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When you’re harmed in a truck accident in South Carolina and an insurer denies or undervalues your claim, it may be time to consider filing a lawsuit. Being hit by a semi or rear-ended by a commercial vehicle can cause severe physical injuries and emotional consequences, not to mention financial repercussions. The driver, transport company, and insurance adjuster cast blame in different directions, and when no one is willing to admit fault, you may need a legal team to help!
A trucking company may employ drivers, repair technicians, material handlers, and supervisors, who may make mistakes that lead to an 18-wheeler crashing into nearby vehicles or pedestrians. When you’re injured in a semi collision, investigating the incident, gathering supportive evidence, and tracing fault back to each failure require many resources. Lean on the attorneys at Bell Legal Group in South Carolina for help uncovering the contributing factors of your trucking accident and pursuing lawsuits against liable parties when necessary.
The Commercial Vehicle Driver
A commercial driver is expected to operate the vehicle according to federal and state laws, and when they violate trucking laws, they can be held responsible. A lawsuit for a trucking accident may name the driver as a defendant if his negligence, like running a stop light, traveling at excessive speeds, or driving distracted, caused the collision. But in South Carolina, attorneys may also file a truck accident lawsuit against the driver’s employer for your injuries.
Transportation Company
Trucking companies must safely and responsibly maintain their fleet, schedule trips, hire and train vehicle operators, and load cargo. Negligence in any area of the transport process can cause a person to be injured in a semi collision. In South Carolina, the doctrine of respondeat superior holds an employer responsible for the actions of its on-duty employees. In truck accident lawsuit cases, attorneys review the employer’s hiring, training, supervising, retention, maintenance, and entrustment practices for deficiencies that may have contributed to the crash.
Vehicle Maintenance Personnel
Scheduled repairs and routine maintenance are essential to a commercial vehicle operating correctly and safely. Trucking companies employ repair technicians and mechanics, or rely on third parties, to maintain the fleet, and drivers are legally obligated to inspect critical systems and equipment. When an accident occurs due to a mechanical failure or worn equipment, the repair person, the driver, supervisors, and the freight company may share liability. Proving that a driver failed to inspect the truck or that a neglected repair led to an accident is a challenge that requires a thorough review of the vehicle and company logbooks. That’s why Bell Legal Group uses investigators who can identify mechanical failures and service-related causes of trucking accidents in South Carolina.
Vehicle and Parts Manufacturers
When defective equipment causes a truck driver to lose control and crash into your vehicle, the manufacturer or seller of the failed system or vehicle may be liable. This area of law is known as product liability. Under South Carolina law, an attorney filing a lawsuit for a trucking accident could hold the manufacturer responsible if a truck or a part’s defective design, improper manufacturing, or flawed warnings and instructions contributed to the crash.
Our attorneys understand the nuances of proving product liability in trucking accident lawsuits in South Carolina. We’ll review recall communications and request a forensic analysis of the parts to determine whether existing defects played a role.
Shipping or Loading Company
Shifting cargo or an overloaded trailer can cause a truck to lose balance due to uneven weight distribution. This can cause trucking accidents involving jackknifed trailers and rollovers. Individuals are often injured by these preventable semi collisions. Parties liable can include the warehouse facility or port responsible for loading the freight, and if the driver rushed the loading process, they may share fault along with their employer who scheduled the trip. Faulty strips or tie-downs, failed inspections, and weight violations may also play a role in these accidents and change who is primarily responsible.
This isn’t an exhaustive list of parties that may be liable for trucking accidents. A claim in South Carolina or any state can take several months to resolve due to many variables in determining liability, especially when commercial vehicles are involved. Rather than allowing an insurance adjuster or the trucking company to decide who’s to blame for your injuries, let Bell Legal Group investigate. We’ll listen to your story and build a strong case for your truck accident lawsuit.