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How Are Commercial Trucking Accident Cases Different From Auto Accident Cases?
Commercial trucking accidents are crashes involving any type of large truck, including:
- Tractor trailers,
- Delivery trucks,
- Mail trucks,
- Garbage trucks, or
- Any heavy truck that poses a serious risk to other drivers on the road.
How are these claims different from an “average” car wreck?
Commercial trucking accident lawsuits are more severe, cost the insurance companies or trucking companies more money, are hotly contested, and can quickly turn into complex litigation.
The insurance companies for trucking companies and truck drivers will do everything possible to avoid paying your claim or to pay less than your claim is worth, and they will retain South Carolina’s best insurance defense firms to shut down your injury claim.
You need a trucking accident attorney in South Carolina with the experience and determination to litigate your case and try your case to a jury when necessary to get full and fair compensation for your injuries.
You deserve the maximum compensation allowable under SC law for your trucking accident injuries. Templeton Mims & Ward, LLC has helped hundreds of clients recover damages and move on with their lives – put our experience to work for you.
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How a Trucking Accident Lawyer Can Help You.
When you call the trucking accident attorneys at Templeton Mims & Ward, LLC, we will:
- Meet with you, answer your questions, and make sure you know what to expect as we move forward with your case,
- Investigate the circumstances of the accident and gather evidence to prove liability and damages against the trucking company, the truck driver, and any other responsible parties,
- Demand full and fair compensation for your injuries,
- File a personal injury lawsuit and litigate your case, gathering additional evidence through discovery and depositions as the case progresses, and
- Try your case to a jury when the insurance companies and trucking companies refuse to pay.
An Eighteen-Wheeler Accident Attorney Who Cares About You and Your Case
Your trucking accident lawyer at Templeton Mims & Ward, LLC and our friendly, helpful staff will be there for you at every stage of your trucking accident claim from the day you first call us through the final stages of settlement or trial.
We will come to you for your initial meeting if you are hospitalized due to your injuries. When you have questions, we will answer the phone or promptly return your call with answers. We place a high priority on being there for our clients when they need us.
A Commercial Trucking Accident Lawyer with the Experience You Need
Consider a large truck accident attorney who has successfully helped scores of clients recover compensation through settlements or jury trials.
We know what needs to be done to investigate your crash, the trucking company, and the truck driver, and to gather the evidence you will need to prove liability and damages in your case. We know the defenses that the insurance companies are likely to raise, and we are prepared to take on the insurance defense firms that will try to shut down your claim.
We have access to the experts you may need to prove liability and damages, including:
- Accident reconstructionists,
- Trucking industry experts,
- Medical experts, and
- Life care planners.
Our goal is to recover the maximum compensation that you are entitled to under South Carolina law, and we will do everything that is legally and ethically within our power to help you.
Types of Commercial Trucking Accidents
The most catastrophic large truck crashes often involve eighteen-wheelers or tractor-trailer accidents, due to the sheer size and weight of these vehicles.
Eighteen-wheeler drivers and trucking companies are regulated by numerous SC and federal regulations.
Delivery Truck Accidents
Delivery drivers, whether it is an eighteen-wheeler delivering goods to the warehouse or a pizza delivery driver bringing someone their dinner, may be rushing to get where they need to be.
When a delivery driver cuts corners, exceeds the speed limit, or drives recklessly to meet their deadline or in hopes of a tip from their customer, they are liable for the damage caused by their negligence (and possibly punitive damages as well).
Mail Truck Accidents
Mail delivery trucks not only spend a lot of time on the road, but they often spend that time in residential areas where there may be heavy pedestrian and vehicle traffic.
If a postal carrier’s negligence causes your crash, they are liable for the damage caused, but you will need to file a special kind of lawsuit under the Federal Tort Claims Act or 42 USC Section 1983.
Garbage Truck Accidents
Like postal carriers, garbage trucks spend a lot of time driving in residential areas with heavy pedestrian and passenger vehicle traffic.
When a garbage truck driver’s negligence causes a crash or injury to someone, they are liable for the damage they caused.
When violations of state or federal regulations like the hours of service regulations result in injuries to other motorists, this is negligence per se and the trucking company, driver, and others are liable for the damage they have caused.
In some cases – when the garbage truck is operated by a municipality, your lawsuit will need to be filed under the State Tort Claims Act.
Like eighteen-wheelers and delivery truck drivers, large trucks pulling cargo trailers can cause serious damage to other motorists and pedestrians.
When a construction company hires a driver to pull a large trailer carrying structural steel, for example, an accident on the highway can result in catastrophic injuries when the truck crashes, rolls, or jackknifes.
Large Truck Accidents
Any large truck accident claim is likely to be hotly contested by the insurance companies and their defense attorneys.
If you have been involved in any type of accident with a large truck, commercial truck, eighteen-wheeler, garbage truck, mail truck, or delivery truck, contact an experienced trucking accident lawyer in Summerville immediately – before you talk to the trucking company or their insurance company.
Frequently Asked Questions
What Should I Do After a Commercial Vehicle or Large Truck Accident?
After a crash with a commercial vehicle or large truck, you should:
- Call law enforcement immediately to report the accident,
- Cooperate with the responding officer and make sure he or she has complete information for their accident report,
- Get medical attention immediately and follow the recommendations of emergency medical personnel and your doctors,
- When it is possible to do so safely, gather evidence at the accident location, including photos or videos of the damage to vehicles, injuries, and the roadway, and get contact information for any witnesses at the scene,
- Report the accident to your own insurance company,
- Do not talk to the trucking company or their insurance company, and do not give any statements to the trucking company or their insurance company, and
- Contact a trucking accident attorney in Summerville, SC as soon as possible after the accident.
Who Is Liable After a SC Trucking Accident?
Depending on the facts of the case, multiple defendants may be liable after a trucking accident, including:
- The truck driver,
- The trucking company,
- The owner or lessor of the truck,
- The manufacturer, distributor, or seller of defective truck parts,
- The person or company responsible for maintenance on the truck,
- The person or company responsible for loading the truck’s cargo, or
- Other third parties who are liable for the crash.
Are There Special Regulations That Truck Drivers and Trucking Companies Must Follow?
There are state and federal laws and regulations that apply to large trucks, commercial vehicles, eighteen-wheelers, trucking companies, and their drivers, including:
- Hours of service regulations,
- Drug and alcohol testing requirements,
- Limitations on cargo weight,
- Rules for securing cargo properly,
- Rules for hazardous cargo,
- Insurance coverage,
- Vehicle inspections and markings, and
- License endorsements based on the cargo and type of truck.
What Kinds of Damages Am I Entitled to After a Commercial Vehicle Accident?
Depending on the facts of your case, you may be entitled to:
- Your medical expenses, including your doctor’s bills, ER bills, ambulance bills, costs of surgeries, the cost of long-term care, and future medical expenses,
- Pain and suffering,
- Compensation for scarring or disfigurement,
- Emotional distress, mental anguish, and compensation for emotional or mental injuries like PTSD,
- Loss of consortium and loss of companionship,
- Wrongful death damages, and
- Punitive damages when appropriate.
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