300+ Google Reviews
While commercial trucks are an essential part of the economy in both South Carolina and the United States as a whole, roadway accidents involving these massive vehicles are often both costly and deadly.
If you or a loved one were severely injured due to the negligence of a truck driver or trucking company, a personal injury attorney at Schiller & Hamilton could help you file suit for comprehensive compensation. By speaking with a Fort Mill truck accident lawyer, you could get a better sense of what your legal options are and how you could best take advantage of them.
Determining Liability for a Truck Crash
In many auto accident cases, the matter of determining who is legally liable for damages the crash caused is as simple as identifying which driver violated traffic and/or safety rules prior to the incident. Sometimes, truck accident cases are this straightforward as well—a truck driver who causes a wreck because they were driving recklessly or while intoxicated by drugs or alcohol would seemingly be the obvious defendant in an ensuing civil case. However, an individual truck driver may not always be the best party to file suit against in terms of ability to pay out a damage award or settlement, nor are they necessarily the party who bears primary liability for a crash.
How Can the Doctrine of Respondeat Superior Impact Negligence?
Under the doctrine of respondeat superior, a Fort Mill truck accident attorney may be able to hold the company that employs a negligent trucker liable for the actions of their employee, on grounds that they failed to conduct a thorough background check or ensure proper training and monitoring of that employee.
When is the Trucking Company Directly Liable?
In other cases, a trucking company may be directly liable for causing an accident—for example, by forcing an employee to disobey federal regulations regarding consecutive hours on the road, leaving them too fatigued to drive safely. Likewise, a third-party company or mechanic could be liable for failing to secure a load or provide proper maintenance to a truck, if shifting cargo or a component failure directly causes a crash.
Potential Limitations to Recovery
Regardless of who is specifically at fault for a truck accident, recovering compensation for all applicable damages can be a complex ordeal. For one thing, legal precedent in South Carolina allows a court to proportionately reduce a plaintiff’s available compensation if they are found partially liable for causing their own damages. If the percentage of fault a plaintiff bears exceeds 50 percent, they would be ineligible to recover any compensation at all.
In addition, claims based on truck accidents are beholden to the same statute of limitations as other motor vehicle crash claims. If a plaintiff in Fort Mill or their truck wreck lawyer does not file suit within three years of the date their accident occurred as mandated by South Carolina Code of Laws §15-3-530, their case may be time-barred, leaving them unable to recover any compensation.
Get In Touch With A Fort Mill Truck Accident Attorney Today
Filing civil suit under any circumstances can be a confusing and stressful ordeal, but if the defendant is a large trucking company, you may have your work cut out for you trying to obtain a positive outcome for your claim. Fortunately, qualified legal counsel could help even the odds and put you on the right track towards a successful case outcome.
Hiring a Fort Mill truck accident lawyer could be the most important decision you make following an injury suffered in a wreck involving a commercial truck. Call today to learn more about what may be possible in your situation.