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The Unique Challenge of Truck Accident Claims: What Sets Them Apart from Car Accidents

By Attorney James Whalen | Published on August 11, 2024

Thousands of drivers share the road with large trucks daily. We assume the commercial drivers behind the wheels of such massive vehicles are adequately trained and their trucks are safe from mechanical failures. However, there is no way of telling whether this is true until it is too late. A traumatic crash happens in an instant. If you suffered injuries in a truck accident involving negligence, help is available, and you do not have to fight alone for what you deserve.

Federal Regulations Governing Trucks

A violation of just one government regulation can change your life.

The Federal Motor Carrier Safety Administration (FMCSA) regulates the nation’s trucking industry. The administration primarily aims to reduce crashes, injuries, and fatalities involving large trucks or buses.

Regulations set by the FMCSA aim to help serve this mission by addressing the following:

  • Hours of service of drivers
  • Drug and alcohol use and testing
  • Inspection, repair, and maintenance
  • Transportation of hazardous materials
  • State compliance with state commercial driver’s license (CDL) standards.

Commercial truck drivers are not immune to the same reckless behavior exhibited by other drivers. Drowsiness, an elevated blood alcohol content (BAC) level, speeding, or distraction are all possible behind the wheel of a tractor-trailer.

Other dangers include neglected maintenance issues, such as worn tires or poor brakes. Federal regulations allow an 80,000-pound limit for fully loaded trucks. This significant weight, combined with truck maintenance issues or driver negligence, can profoundly change — or end — another driver’s life.

Even the slightest violation of federal regulation is unacceptable. If you suffered severe injuries or lost a close loved one in a truck accident involving negligence, you may want to contact an attorney today.

Multiple Liable Parties in South Carolina Truck Accidents

A truck accident can involve more than one liable party.

A truck accident attorney knows how to investigate complex accidents involving negligence. Liable parties in a claim or lawsuit may include the commercial truck driver, the trucking company, a part manufacturer, or all three. A South Carolina truck accident attorney will work with you and for you to identify all parties responsible for your harm.

Civil claims and lawsuits hold negligent parties accountable for their actions. The goal is to secure the compensation victims deserve and to prevent future crashes. Regardless of whether the responsible parties learn their lesson, you can pursue a civil claim or lawsuit to get the money you need to recover from their negligent actions.

Truck Accident Claims Involve Complex Investigations

Identifying all negligent parties is critical for your claim.

Many truck accident victims feel confused about their accident. The sudden impact can leave them asking what happened and why. When contacted by the insurance representative, they may inadvertently harm their case. Saying nothing is better than saying the wrong thing that may affect your chance for compensation. An insurance company can use a statement against you to prevent paying you what you need and deserve.

A South Carolina truck accident attorney will keep you advised as they investigate your accident. They will be happy to answer your questions and address your concerns; knowing someone is working for you can give you peace of mind to rest and recover.

Truck Accidents, Serious Injuries, and Higher Stakes

Victims suffer life-altering injuries and massive damages.

Truck accident victims generally face a long recovery, with some experiencing permanent harm. Medical costs begin immediately and can continue to escalate throughout a victim’s lifetime. The need for ongoing medical care is vital for those who suffer such harm as a traumatic brain injury (TBI) or spinal cord injury. Damages from such catastrophic injuries are physical, financial, emotional, and psychological.

The stakes are very high after a serious truck accident, as is your need to fight for fair compensation and justice. South Carolina truck accident attorneys have valuable insight into how the truck industry operates regarding victim damages. Your attorney protects your best interests against aggressive and tight-fisted trucking companies and their insurers.

Never accept an initial settlement offer without an attorney by your side. When you accept an offer, you lose your opportunity to pursue legal action later. Securing compensation for your vast damages is a complex process best left to a skilled South Carolina truck accident attorney.

The Importance of Hiring a Truck Accident Lawyer

Fighting your truck accident claim alone is stressful and risky.

Truck accident claims and lawsuits require extensive legal knowledge, experience, and skill. Without these tools, victims risk winding up with little or no compensation for their damages. A truck accident lawyer is able to stand up to trucking companies, insurers, and opposing lawyers.

Your South Carolina truck accident lawyer can take the following steps to protect your best interests:

  • Review evidence and interview witnesses
  • Manage communication with the liable parties
  • Counter unfair settlement offers
  • File a civil lawsuit within the statute of limitations
  • Take your case to trial if necessary.

A civil claim or lawsuit is a serious matter that requires a dedicated focus on every intricate detail. Your severe injuries and instant life changes leave you no time or energy to commit to your case.

Consider contacting an attorney when a negligent truck driver, trucking company, or other liable party changes your life. The sooner you reach out for legal representation, the faster you get the help you need with your truck accident claim.

Contact Whalen Montalvo Attorneys at Law Today

South Carolina Truck Accident Attorneys

A truck accident involving negligence presents unique challenges due to the complexity of possible contributing factors. It is an accident that demands a thorough examination of evidence by an attorney knowledgeable about South Carolina civil law.

Attorneys James Whalen and Eric Montalvo are compassionate with clients and aggressive with insurance companies. If you suffered injuries due to a truck company with a poor safety record or who employed a reckless driver, we want to help you. If your loved one died from their truck accident injuries, you may have legal options. Depending upon your relationship with the decedent, you may qualify to pursue a wrongful death case.  We can help you.

Contact us today for a free consultation to learn more about how we fight for truck victims and to learn if you have a case. Call (864) 770-7710 today to immediately protect your best interests.

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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