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Evidence in Truck Accident Cases: What You Need to Prove Your Claim in Columbia, SC.

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Truck Accidents Can Have Devastating Circumstances

Accidents happen every hour of every day. When a truck is involved, the damages incurred can be exponentially worse than when a standard car is involved due to the sheer size and weight of a semi-truck, whether they have cargo on board or not.

Don’t settle for anything less than you deserve. After all, you likely have missed significant amounts of work while you tend to your injuries, and medical bills are piling up. This predicament can quickly cause financial duress, and you may be tempted to settle for what the insurance company or other parties are offering you. We would encourage anyone not to settle and instead to reach out for professional legal guidance.

Common Causes for Truck Accidents

There are several reasons that large trucks can be susceptible to accidents. If you look at it in the context of following the same laws as standard-sized vehicles, drivers of trucks can also be distracted while driving, choose not to adhere to laws, make reckless driving decisions, and more. All of which can lead to devastating accidents.

Additionally, if a truck has cargo that they are hauling and the load shifts during transit, this can cause the driver to lose control of the truck and trailer and roll or otherwise cause an accident.

Maintenance issues are another significant factor in truck accidents. If regular maintenance isn’t done and brakes or tires malfunction, an accident can happen quickly as a result.

Ideal visibility isn’t something truckers have either; it’s much more difficult to check a blind spot or view other drivers on the road when the truck is substantially larger than a standard vehicle.

Finally, due to the sheer size of the trucks, their ability to stop quickly or turn to avoid obstacles in the roadway is difficult. Even the most skilled drivers may struggle to navigate heavily populated roads.

What is Negligence and What Does it Mean to Truck Accidents?

Negligence refers to the standard that others would reasonably act in a similar situation. In South Carolina, a comparative negligence rule is in place, meaning that you may be eligible to recover damages even if you are partially responsible (but no more than 51%)for the accident.

The comparative negligence rule makes proving negligence for all parties even more crucial, as without sufficient evidence, you could be unjustly assigned a much higher percentage of fault and miss out on the opportunity to recover damages.

Proving Negligence in Truck Accidents

Thorough investigations can be done to provide sufficient evidence of negligence in all accident cases. Some examples are researching photos or videos taken directly after the accident or accident recreation to determine the causes.

Another angle to consider is looking into the driver and the company the driver is employed by. Truck drivers are under strict rules by the Federal Motor Carrier Safety Administration. Rules include truck operation hours, which require drivers to keep a log of the hours worked and hours rested to ensure lethargy isn’t a factor. They also are required to log regular maintenance. If this maintenance isn’t done or done efficiently, it can lead to mechanical issues or other safety issues, such as blowing a tire, brakes malfunctioning, and more. 

The driver’s employer may have also acted negligently in overlooking required training or ensuring their driver had a valid commercial driver’s license or regular medical checks. Other potentially negligent parties involved may be the person in charge of securing all cargo and whether the load shifting during transit directly led to the accident.

Furthermore, the truck’s manufacturer may have had a hand in the accident if it can be proven that parts of the truck malfunctioned due to a design or manufacturing flaw.

What Damages May I Be Eligible For Following a Truck Accident?

You may be eligible for compensation covering multiple damages after a truck accident. Some of the most common examples are economic and non-economic damages.

Economic damages are typically more tangible in that you can provide sufficient evidence through medical bills incurred, calculating lost wages, or damages done to your vehicle.

Non-monetary damages may include pain and suffering, loss of consortium, emotional distress, PTSD, and more.

Punitive damages may also be incurred, but they are much more rare. Punitive damages are meant to penalize the offender for incredibly reckless behavior and inhibit others from committing the same offenses. Not all cases are subject to punitive damages, but if one of the parties was driving while intoxicated, punitive damages may be in order.

Big Firm Experience With a Small Office Approach

Attorney Tyler Lee has over fourteen years of experience in one of the larger firms before opening his own practice, has vast experience in complex cases, and knows what to look for. As you can see above, proving negligence in an accident case is vital to your chances of recovering compensation.

Don’t settle for what the insurance companies or other parties involved are trying to get you to settle for. There is likely much more at stake. Let’s work together to determine the facts, and our office can take over the reins to continue communication with all relevant parties, negotiations, and fierce litigation on your behalf if necessary.

Contact our office today at (803) 855-1012 to set up a consultation. Our firm believes in treating all our clients and cases with the dignity and determination they deserve. Let us become your most fierce ally and work to help you avoid financial stress in the future.

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