Rock Hill Truck Accident Lawyer

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 qualified Rock Hill truck accident lawyers 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.

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:

  • 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, are common causes of truck accidents.
  • Motor carrier—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.
  • Governmental 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 a 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 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. 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 put 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.

See What Our Clients Say About Us

You do not have to roll the dice about whether you are choosing the right law firm to handle your Rock Hill truck accident claim. You can read the glowing testimonials from our clients:

  • “I have used Schiller & Hamilton law firm multiple times over the last 15 years. Joel has done an incredible job at not only helping with my needs but going beyond in showing he cares about his clients. I have sent to many people to count to seek his assistants and they all explained how good he was too them. It is not just business but a lasting relationship/friendship. I would recommend Schiller & Hamilton to anybody over any other law firm.” Freeman W.
  • “I have been going to Joel for over ten years, and I have always had a great experience. The customer service is amazing, and his work ethic is unmatched. Joel is honest and goes out of his way to help his clients. I have comfort knowing that whenever I need help, Joel is just one phone call away.” Joycelyn W.
  • “I had amazing service at Schiller & Hamilton. We spent a lot of time together working on my case and they were kind, helpful and responsive. Charlie and his team did an amazing job closing my case, and winning! Highly recommend. Thank you for your help I’m very grateful.” Alexandria A.
  • “Treated me like family. Professional and took all the worry and paperwork from me and let me just worry about getting better. Checked on me even after case was over. Joel and Dana were great. The whole staff was super friendly.” Frank McL.

We work hard for our five-star Google reviews, and we are grateful to our clients who take the time to let others know how we helped them. 

What Can Happen if You Miss the Filing Deadline

South Carolina has laws called statutes of limitations that force you to file a lawsuit by a certain deadline or forever lose your right to seek compensation for your losses if your case is not settled before the deadline. The deadline can vary based on who you intend to sue. For example:

  • Under S.C. Ann. §15-3-530, the deadline to file a lawsuit seeking money damages for personal injury or wrongful death is three years.
  • The deadline is shorter if the at-fault party is a municipality. In that situation, S.C. Ann. § 15-78-110 sets the filing deadline at two years.

Negotiating with the at-fault party or their insurance company does not satisfy the statute of limitations. If the deadline is approaching, the only way to protect your rights is to file a lawsuit. 

Five Things the Insurance Company does Not Tell You After a Truck Collision

If you try to deal with the insurance company on your own, instead of working with a Rock Hill truck accident lawyer, here are a few things you need to know that the insurance company is unlikely to tell you:

You Can Negotiate with Them

Even if the adjuster tells you that it is a “take it or leave it” settlement offer, that statement is highly unlikely to be the truth. The adjuster’s supervisor will give him authority to settle your claim within a specific dollar range.

If the adjuster’s first offer is at the top of his settlement authority, he is unlikely to do his job successfully. Instead, the first offer is probably at the low end of his authorized settlement range.

You Should Finish Your Medical Treatment Before Settling Your Claim

The settlement value of your truck accident claim will include many factors, including the amount of your medical expenses. If you settle your claim before you complete your medical treatment, you will get less money than you would after the full amount of your treatment.

Also, until you finish your medical treatment and get released by your treating physician, you do not know if you will need additional medical intervention, like more physical therapy or surgery. If you settle your truck accident claim before getting released by your doctor, the at-fault party and their insurance company will not pay for that additional treatment.

It is difficult to predict early on whether you will have ongoing limitations or disability from your injuries. Those things have a dollar value as a part of your injury claim, but if you do not include them because you settle too early, you will forever miss out on that compensation.

There Will Only Be One Settlement Check

A common mistake is to assume that you can go back to the insurance company at a later date and ask for more money if you discover more problems or you forget to include things in your settlement negotiations. Unfortunately, when you settle your truck accident claim, you will not get the settlement check until you sign a document in which you waive all future claims against the at-fault party and the insurance company.

When you work with a Rock Hill truck accident lawyer on your claim, we can include all of your known losses in the settlement demand we send to the other side. Also, we will review all settlement documents to ensure that they are fair and reasonable.

Insurers Likely Can Access Your Social Media Accounts

You do not want to post anything on social media until your truck accident claim is over. The insurance company can access what you post, including comments and photos. They can take your words and photos out of context and use them against you. Sometimes, the insurer will use social media posts to blame the injured person for the accident.

It Is Not an Adjuster’s Job to Act in Your Best Interest

Insurance companies are not evil, but they do have a job to do. Their duty is to act in the best interest of their shareholders, which means that they must stay in business and make a profit. They make a profit by paying as little money as possible on claims.

No matter how friendly and cordial the adjuster might be toward you, you must keep this fact in mind. The insurer has many attorneys working for them, which puts you at a disadvantage. The only way to even the playing field and make the negotiations fair to you is to work with a lawyer.

What Are Some Unique Aspects of a Truck Crash 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 the truck driver to get hurt or 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 violating them contributed to a wreck.
  • There are often multiple parties 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 Attorney

If you or a loved one has been seriously injured in an accident involving a commercial truck, you need to talk to a skilled attorney as soon as possible. Our experienced Rock Hill truck accident lawyers can meet with you and explain your legal options for free. And we don’t charge anything unless we recover money for you.

You can contact Schiller & Hamilton today for an initial consultation at no cost to you.

Client Reviews

Recommend to anyone!

Title: Recommend to anyone!
N/A Schiller & Hamilton Law Firm 78 Sams Point Road
SC 29907
Phone: 1-800-825-2999

Client Description: My experience with Schiller & Hamilton Law Firm has been one of care and promptness. Down to recommending Beaver Chiropractic​ Care. Everyone involved in my case had been so thorough which has made the inconvenience of my accident more easier to endure. Thanks so much for all your help! I would recommend you guys to anyone!

Rating: ★★★★★ 5 / 5 stars

We at Schiller & Hamilton Law Firm hope you and your family are safe & well. We wanted to let our friends and clients know that we are currently working regular office hours. However, in an effort to decrease in-person contact we encourage our clients to schedule an appointment by phone or Zoom. If an in-person appointment is necessary please note our offices are locked so please call our office number upon arriving. Our plan is to continue serving you and your family and providing the same level of professional service you’ve always received from us.
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