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According to the Federal Motor Carrier Safety Administration (FMCSA), some of the most common causes of truck accidents include issues with brakes, speeding, drug use, and driver fatigue. Any of these accident types can lead to serious or fatal injuries for victims in South Carolina.
A local truck accident attorney can explain the common causes of truck accidents in South Carolina and document the specific cause of yours. They will collect evidence that documents all contributing factors and identify all potentially liable parties. An added benefit of hiring a lawyer — their ability to focus on your case and save valuable time while you focus on getting better.
How Truck Accidents in South Carolina Occur
From driver error to issues with South Carolina’s roadways, accidents can occur for a variety of reasons. Some causes of truck accidents include:
Driver Error or Behavior
According to the most recent data from the South Carolina Department of Public Safety (SCDPS), there were 4,978 truck accidents resulting in 1,046 injured victims, 86 victims who met the serious injury threshold, and 75 fatalities. Driver behaviors that cause or contribute to truck accidents can include:
- Drowsiness or fatigue
- Drug or alcohol impairment
- Distracted driving
- Speeding or recklessness
- Disregarding traffic laws
Your truck accident attorney will compile evidence that supports your case and your right to financial compensation.
Vehicle or Parts Malfunctions
When a truck or its parts have a design or manufacturing flaw that contributed to the accident, your lawyer can seek compensation from the manufacturer. This can include the truck or its tires, brakes, or windshield wipers. Your lawyer will obtain truck inspection reports and repair and maintenance records.
Road and Weather Conditions
Potholes and other forms of road damage or faulty maintenance can lead to a dangerous accident. If a city or municipal agency was responsible for maintaining the street or highway where your accident occurred, your lawyer will pursue them for compensation. They will also explain how seeking compensation from a government entity affects notification and filing deadlines.
Cargo Loading Issues
The company who loaded cargo onto the truck that was involved in your accident can bear some liability if:
- The cargo was not properly loaded
- The cargo was not properly balanced
- The cargo was not properly secured
The cargo loader could be at fault if the cargo shifted during transport. They are also responsible for using incorrect strapping and failing to use enough or the right kind of tie-downs.
How a Lawyer Can Document the Cause of Your South Carolina Truck Accident
Identifying the right party to pursue in your case means documenting their negligence. Proving negligence means proving the at-fault party:
- Owed you a duty of care
- Breached their duty of care
- Caused your accident
- Caused you to suffer damages
When you are represented by a truck accident lawyer, they will collect and organize compelling evidence. They will also submit your evidence to the at-fault party and use its weight to steer your case toward a monetary settlement.
Collect Evidence that Proves the Accident’s Causes and Costs
Evidence in truck collision cases can be varied and diverse. To build the strongest possible case for financial recovery, your lawyer will collect evidence that runs on two tracks: the cause and costs of the accident.
Evidence that proves the accident’s cause can include:
- Accident report
- Accident scene photos
- Eyewitness statements
- Accident reconstruction
- Cargo loading records
- Trucker’s logbooks
- Trucker’s license
- Trucker’s training history
Evidence that proves the accident’s costs can include medical bills, proof of income, and vehicle repair or replacement estimates. It can also include your medical records and prognosis that prove the accident’s impact on your life.
Respect South Carolina’s Truck Accident Statute of Limitations
No matter how hard you work to prove your right to financial recovery after a truck accident, your case can be at risk if it is not filed on time. In general, S.C. Ann. § 15-3-530 gives you up to three years to file your lawsuit.
The filing deadline can be hard to meet since a variety of factors can cause it to fluctuate. Your lawyer can explain how they accurately interpret that filing deadline and fight hard to file your lawsuit on time.
Contact Our Truck Accident Team Now for Your Free Case Review
If you or someone you love was injured in a recent truck accident, our team at Schiller & Hamilton can help. We will explain the common causes of truck accidents in South Carolina and document the exact cause of your crash.
Are you ready to identify and pursue the at-fault party in your truck accident case? Contact our results-driven team today and learn more about how hard we go to bat for you.