Truck transport is regarded as one of the most efficient ways to deliver goods across the United States. Although they are an essential part of the U.S. economy, large commercial trucks can also be hazardous. Truck accidents cause thousands of severe injuries in the country and tens of hundreds of injuries in Charleston, SC alone. Even with the increased regulation in the trucking sector, accidents involving large trucks still occur due to various reasons.
Technically, truck crashes differ from passenger vehicle accidents in many ways, including;
- These accidents often involve commercial individuals who can bear liability for vehicles and the drivers' behavior.
- Large truck accidents often involve large commercial vehicles with a lot of weight and mass.
- Truck accidents involve highly trained, professional drivers who can bear high levels of responsibility than private drivers.
At Lesemann & Associates LLC, we understand that truck accident claims are complex and challenging to maneuver. Plus, the laws and regulations governing the trucking industry are many and complicated. And unlike in private vehicle accidents, multiple parties can share accountability for an accident caused by a truck.
Our Charleston truck accident attorneys have vast experience handling catastrophic injuries across South Carolina and take complex cases that most lawyers don’t want to handle.
What Are Your Rights to Financial Recovery?
If you or a loved one is injured in a truck accident that occurred due to someone’s fault, you may have a right to sue for financial compensation. There are many types of losses you can recover with the help of a truck injury accident lawyer in Charleston, including:
- Medical expenses – You can be compensated for the medical costs you incurred due to your injury. These expenses will also cover your future medical treatments and may include costs for physical therapy, medical supply, or hospital care.
- Pain and Suffering – Accidents involving trucks can be painful experiences that can cause trauma to the victims. If you suffered emotional harm due to a truck crash, you might receive compensation for pain and suffering.
- Lost wages – If you sustained serious injuries, you might spend more time out of your job to recover. In this case, you may be compensated for lost wages. Victims that are permanently disabled as a result of the accident may recover the loss of future income.
- Property damage – If your vehicle was severely damaged in the wreck, you might recover the cost of repair, replacement, and damages for destroyed items.
The first step to knowing the type of compensation you deserve for your damages is hiring an experienced truck accident attorney who specializes in trucking accidents. At Lesemann & Associates LLC, we have a robust team of truck accident attorneys to walk you through your legal recourse.
Who Can Be Held Accountable in a Truck Accident?
Many potential entities can bear legal responsibility for a truck wreck. However, the biggest challenge lies in establishing liability because it can point to multiple parties. This process usually requires in-depth investigations from various professionals.
Our lawyers can investigate your accident to determine who holds responsibility for your losses. Depending on your case, the following parties can bear responsibility for your accident.
- The driver – The truck driver can bear responsibility if they drove while intoxicated, fatigued, distracted, or was overspeeding.
- Shipping company – Under South Carolina trucking laws, commercial trucks must not be overloaded and should be packed appropriately, so the weight is distributed equally.
- The manufacturer – Sometimes, a truck accident can occur due to a defective part. In this case, the part manufacturer will be held accountable for the accident.
- Trucking company/carrier – The carrier may bear legal liability for the safety of its trucks and the driver’s actions. The company is expected to conduct routine maintenance to ensure its trucks are fit for the road.
What Is the Importance of Hiring an Attorney?
- Prove Liability
The first advantage of hiring a lawyer is to protect your rights and support your best interests. A qualified attorney can investigate your accident to determine the at-fault party and prove that the other party’s negligence caused your injuries or damages.
- Professional Knowledge of South Carolina Trucking Laws
Having an experienced lawyer on your side after a truck crash means you will have someone with a clear understanding of the legal structure concerning South Carolina traffic and injury laws. Your lawyer will have the knowledge to establish the laws that were broken and prove that the other party was responsible for the crash.
- Help You Negotiate with Insurance Companies
Trucking lawyers at Lesemann & Associates LLC have vast experience negotiating with insurance companies and their adjusters. We understand the tactics often used by adjusters to affect your claim, and we can walk you through to ensure you receive a fair settlement.
- Help Calculate Your Total Damage
After filing a personal injury claim, the insurance company may rush to grant you an offer (often lower than the true value) to try and settle your claim quickly. The simple rule of thumb is that you should not accept any offer from the insurer before determining the actual value of your damages.
At Lesemann & Associates LLC, we will review the facts around your case to ensure everything is accurately reflected. To establish the actual value of your claim, we will consider various factors such as medical expenses, property damage, lost wages, and more.
Contact Our Charleston Truck Accident Attorneys
At Lesemann & Associates LLC, we have many years of experience negotiating with insurance companies, investigating truck accidents, and obtaining desirable outcomes for our clients in and out of Charleston County. We rely only on facts to investigate and build a strong defense. If you need help with your truck accident case, contact us online or call us at (843) 724-5155 to discuss your case confidentially with Alden Stair, our lead truck accident attorney.
Truck Accidents FAQ
What Should You Do After a Truck Accident?
Being involved in a truck accident can be a scary experience. There are several crucial steps you should take following a truck accident to ensure your safety and well-being, protect your rights, and maximize your chances of obtaining compensation for your injuries. Here is what to do after a truck accident:
- Ensure your safety: If you are involved in a truck accident, the first thing to do is to ensure your safety and the safety of others involved. If possible, move your car to the safe side of the road and turn on the hazard lights.
- Report the accident to law enforcement: The second step should be to report the incident to the police. Reporting your accident to the police ensures that there is official documentation of the incident and can preserve evidence that will be used to determine the fault of the accident.
- Seek medical care: Even if you do not think you are seriously injured, it is best to seek medical attention after a truck accident. Seeking medical attention is important to ensure you receive proper treatment and discover any hidden injuries.
- Document the accident scene: Take pictures and videos of the scene, including the damage to your vehicle and any relevant road conditions.
- Hire a Charleston truck accident lawyer: Your lawyer will protect your rights and help you navigate the complex legal process.
Truck Accidents vs. Car Accidents
Although truck accidents share some similarities with car accidents, there are key differences between these two types of accidents. The main differences exist in terms of the following:
- Insurance coverage: Large commercial trucks usually have higher insurance coverage than regular motor vehicles due to the potential for greater damages. Truck insurance companies will most likely fight your claim.
- Investigation: Investigating commercial truck accidents requires extensive analysis and expertise. Evidence used in truck accident cases is also different.
- Regulations: The trucking industry is heavily regulated, with specific laws for truck drivers and companies. As a result, truck crashes can involve more complex legal issues than regular car accidents.
- Liability: Multiple parties could be liable for a truck accident. These may include the trucking company, the truck driver, cargo owners, and even the manufacturer if faulty equipment plays a role.
How Long Do You Have To File a Truck Accident Claim?
The statute of limitations to file a truck accident claim in South Carolina is three years from the accident date. Truck accident victims have three years from the accident date to launch a lawsuit seeking compensation for their injuries and damages.
However, there are certain exceptions and circumstances that can impact the time limit for filing a lawsuit. It is always advisable to consult with an attorney as soon as possible following a truck accident to understand the specific time limits that apply to your case.