Truck crashes account for some of the worst road accidents. Thousands of Americans lose their lives to truck accidents, while many sustain injuries every year in South Carolina. The severity of truck accidents comes with another puzzling question, whom should you sue; the individual driver or company? A truck accident lawyer in South Carolina will give you more insights into how to go about truck accident cases.
Truck crashers present a more complex situation than most road accidents or personal injury cases. The industry operates under numerous laws. Several factors cause accidents of this nature, making several parties responsible for the crash depending on their direct or indirect role.
The Truck Driver
Truck driver negligence is among the primary contributors to road accidents in South Carolina. There are several forms of negligence, including;
- Reckless driving
- Over speeding
- Distracted driving
- Fatigue driving
- Driving under the influence (DUI)
- Ignoring Federal Hours of Service Regulation (FHSR)
FHSR puts a ceiling on the number of hours a truck driver is supposed to be on the road.
The Trucking Company
The driver’s employer can also share the blame for the accident. However, the company may dodge the blame by arguing that the driver was an independent contractor. It’s vital to investigate the relationship between the trucking company and the driver to determine if the former can share responsibility in the accident.
For instance, the trucking company can share in the responsibility of the driver carrying an identity bearing the company’s logo, or the truck had a placard with the company’s logo. The presence of these documents makes the company liable for the accident. Therefore, the claims about having an independent relationship with the contractor won’t apply here.
The Shipping Company
The shipping company comes in if there is evidence showing that the truck was overloaded. Partial responsibility in the accident will also emerge if the trucking company loaded the vehicle unevenly. Unevenly loaded or overloaded trucks are vulnerable to flipping or rolling in the presence of the slightest element, such as a slanting road. Accidents may also result from heavy winds or speeding.
The Mechanic
Trucks cover thousands of miles, shipping different merchandise from one point to another in a month. Mechanics play a crucial role in keeping the vehicle in good shape and safe on the road. In addition, regular maintenance ensures that trucks are safe.
However, the mechanics and other parties responsible for the truck’s maintenance may fail in their duties when servicing the trucks. The vehicle’s critical serviced parts, such as brakes, may fail to result in an accident. The mechanic will share the responsibility for such an accident.
The Vehicle Manufacturer, Assembler Or Designer
The truck or a defective part may play a role in an accident, especially when the truck is new. A failed vehicle or a defective vehicle can be traced to the manufacturer or designer. In such situations, the manufacturer is responsible for the accident. The lawyer can seek an automobile engineer’s assistance to establish the accident emanated from the defective parts or vehicle. Examples of vehicle parts and products that may cause an accident include;
- Tire bursts
- Failing brake lines
- Steering system failure
- Stalling, among others
Filing A Truck Lawsuit In South Carolina
You’ve seen the complex nature of truck accidents because of the several parties involved. The convergence of these factors may make your case more dramatic, especially without a seasoned lawyer. South Carolina has at-fault laws stipulating that the party responsible for the accident must pay for the resultant damages.
Truck accident victims can file at-fault injury cases for financial recovery from the damages and injuries resulting from the accident. However, it would help if you got insights into the parties responsible for the accident from the given list. Having an attorney by your side will enable you to realize who you should sue for the truck accident.
Truck accidents differ from ordinary car accidents. For car accidents, the other driver is responsible. You’ll, however, need to gather evidence and do more research about the accident to determine who to hold accountable. The several parties involved in the truck besides the driver require investigation to know the culprit.
You can sue someone for a truck accident and seek financial recovery for the injuries and damages. However, these types of accidents require more than typical road carnages. Find a lawyer conversant with this nature of cases and seek their legal advice to guide you on the path to filing a lawsuit. It’s challenging to navigate the journey alone.