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Whalen Montalvo

Spartanburg Truck Accident Lawyer

Commercial trucks are large forces on South Carolina roads and highways. The sheer size and weight of a tractor-trailer beside your vehicle is intimidating. In the event of a traumatic collision, the impact is generally devastating and often deadly.

Victims of truck accidents caused by negligence have options when pursuing compensation for their damages. A Spartanburg truck accident lawyer may be able to help you hold the liable parties accountable for your significant and unjust life changes.

Commercial Truck Accident Negligence

Reckless drivers and truck issues contribute to negligence.

Commercial truck drivers spend hours behind the wheel and under strict deadlines to meet scheduled deliveries. Despite federally mandated regulations, many truck drivers take risks that place other drivers in harm’s way.

Poor truck maintenance is another contributory factor in commercial truck accidents. When combined with dangerous driver behavior, mechanical issues can compound the severity of a crash.

In a split second, a commercial truck driver can lose control because of:

  • Unsafe tires: Tire blowouts are sudden and frightening.
  • Faulty brakes: An inability to stop can cause damage in an instant.
  • Driving distracted: Distractions can occur inside and outside of the cab.
  • Driving under the influence: DUI charges can result in the loss of a commercial driver’s license.
  • Ignoring rest regulations: Staying awake during a long drive is often challenging for those unable to rest.
  • Speeding or tailgating: Short tempers, time pressures, and other factors can result in aggressive driving or road rage.

It is impossible to predict truck driver behavior or to know of faulty truck mechanics as you travel alongside a commercial truck. Defensive driving only goes so far as to protect you from negligence.

Truck accident victims should not shoulder the burden of their cases or damages alone. A Spartanburg truck accident lawyer will protect your best interests by fighting for the compensation you deserve.

Truck Accident Damages

The financial costs are staggering and unfair.

Commercial trucks are large, heavy, and cannot stop quickly. Fully loaded trucks require additional stopping distance, which is in short supply on a busy highway.

Even if a driver sees an out-of-control tractor-trailer heading in their direction, there is often no time to avoid a crash.

A violent collision between a commercial truck and a passenger vehicle can leave victims with catastrophic injuries. Many severe injuries require expensive, life-long care.

There is no quick recovery — and sometimes no recovery — from injuries such as:

  • Burn injuries: A tanker truck carrying hazardous or flammable materials can cause victims severe burns in a traumatic crash.
  • Bone injuries: Multiple bone fractures are painful, require a long recovery, and, in some cases, result in amputation.
  • Internal injuries: Internal bleeding is deadly if not caught as soon as possible, making immediate medical attention crucial.
  • Spinal cord injury: The loss of movement and sensation can require the purchase of a mobility chair and home modifications to accommodate it.
  • Traumatic brain injury: Disruption of normal brain function can affect a victim’s ability to complete everyday tasks. Extensive and continuous rehabilitation and therapy are often necessary.

The physical, emotional, and psychological harm of such heartbreaking injuries is bad enough: factor in the financial costs, and the pressure is overwhelming. These and other devastating injuries prevent victims from returning to work for quite some time, if ever.

Choosing the right attorney for your truck accident case is vital for peace of mind. Whalen Montalvo Attorneys at Law help Spartanburg truck accident victims like you pursue justice.

Why Choose Whalen Montalvo Attorneys at Law

James Whalen and Eric Montalvo work hard for you.

One of the most devastating realities of a truck accident is knowing it was preventable had the responsible party used caution and care. At the core of negligence is accountability, making it imperative that victims fight the reckless and harmful actions of others.

No one should pay out-of-pocket for expenses that occur from negligence. Your case against the responsible trucking company’s insurer deserves an experienced and highly skilled truck accident attorney. Get to know two of South Carolina’s truck accident attorneys by reading about the qualifications of attorneys James Whalen and Eric Montalvo:

Attorney James Whalen

A South Carolina native, James Whalen is a proud University of South Carolina School of Law graduate. His post-graduation work included serving as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. Additional experience working on a National Highway Transportation Safety Administration grant while with the 13th Circuit Solicitor’s office aids him with truck accident cases.

Attorney Eric Montalvo

United States Marine veteran Eric Montalvo served as a Judge Advocate until his retirement in 2019. His extensive education includes a Master of Business Administration (MBA) from Boston University, where he graduated first in his class. He is also a proud University of South Carolina School of Law graduate. There, he served as an associated managing editor of the South Carolina Law Review.

At Whalen Montalvo Attorneys at Law, truck accident victims can rest assured that their claim or lawsuit is in highly qualified hands. The bios listed above highlight only a small portion of the experience and skills each attorney brings to a civil case.

Client testimonials demonstrate the dedication and compassion attorneys James Whalen and Eric Montalvo have for their clients. Experience this professional advocacy and service by scheduling a free consultation today.

How We Help Truck Accident Victims

We are unafraid to take on insurance companies.

As civil attorneys, we know how to negotiate with insurance companies and when to go to trial. Settling a case outside of court can save both sides time and money. However, more complex cases may require a judge and jury.

The commercial truck business is a large industry with tough insurance companies. Lawyers are often prepared to defend a trucking business or its insurance company against personal injury claims. Protecting profits takes precedence over accident victim damages.

Attorneys James Whalen and Eric Montalvo are on the side of victims of negligence. When either attorney receives your case, they move forward strategically.

The following are just a few examples of how your attorney will help your case:

  • Investigate your accident: This may include such steps as reviewing police reports, eyewitness accounts, and accident scene photographs.
  • Manage paperwork, court filings, evidence gathering, and case building.
  • Negotiate for a fair settlement and prepare for a possible trial.
  • Keep you, the client, informed and updated regarding any developments.

Whalen Montalvo Attorneys at Law stand up for their clients by taking on a trucking company’s insurer. As a truck accident victim of negligence, you deserve the best possible outcome of your case.

While compensation is never guaranteed, victims should never accept less than they deserve. Insurance companies are businesses that want to protect profits. Let attorney James Whalen or Eric Montalvo protect your best interests by contacting them today.

A Spartanburg truck accident caused by negligence can devastate victims. Fight for the compensation you deserve —not what an insurance company wants to pay. Get help today from a Spartanburg truck accident lawyer.

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Spartanburg Truck Accident FAQs

A Spartanburg truck accident attorney answers frequently asked questions regarding civil claims and lawsuits.

A truck accident is a painful, overwhelming, and confusing event. Commonly asked questions concerning the next steps for victims include:

My Spartanburg truck accident occurred one month ago. Can I still sue?

Yes. The statute of limitations is three years. However, time starts at the moment of injury, making it crucial to contact an attorney as soon as possible.

If I accept a settlement now, can I sue later should my injuries worsen?

 No. Once you accept a settlement, it closes your case. If you accept a settlement offer, you may not pursue additional funds later, should you need them. Avoid talking to insurance companies alone and hire an attorney instead.

What type of information does my attorney need for my truck accident case?

Helpful evidence can include a police report, photographs, witness information, and your medical reports and costs. Victims can also help their case by refraining from posting accident information on social media. Insurance companies may use such posts against victims, making it best to refrain from posting confidential information.

Are there legal options for those who experience a truck accident fatality?

Yes. A Spartanburg wrongful death attorney can review your case. If they decide to proceed with legal action, they will explain the typical damages such a case includes.

No one should avoid pursuing civil action against a negligent truck driver or trucking company. South Carolina laws protect your right to seek compensation for damages you suffer due to negligence. Get answers to your questions by scheduling a free consultation with a Spartanburg truck accident lawyer today.

Understanding the Statute of Limitations

Why it matters and what you need to know.

The statute of limitations is a necessary law that prevents civil cases from taking years to resolve. The three-year limit for personal injury and wrongful death keeps cases on track to resolve promptly.

As time passes, specific changes and circumstances can impact the outcome of your claim or lawsuit. For example, a witness may forget an important detail, or photograph evidence may become destroyed or lost.

The sooner you contact a Spartanburg truck accident lawyer, the better. Time is of the essence as you deal with anxiety over your future.

Accident victims are just that — victims of negligence. The statute of limitations is a three-year window that allows victims to pursue justice, accountability, and compensation for their damages. The three-year window is non-negotiable.

Do not let the statute of limitations for your truck accident case expire. Once the deadline passes, victims generally have no further options for pursuing compensation.

A Spartanburg truck accident is a traumatic event with no quick fix for your injuries or financial stress. Whalen Montalvo Attorneys at Law will work tirelessly to move your case along without settling for less than you deserve.

You may feel overwhelmed. However, you are not alone. Hiring a Spartanburg truck accident attorney as soon as possible protects you from a statute of limitations mistake. By following South Carolina civil laws, your lawyer can protect your best interests and fight for a fair outcome.

Your Spartanburg Truck Accident Lawyer

Contact Whalen Montalvo Attorneys at Law today.

Commercial trucks provide a valuable service and help keep the economy humming. However, careful control and proper maintenance are critical for safety.

One slight misstep can send a tractor-trailer into a passenger vehicle. Whether it is the use of alcohol, smartphone distraction, or aggressive driving, the damage is instant. The same is true with accidents involving faulty or poorly maintained trucks.

If you experienced severe harm or suffered a loss due to a truck accident, contact Whalen Montalvo Attorneys at Law now: (864) 770-7710. Your long road to recovery, permanent injury, or loss of a loved one deserves justice.

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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Contact Our Attorneys

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.