By Alex Stalvey
If you or a loved one has been involved in an accident with a commercial truck, you understand how devastating these crashes can be. The size and weight of these trucks often result in severe injuries, emotional trauma, and significant financial burdens.
Understanding your rights and what steps to take in the event of this type of accident can make a critical difference in your recovery and ability to seek compensation.
The Growing Risk of Truck Accidents
With more trucks on the road than ever, the likelihood of collisions has increased, leading to life-altering consequences for victims. The American Transportation Research Institute (“ATRI”) and the Federal Highway Administration (“FHWA”), which track freight movement and vehicle miles traveled, estimates there are 1.8 to 2.5 million commercial trucks on U.S. interstates at any given time.
Add that to the fact that recent data from the National Highway Traffic Safety Administration (“NHTSA”) shows that fatal truck accidents are rising—there were 4,842 fatal large truck crashes in 2020.
Truck Accident Trends in South Carolina
Truck accidents in South Carolina have been a significant concern, with data indicating an upward trend in recent years. In 2020, the state recorded approximately 962 fatal crashes, with commercial vehicles accounting for 2.1 percent of total collisions but representing 9.4 percent of deadly incidents.
In 2021, 144 individuals lost their lives in truck-related accidents in South Carolina.
The bottom line: This is a troubling trend.
Truck Accidents vs. Regular Auto Accidents
- Severe Injuries and Long-Term Consequences
Due to their massive size, trucks obviously cause more damage than passenger vehicles in a crash. Victims often suffer from catastrophic injuries such as spinal cord damage, traumatic brain injuries, and broken bones, leading to long recovery times and costly medical expenses.
- Driver Negligence and Fatigue
Truck drivers often face unrealistic deadlines that push them to drive long hours without adequate rest. Even though federal laws limit driving hours, many drivers exceed these limits, leading to fatigue-related accidents.
- Distracted and Reckless Driving
In an earlier post, I spoke about the rise of distracted driving, and truck operators are not immune to this trend. Long hours on the road can lead some truck drivers use mobile devices, eat, or engage in other distractions while driving. Speeding and aggressive driving are also common factors in many truck accidents.
- Mechanical Failures and Poor Maintenance
Many trucking companies neglect proper vehicle maintenance to save costs, resulting in dangerous mechanical failures like brake malfunctions or tire blowouts.
Legal Liability in Catastrophic Truck Accidents
When a truck accident results in catastrophic injuries or fatalities, legal liability can become more complex.
Courts have increasingly held trucking companies accountable for negligence, especially when poor hiring practices, lack of training, or violations of safety regulations are involved. According to the SCDPS, truck drivers were at least partially responsible for more than half of all fatal and non-fatal accidents.
But trucking operators are taking notice and rest assured, are working hard behind the scenes to reduce, and even eliminate, their liability.
Additionally, liability may extend beyond the driver and trucking company to include manufacturers of defective truck parts, cargo loaders, or government agencies responsible for road maintenance.
Understanding these evolving legal trends is crucial when seeking full compensation for serious injuries.
In most cases, the company that employs a negligent truck driver can also be held liable for the loss of life following a tragic truck crash. This is because the law holds employers accountable for the negligent acts of their employees whenever they act within the scope of their employment.
Naming a trucking company in a fatal South Carolina trucking accident case is imperative because trucking companies have insurance policies with higher limits, meaning accident victims can collect full and fair compensation for what they’ve been through.
Your Legal Rights After a Truck Accident
Trucking companies and their insurers often try to minimize payouts, but an experienced truck accident attorney can help you fight for what you deserve. Compensation can fall under multiple categories, including medical expenses (current and future), lost wages and loss of earning capacity, pain and suffering, emotional distress, and property damage.
In some cases, families may also be eligible to collect punitive damages. Punitive damages are meant to punish a driver or trucking company for their especially egregious conduct and deter others from acting similarly. Although punitive damages are not available in every case, they can be substantial when awarded.
What You Should Do After a Truck Accident
- Seek Medical Attention Immediately
Even if you feel fine, injuries from truck accidents can be internal or delayed. A medical evaluation documents your condition and ensures proper treatment.
- Document the Scene and Gather Evidence
Take photos of your vehicle, the truck, road conditions, and any visible injuries. Collect contact information from witnesses and obtain a copy of the police report.
- Do Not Speak to Insurance Companies Without Legal Representation
Insurance adjusters may pressure you into accepting a low settlement. Consulting with a truck accident lawyer before making any statements can protect your case.
- Contact a Truck Accident Lawyer
An attorney specializing in truck accidents can help you build a strong case, negotiate with insurers, and ensure you receive the compensation you deserve.
How We Can Help
We understand the emotional and financial toll a truck accident can take. Me and my team have extensive experience in handling truck accident cases and fighting for victims’ rights.
If you or a loved one has been affected by a truck accident, call me. You don’t want to go at it alone and I want to be the legal advocate by your side.
