Commercial Truck Accident Attorneys in Spartanburg

Each year, millions of semi-trucks roll through South Carolina delivering goods and materials to towns and communities throughout the Palmetto State. Commercial trucking is a $700 billion industry that employs more than 7 million people and accounts for more than 6% of all of the nation’s full-time workers. Needless to say, we depend heavily on the trucking industry to bring us the things we need to maintain the high standard of living we enjoy.

Although trucking is an essential part of our economy and way of life, large commercial trucks can also be very dangerous. When a tractor-trailer that weighs upwards of 80,000 pounds (when fully loaded) collides with another vehicle that weighs less than 10,000 pounds, occupants of the other vehicle usually take the brunt of it. In fact, of those killed in large truck accidents, approximately 67% are occupants of cars and other passenger vehicles, and another 15% are motorcyclists, bicyclists, and pedestrians.

If you or someone close to you was injured or killed in a commercial truck accident, you deserve to be fully compensated. Unfortunately, large trucking companies and their insurers usually fight very hard to avoid responsibility for the accident, and you need strong legal counsel by your side fighting hard to recover the compensation you are entitled to.

At the Nowell Law Firm, we understand that trucking accident injuries can take a major physical, emotional, and financial toll on victims and their families, and our goal is to make the legal process as smooth and seamless as possible. We work closely with our clients, putting our extensive experience to work and exploring every potential legal avenue toward securing maximum compensation.

Truck accident injury cases are more complicated than a typical car accident case. There are numerous laws and regulations that govern the industry, and there are also multiple parties that may share responsibility for a crash. A thorough investigation is required to uncover the important facts and pieces of evidence, and to get to the bottom of who is to blame. When you retain our services, we go to work immediately on your behalf to prepare a rock-solid case that puts you in the best possible position to obtain a favorable result.

Injuries from Large Truck Accidents

As mentioned previously, commercial trucking accidents can be some of the deadliest incidents that occur on our roadways. The sheer force upon impact when an 18-wheeler collides with a smaller vehicle can result in serious and catastrophic injuries. These may include:

• Head and brain injuries;
• Severe cuts, bruises, and lacerations;
• Whiplash and more serious soft tissue injuries;
• Back and neck injuries;
• Spinal cord injuries;
• Burn injuries;
• Fractures/broken bones;
• Amputations/loss of limbs;
• Rib and torso injuries;
• Internal injuries;
• Airbag and seatbelt injuries;
• Wrongful death.

The physical injuries are only part of the story. The trauma of colliding with a big rig truck can also result in major psychological issues as well; such as depression, anxiety, and post-traumatic stress disorder (PTSD).

Accident victims are not the only ones that feel the emotional effects of these injuries. Spouses, children, and others who are close to the victim are deeply impacted by them as well. When someone who was the breadwinner in the family is suddenly debilitated, finances become much tighter, and it can be very difficult for children to accept the fact that a parent who they see as a strong protector and guiding figure in their lives is no longer able to provide for them.

Common Causes of Trucking Accidents

Most truck accidents are caused by some type of human error. It could be negligence on the part of one or more drivers that are involved in the accident, or it could be at least partially the fault of a party that is not directly involved.

Some of the most common reasons that 18-wheeler accidents occur include:

• Distracted Driving: These days, motorists are faced with all types of distractions. Among the most dangerous are those that cause drivers to engage with their cell phones. Texting while driving and similar activities take a driver’s entire focus away from the road, causing them to miss important things, like cars entering their blind spots or pedestrians crossing in front of them.

• Aggressive/Reckless Driving: Excessive speeding, tailgating, running stop signs and stop lights, illegal or dangerous passing maneuvers, and other forms of aggressive or reckless driving put everyone on the road in greater danger. Sometimes, truckers are tempted to drive more aggressively in order to meet unrealistic deadlines imposed by trucking companies.

• Driving while Intoxicated: Some truckers turn to alcohol or various drugs to help reduce the stress of the job. Many other vehicle drivers also make the horrible and often fateful decision to get behind the wheel while under the influence of alcohol or drugs. It is well-known that chemical impairment inhibits a motorist’s ability to drive safely, and this of course increases the chances of an accident occurring.

• Driver Fatigue: Drowsy driving is the cause of tens of thousands of motor vehicle accidents each year. Truck drivers are particularly susceptible to driving while drowsy, because they spend long hours on the road, and they often drive during evening and overnight hours without having enough sleep. Drowsy and fatigued driving slows reaction times, and drivers in this state risk falling asleep behind the wheel, which can result in disastrous consequences.

• Overloaded/Unevenly Loaded Trucks: One common contributing factor to some trucking accidents is having too much weight inside the truck or uneven weight distribution. Cargo/shipping companies that load trucks are supposed to follow specific guidelines, but sometimes, they are in a hurry to get the truck out on the road or they want to squeeze in more cargo in one load in order to keep costs lower.

• Negligent Maintenance: Semi-trucks that are in full-service log thousands of miles over the road each month. With such frequent wear and tear, regular maintenance is critical in order to keep the truck running safely. Unfortunately, there is a temptation to cut corners on maintenance in order to keep the vehicles out on the road and producing revenue for trucking companies.

• Faulty Vehicles/Vehicle Parts: There are times when a vehicle defect contributes to an accident by causing a malfunction to happen in the wrong place and at the wrong time. Examples may include brake line failures, tire blowouts, and computer dashboard malfunctions.
• Driver’s Employer: some employers intentionally ignore FMCSA requirements and standards. If an employer forces a driver to skip breaks, drive more hours than they are legally allowed to, or skip maintenance checks, they may be held liable for any accidents that happen.
• Government Agencies: Government agencies are responsible for maintaining the roads, road signage, and safety features. When they don’t, they could have to pay damages for accidents that occur. Note, though, that filing a claim against the government is much different from filing a claim against an individual or company. The statute of limitations may be shorter, and the government may have immunity against certain lawsuits. Discuss this with an attorney if you believe road conditions caused your collision.

Pursuing a Truck Accident Claim in South Carolina

Those who are injured in a trucking accident that was caused primarily by other parties have a right to compensatory damages. These can be grouped into two general categories:

• Economic Damages: These are direct monetary losses the victim incurs, such as property damage, lost wages, loss of earning capacity, medical expenses, and funeral and burial costs.

• Noneconomic Damages: These are losses that are real but intangible and more difficult to quantify. Examples include physical pain-and-suffering, emotional distress, diminished quality of life, disfigurement, permanent disability, loss of consortium, and loss of companionship, care, and support.

In more limited cases in which the actions of the party (or parties) responsible for the injury were willful, malicious, or fraudulent, punitive damages may also be available. Also known as exemplary damages, punitive damages are not meant to compensate the victim, but rather to “punish” the wrongdoer and help discourage similarly egregious actions in the future.

South Carolina applies the modified comparative negligence legal doctrine. This means that an injured party can still recover damages as long as they are less than 50% at fault for the underlying accident. However, their damage award is reduced in proportion to the percentage of fault they share in the accident. For example, if you suffered a total of $200,000 in losses and your found to be 20% at fault, your damage award would be reduced by $40,000.

Because truck accident cases typically have a higher value than a car accident claim, you can be sure that the other side will be at work immediately to prepare their defense, and they will use any number of tactics in order to pin at least some of the blame for the accident on you. This is one of many reasons you should get an experienced lawyer involved sooner rather than later. Otherwise, your right to full and fair compensation could be jeopardized.

Tips for Driving Safely Near Commercial Trucks

Here are some tips for driving safely near commercial trucks, as well as what to do if you’re involved in a truck accident.

1. Pass Commercial Trucks with Caution

Many times, drivers in passenger trucks try to pass trucks by speeding up. However, commercial truck drivers may speed up as well when they’re traveling uphill or downhill. If you’re both speeding, or the truck driver isn’t paying attention, passing the wrong way could result in a crash.

Instead, make sure you signal properly and that there is plenty of space between you and the truck prior to passing. Then, pass the truck on the left since it’ll be easier for the driver to see you. If a truck driver wants to pass you, then stay to the right and slow down so that you’re not in their blind spot.

2. Use Your Signals

Since truck drivers may not be able to see other cars very well, it’s necessary for you to use your signal at all times. If it’s nighttime, a truck driver may be tired, and a signal will alert them as to what you’re doing.

3. Don’t Cut Trucks Off

If a truck is making a turn, don’t attempt to cut the truck off and make the turn first. You may have to speed up to do it, which is risky in and of itself, plus the driver may not see you in their blind spot.

4. Dim Your Brights

If you’re driving at night in a dark area, you may turn on your brights to see. This is perfectly safe until you see a truck. The brights may be too much for the truck driver to handle, and they could swerve their truck right into you. To avoid this, as soon as you see a truck, dim your brights and turn on your regular headlights until it passes.

5. Keep a Safe Distance

According to the Federal Motor Carrier Safety Administration, a fully loaded truck that’s traveling in good road conditions at highway speeds will need a distance of about two football fields to come to a stop. That’s why it’s critical to keep a safe distance at all times, whether you’re in front or in back of the truck. If a truck is speeding up behind you, signal and get over to another lane. If you’re getting too close to a truck from behind and it suddenly has to stop, you could crash into it.

      6. Avoid Blind Spots

A commercial truck will have a few different blind spots you need to be aware of.  These include 30 feet behind the truck, 20 feet ahead of the truck, two lanes wide on the truck’s right side and the lane on the driver’s side that extends back to half of the trailer’s length. Giving a truck plenty of space on the road will help you avoid the blind spots.

Contact Our South Carolina Truck Accident Lawyers Today

Being injured in a trucking accident can turn your whole world upside down, and if this has happened to you or a loved one, you cannot afford to be without skilled legal representation. At the Nowell Law Firm, we are ready to go to work for you! Call us today at (864) 469-2481 to schedule a free consultation with one of our attorneys. You may also message us online or stop by our Spartanburg, SC office in person. Or if you are physically unable to come to our office, we can come to you.