Commercial truckers play an important role in South Carolina and America’s economy. They’re absolutely essential for transporting goods and keeping our economy thriving. Unfortunately, semi-trucks, tractor-trailers, and other big rigs also create increased dangers for others on the road, including along I-385, I-85, and US-276 through Simpsonville and Greenville County.

If you or a loved one suffered harm in a collision with a big rig, a truck accident lawyer in Simpsonville may be able to help. At the Law Office of Rhett Burney, our personal injury attorneys are here to help you get the fair compensation you deserve. Contact our Simpsonville truck accident attorney today for a free consultation.

Are You Entitled to Compensation After a Truck Accident?

If you’ve suffered any harm following a collision involving a tractor-trailer or 18-wheeler, there’s a chance that you’re entitled to financial compensation.

However, this isn’t the case in all such accidents. That’s because the liability of a third party must typically be established. In a court of law, this usually means injury victims have to prove the following three elements:

  • Duty of care: Truck drivers, carrier companies, cargo loaders, and others involved in the industry have a duty not to act in such a way that may endanger others.
  • Violation of duty: Establishing that a duty of care exists is not difficult, but one must also show that this duty was violated in some way.
  • Harm resulting from violation: Violations of duty happen all the time, but they don’t always lead to harm. When they do, it’s possible that the victim may be entitled to compensation.

For example, truck drivers have a duty to not drive recklessly on America’s highways. If a driver decides to text while behind the wheel, they are in direct violation of this duty. Federal law specifically prohibits commercial drivers from texting while driving under 49 CFR 392.80.

However, no compensation is due if such actions never cause harm. If a trucker rear-ends another vehicle and causes injuries to its driver, though, their violation has led directly to harm. Truck crashes often cause serious harm, such as traumatic brain injuries and spinal cord injuries. In this and similar situations, accident victims should seek the help of a truck accident lawyer in Simpsonville.

Common Causes of Truck Accidents in Simpsonville

Many truck accidents on I-385, I-85, Fairview Road, and other busy Upstate routes can be traced back to preventable mistakes, including:

  • Driver fatigue and violations of federal hours-of-service rules, which generally limit property-carrying drivers to 11 hours of driving after 10 consecutive hours off duty under 49 CFR 395.3
  • Distracted driving, including texting and phone use
  • Speeding or following too closely
  • Improperly loaded or unsecured cargo
  • Poor brake, tire, or equipment maintenance
  • Inadequate driver hiring, training, or supervision

Attorney Rhett Burney explains more in our video on the common causes of trucking accidents.

Who Is at Fault for Commercial Truck Collisions?

When a large truck accident occurs, it’s common to immediately blame the trucker. When a truck driver is clearly at fault, there’s a strong chance that an experienced attorney can get a fair settlement on your behalf. This can often be done without going to court since insurance companies prefer to avoid costly litigation whenever possible. However, these insurers usually don’t make things easy.

In many instances, they’ll claim their drivers were not at fault. Even when the driver did nothing wrong, though, someone else in the trucking industry may still be responsible. What about carrier companies that don’t properly maintain their vehicles? What about cargo loaders who don’t ensure loads are balanced before departure?

Then again, perhaps an accident was due to unmaintained roads, and no one in the commercial transport industry is liable at all. Clearly, establishing liability in these personal injury cases can be complex. This is why you should speak with a Simpsonville truck accident lawyer at the Law Office of Rhett Burney today. We can help identify liable parties in your case.

Commercial truck accidents often involve multiple responsible parties. Apart from the truck driver, liability may extend to trucking companies, maintenance providers, cargo loaders, and even manufacturers of faulty truck parts. Learn more in our video on who is potentially liable for a truck accident.

Trucking companies have an obligation to ensure their vehicles are properly maintained and that drivers comply with federal safety regulations. Failure to uphold these duties can make them liable for accidents. Many interstate trucking companies hauling general freight are also required to carry at least $750,000 in liability coverage under 49 CFR 387.9, which is far more than most passenger vehicle policies.

Moreover, evidence such as maintenance records, driver logs, electronic logging device data, and cargo manifests plays a critical role in determining fault. Truck accident claims can be complicated by the involvement of insurance adjusters who aim to minimize payouts by disputing liability or the severity of injuries. Our firm understands how insurance companies handle accident claims and works diligently to protect your rights and seek maximum compensation.

In some cases, poor road conditions or distracted driving by other motorists contribute to collisions. Even if the truck driver is not at fault, victims may still be entitled to compensation. A thorough investigation is essential to uncover critical evidence at the accident scene, including witness statements and traffic camera footage. Review the steps to take immediately after a truck accident to help protect your claim.

Our Simpsonville truck accident lawyers are skilled in handling such complex cases involving multiple parties and legal nuances.

If you or a loved one has suffered injuries in a truck accident, do not delay in seeking legal advice. The sooner you consult with a knowledgeable Simpsonville truck accident attorney, the better your chances of preserving critical evidence and building a strong personal injury claim under South Carolina law. Contact our personal injury law firm today for a free consultation to discuss your case and explore your options.

What if You’re Partially Liable for an Accident?

One of the biggest mistakes made by personal injury victims is making assumptions. Sometimes they’ll assume no one was liable for their injuries. There are also times when they’ll think the harm they suffered, which can include emotional distress, doesn’t qualify for financial recovery.

Even worse, they’ll assume their own actions prevent them from receiving compensation. Fortunately, this isn’t the case in Simpsonville, SC.

South Carolina follows a modified comparative negligence rule, adopted in Nelson v. Concrete Supply Co., 303 S.C. 243 (1991). This means that truck accident victims can recover compensation as long as they’re not more than 50% at fault for their own injuries, although any award is reduced by their percentage of fault.

Therefore, you should never assume what you may or may not be entitled to. Our truck accident lawyers in Simpsonville can help you understand your rights and potential compensation. Attorney Burney discusses how partial fault affects a claim and how much a truck accident claim can be worth. Reach out today.

How Long Do You Have to File a Truck Accident Claim in South Carolina?

In most cases, South Carolina gives injury victims three years from the date of the accident to file a personal injury lawsuit under S.C. Code § 15-3-530. Shorter notice rules may apply if a government vehicle or agency is involved. Waiting too long can mean losing your right to compensation entirely, so it is important to act quickly. Read more about South Carolina’s statute of limitations for accident injury claims.

Truck Accident FAQs

Is a truck accident claim different from a car accident claim?

Yes. Truck accident claims often involve federal safety regulations, higher insurance limits, and multiple potentially liable parties, such as the driver, the trucking company, and cargo loaders. If your crash involved only passenger vehicles, visit our Simpsonville car accident lawyer page.

What evidence is important in a truck accident case?

Driver logs, electronic logging device data, maintenance and inspection records, black box data, dashcam footage, and witness statements can all be important. Some of this evidence may only be kept for a limited time, so contacting an attorney quickly can help preserve it.

Should I accept the trucking company’s first settlement offer?

Not without speaking to an attorney first. Early offers are often lower than the full value of a claim, especially before your medical treatment is complete.

Contact Our Truck Accident Lawyers in Simpsonville Today

Suffering a serious injury, being unable to work, and emotional trauma are often just the tip of the iceberg after involvement in an accident. Anyone who has gone through this understands how scary the situation can be.

The only thing more disheartening than finding yourself in this position is when you’re there due to the reckless negligence of other parties. Fortunately, this isn’t something you have to go through on your own. See what past clients say on our reviews and testimonials page.

At the Law Office of Rhett Burney, our truck accident lawyers in Simpsonville are prepared to help clients throughout Greenville County, including Greenville, Mauldin, and Fountain Inn. And since there’s no charge for your initial consultation, you have nothing to lose by reaching out. Contact us today at 864-689-4482 to schedule your free case evaluation. We’ll advocate tirelessly on your behalf.