Accident victims may believe they know who caused their truck accident. However, South Carolina civil law requires proving liability in order to pursue compensation. It is simply not enough to point fingers at the responsible party. A thorough truck accident investigation may be necessary to identify all liable parties.
Proving liability in a truck accident claim or lawsuit is a complex process, and the trucking industry is a formidable opponent. If you suffered damages from a truck accident, consider scheduling a free consultation with an injury attorney today.
A tractor-trailer is a massive vehicle managed by a commercial truck driver. Truck drivers sometimes make poor decisions behind the wheel despite the required training.
In addition to driver error, there is the risk of mechanical failure. The breakdown of one part can cause a truck driver to lose control, striking the drivers in nearby lanes.
A truck accident lawyer determines if one or more of the following types of factors contributed to your crash:
Negligence involves a lack of duty of care. Driving too fast for weather conditions or failing to recall unsafe truck parts breaches the duty of care owed to other drivers. To identify all liable parties responsible for your truck accident damages, an attorney will:
The official police report from the accident generally contains valuable information. Such a report typically outlines what occurred as described by victims and witnesses. It also may include information regarding a truck’s failed inspection or other notes that indicate a possible mechanical failure.
Proving liability in a truck accident claim is a time-consuming process. The best step for victims following their crash is to consider contacting a truck accident attorney. Quick action by victims helps their attorney get to work soon after the crash, while witness memories are fresh and before evidence becomes lost.
The Federal Motor Carrier Safety Administration (FMCSA) governs trucking regulations. The administration establishes rules for topics such as truck weight and driver hours of service.
The maximum weight for a fully loaded tractor-trailer is 80,000 pounds. Commercial truck drivers must maintain control of such a heavy load for hundreds, sometimes thousands, of miles.
Hours behind the wheel and a monotonous highway place the driver at risk of reckless behavior to remain alert and focused. FMCSA regulations regarding hours of service aim to prevent careless actions by requiring breaks. However, limiting drive time and regulating mandatory breaks prevents tragedy only if:
Deliveries and load pick-ups define the trucking industry. It is a commercial truck driver’s responsibility to meet strict timelines and deadlines.
There is no way for another driver next to a semi to know any of the following about a tractor-trailer in the lane next to them:
Violating just one of the FMCSA’s regulations can have severe consequences for truck drivers. However, it takes just one careless truck driver to ignore the rules to deliver their load on time.
Defensive driving and federal regulations only go so far in protecting other drivers from dangerous tractor-trailers. If you suffered catastrophic injuries or lost a close loved one in a truck accident, you have options. A free consultation with a truck accident attorney allows you to learn more about moving forward with a civil claim or lawsuit.
It is easy to fault a commercial driver for a truck accident. After all, their actions behind the wheel determine the control of the tractor-trailer. However, there are potentially other liable parties in a truck accident claim. Negligence, and therefore liability, may lie with one of the following:
None of the parties listed above should ever cut corners to protect profits. One ignored safety detail in a driver’s background, a truck part or an overlooked inspection issue can devastate another driver’s life forever.
A Greenville truck accident attorney has the experience and skills to approach your case from all angles. They identify all liable parties and decide the best path toward compensation and justice for truck accident victims.
Truck accident lawyers protect victims from accepting less than they deserve. The trucking industry has tough insurers and lawyers who will fight to protect their clients. A low-dollar settlement offer is their attempt to appease accident victims. A truck accident lawyer knows better than to accept an amount unfair to a victim’s extensive damages.
A lawyer’s familiarity with the settlement negotiation process is invaluable for victims. Severe injuries place victims at a disadvantage when dealing with insurers alone.
Protecting your best interests is critical. Now is the time to fight for the best outcome possible, and to do so, consider consulting with a lawyer today.
At Whalen Montalvo Attorneys at Law, we apply our experience and skills to complex truck accident cases. Most cases settle without going to trial. However, should your case proceed to a South Carolina courtroom, James Whalen and Eric Montalvo are ready.
Choosing an attorney from our firm is a peace-of-mind decision for our clients. Our track record of helping victims of negligence is a source of pride for the entire Whalen Montalvo team. Let us apply the same dedication, determination, and focus to your truck accident case. Call Whalen Montalvo Attorneys at Law today at (864) 770-7710 to schedule your free consultation.
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.
