a Loved One Was Killed in a Fatal Truck Accident?

Motor vehicle accidents involving large commercial vehicles and passenger cars can be deadly due to their size and weight disparities. Unfortunately, fatal truck accidents occur daily in South Carolina, and many victims lose their lives due to another person’s negligence.

In South Carolina, a family may file a wrongful death claim if the circumstances are such that the accident victim could have filed a personal injury lawsuit had they lived.

If you have tragically lost a loved one in a fatal truck accident, you may be entitled to try and recover economic and non-economic damages. However, South Carolina has specific laws that dictate who is allowed to file a wrongful death claim.

Under state law, only the personal representative named in the deceased’s will can initiate a wrongful death lawsuit. The court will appoint one if the deceased dies without leaving a will. Family members such as spouses, children at least 18, a parent, or close friends may be appointed.

Some of the damages that you may be able to recover after the death of your loved one include:

Reasonable funeral and burial expenses
Lost wages
Loss of earning capacity
Loss of household services
Emotional trauma
Loss of companionship
Compensation for medical bills incurred by the deceased due to their fatal injuries

Just as with other accident claims, insurance companies often try to blame victims for causing fatal accidents. Truck accidents that result in fatal injuries often result in large payouts for victim’s families, and insurance providers do everything in their power to try and reduce settlements to protect their bottom line.

Regardless of the circumstances involved in your loved one’s death, you need a personal injury lawyer who understands the intricacies of wrongful death claims. Our attorneys recognize that no amount of money can bring your loved one back. However, often, the only way to hold negligent parties accountable for their actions or inactions is to file a wrongful death claim to try and recover compensation.

Why Should I Trust Your South Carolina Truck Accident Lawyers to Handle My Personal Injury Claim?

At Schiller & Hamilton Law Firm, we understand the severe physical, emotional, and financial consequences that truck accident victims and their families can face after a serious crash. We focus on fighting to protect our client’s rights and ensuring they have everything they need to restore losses resulting from someone else’s negligence.

In a truck accident settlement, you can receive various compensatory damages. These include medical expenses for treating injuries, lost wages due to time off work, and compensation for pain and suffering. Additionally, you may get reimbursement for property damage and costs related to long-term rehabilitation or disability.

Client satisfaction is paramount at our firm, which is dedicated to delivering exceptional legal services and positively impacting our clients’ lives. If we agree to take your case, we will file a claim to help you pursue economic and noneconomic damages, deal with the insurance company, and obtain the peace of mind you need to face the future confidently.

Schiller & Hamilton Law Firm serves Bluffton, Beaufort, Fort Mill, Gaffney, Hilton Head, Lancaster, Rock Hill, and York County. Contact our South Carolina law at 803-902-4583 to schedule your free consultation with a South Carolina truck accident lawyer today.