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Whalen Montalvo

Greenville Truck
Accident Lawyer

Our Truck Accident Attorney Can Help You Win Compensation in South Carolina

Large trucks are difficult to maneuver, and when loaded with freight, they may take 20 to 40 percent longer to stop than a small vehicle. As a result, when trucks are involved in a crash with smaller vehicles, the consequences can be disastrous. Crash victims may wind up with catastrophic injuries such as head, back, neck, brain and spinal cord damage, paralysis, amputations, and broken bones, and injuries can lead to death. Survivors may be left facing mounting medical and rehabilitation costs at a time they cannot work, and life may never be the same.

If you or a family member was hurt or someone has died in a truck accident that was due to another party’s negligence or fault, you may be entitle to get compensation for your losses through insurance or a personal injury or wrongful death lawsuit. However, South Carolina laws regarding truck accidents are complicated, and trucking companies and their insurance companies have high-powered attorneys who will try to deny claims, or get you to accept as little as possible, so it’s difficult to get fair compensation without legal assistance.

The Greenville truck accident lawyer at Whalen Montalvo know the tactics insurance companies use and how to fight to get you a just settlement. We can take the burden off you by handling all investigations and negotiations involved with proving liability and recovering compensation, and we are fully prepared to take your case to court if necessary.

We provide a free consultation to discuss your case and determine the best way to handle it. There are no costs to you unless and until we win a settlement, so you have nothing to lose and everything to gain.

Call us today at (864) 770-7710 to get started.

How Our Greenville Truck Accident Attorney Helps You

Why Choose Us

Truck accident cases are complicated, as there are both state and federal regulations involved, so you should find an attorney you not only trust and feel comfortable with but who has the experience and resources needed to deal with large trucking companies and their insurers. Here are some reasons why we believe that Whalen Montalvo is your best choice:

  • We are experienced and know the needs of South Carolinians. Attorney Jamie Whalen grew up in Greenville, South Carolina, and has worked as a prosecutor, criminal defense attorney, ​and civil litigator. Attorney Eric Montalvo spent more than twenty years in the Marine Corps as a leader and Judge Advocate and is experienced as a military prosecutor, general counsel, criminal defense attorney and civil defense litigator. As a result, they know how the justice system operates for both plaintiffs and defendants.
  • We get results for our clients and you can read reviews from those we have helped.
  • Our achievements have earned us numerous firm and individual credentials, including selection of James M. Whalen by his peers for inclusion in the South Carolina 2021 Legal Elite and in the Irish Legal 100.
  • We deal and negotiate with insurance companies, so you won’t have to.
  • We offer free initial consultations to get you started.
  • We are accessible and available 24/7 for client emergencies.
  • We work on a contingency basis, so you pay us nothing unless we win and you get your money.

We Offer: Advocacy. Service. Results.

Our Truck Accident Lawyers Work for You

Our Whalen Montalvo truck accident attorney knows that time is of the essence when dealing with complicated truck accidents. When you have our legal team on your side, we will start working on your case immediately. We will:

  • Meet with you to discuss how the truck accident happened and who the at-fault parties may be, and determine what your case may be worth
  • Investigate the accident scene to gather and preserve evidence, such as from traffic camera videos, the truck’s black box records, and police, ambulance, and medical records and reports
  • Ensure the “chain of custody” so that evidence can be used in court without claims of evidence tampering
  • Interview witnesses and first responders
  • Obtain records from the trucking company, including the driving log notes and the truck’s “black box” that records all data, including speed, direction and braking action
  • Hire experts to reconstruct the accident and determine fault, and experts to testify as to the costs and extent of your injuries and the effects on your life into the future
  • Deal and negotiate with insurance companies and their attorneys for a fair settlement
  • Build your case and take it to court if necessary.

At Whalen Montalvo, we know the importance of collecting evidence quickly, before trucking companies are able to destroy it. Our clients are important to us, and we fight aggressively for the compensation they deserve.

Truck Accident Lawyer in Greenville Determines Liability

To win your case, our truck accident lawyers in Greenville must prove that another party or parties, (the defendants in the case) were negligent and at fault for causing the accident that injured you. Proving negligence legally means showing the existence of the following elements:

  • Duty: The defendant owed you a duty of care not to cause harm.
  • Breach: The defendant breached this duty by actions or failure to act.
  • Cause: This breach caused the accident that injured you.
  • Damage: You suffered damages as a result.

Truck accident cases are further complicated because often there are multiple parties who may have contributed to the accident. In addition to the driver of the truck, examples of other parties who may have liability are:

  • The trucking company responsible for hiring and training drivers and conducting safety inspections
  • The manufacturer of the truck or its parts, if these failed
  • A maintenance company that failed to make proper repairs to the truck
  • The cargo company that loaded the truck, if this was done improperly.

All these parties may have insurance and assets that can go toward a settlement, and they should all be named in a lawsuit.

Commercial vehicle drivers are required to maintain comprehensive records of the maintenance of their truck, their stops, routes, cargo weights, company hiring and training records and work hours. Our attorneys would utilize these records as evidence to determine what type of negligence contributed to the accident.

What Damages Can Our Greenville Truck Accident Lawyers Recover?

After a truck accident that was not your fault, our Greenville truck accident attorney will fight for an award called damages that covers your losses. In South Carolina, you may receive compensatory damages that consist of both economic and non-economic damages.

Economic damages are to cover monetary expenses that have an actual dollar value, such as:

  • Medical, rehabilitation, and caregiving costs
  • Lost wages and earnings, current and into the future
  • Property damage.

Noneconomic damages are for damages that don’t have a specific monetary value, but negatively impact your life. Examples include:

  • Pain and suffering
  • Mental and emotional distress
  • Disability
  • Loss of companionship or consortium
  • Loss of enjoyment of life.

Punitive damages. In some rare cases, punitive damages may also be awarded where an accident victim can prove that the defendant’s actions were willful, wanton, or reckless. These are intended to punish a defendant and to deter such behaviors in the future.

Amounts of Damage Awards

There are a wide range of amounts of damages — from the thousands to millions of dollars — that you may be awarded in a successful truck accident lawsuit. Amounts may depend on the circumstances of the case and factors that include:

  • Extent and permanence of injuries
  • Lost earnings and future earnings
  • Whether wrongful death was involved
  • Degree of fault of the defendants
  • Availability of insurance coverage and assets
  • The individual jurisdiction, judge, and jury if there is a trial
  • The skill and negotiating power of your attorney.

Truck Accident Attorneys in Greenville Answer Frequently Asked Questions

After a serious truck accident, you are bound to have questions and concerns. While these are best addressed at your initial consultation, to get you started, here are answers to some questions our attorneys are often asked:

Should I speak to the insurance companies?

No. While trucking companies are required to carry substantial insurance, insurance companies want to pay as little as possible. They may make a lowball offer to settle your claim quickly for less than it is worth, or try to get you to admit that you were at fault for the accident. Tell the insurance company to contact your attorney and let Whalen Montalvo handle negotiations to prevent costly mistakes.

Is there a statute of limitations on truck accidents?

Yes. South Carolina has a statute of limitations on truck accidents that with some exceptions, is generally three years from the date of the accident. If you file your claim after three years, the court will most likely dismiss your case.

What if I did something to contribute to the accident?

Even if you contributed to the accident, you may still be able to get a settlement, since South Carolina has a modified comparative fault rule. This means so long as they’re not more than 50% at fault, plaintiffs can recover damages, but damages are reduced by the percentage they are found to be at fault.

Are there caps on damage award amounts?

South Carolina does not impose limits, or caps, on the amount of economic or non-economic damages that you can recover in truck accident cases, except for cases naming government defendants.

What laws govern the trucking industry?

The Federal Motor Carrier Safety Administration (FMCSA) regulates the commercial trucking industry and has requirements such as limits on the amount of time a truck driver can work at one time and licensing requirements, and the South Carolina Department of Transportation has its own set of trucking regulations that provide additional requirements

When you have Whalen Montalvo on your side, you will have all your questions answered. Call us today to get started while evidence is fresh and witnesses can be found.

Get help from our truck accident attorneys in Greenville

If you or a loved one was involved in a trucking accident, call the skilled and experienced personal injury truck accident lawyers at Whalen Montalvo. Our legal team can help you recover evidence that is relevant to your claim, build a case, prove liability, and fight for the settlement you deserve.

We know what you are going through and will handle all legal hurdles and requirements so you can concentrate on your recovery. Call us today for your free, no-obligation consultation.

Get Help Now (864) 770-7710

James M. Whalen

I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.

I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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Get the best legal representation possible. Give the Greenville, SC attorneys at Whalen Montalvo a call today at (864) 770-7710 or use our online form.