Truck Accident Lawyer in South Carolina

Choose a Tough Truck Accident Attorney in South Carolina – The Law Offices of David L. Hood

Determined counsel for injured folks throughout South Carolina

If you or a loved one has been hurt in a commercial truck crash, truck accident lawyer David L. Hood is here to help you.

The force of large trucks is enormous. If one crashes into a car or smaller truck at highway speed, the people in the smaller vehicle don’t stand much of a chance. Life changing injuries and deaths are too often the result.

Each year in South Carolina, tractor-trailers are involved in over 900 injury collisions and about 60 fatal crashes. Drawing on our over 30 years of experience with motor vehicle accident cases, The Law Offices of David L. Hood and our co-counsel legal team can thoroughly investigate your truck crash, determine the cause and fight to hold at-fault parties accountable.

Factors affecting truck safety and leading to severe accidents

Because of the danger of operating heavy equipment on public roadways, the trucking industry is subject to many federal safety rules. Four put forth by The Federal Motor Carrier Safety Administration (FMCSA) cover numerous aspects of trucking company operations, such as:

• Driver training and supervision
• Limits on drivers’ hours behind the wheel
• Weight limits
• Scheduled maintenance

However, the FMCSA does not have enough inspectors on the job to enforce all its rules, so problems occur. In fact, trucking companies often induce rule breaking, causing many safety issues due to:

• Untrained and unqualified drivers operating equipment
• Tired drivers driving for longer hours behind the wheel
• Aggressive drivers operating at high speeds
• Equipment that has failed inspection being put back into service before repairs are made
• Cargo being poorly loaded or overloaded

However, the mere fact that a truck was involved in an accident is not proof that the truck driver or the trucking company was at fault. These accidents require in depth study to discover the cause and hold the right parties to account. The Law Offices of David L. Hood are here for you. Contact truck accident lawyer David Hood and his co-counsel legal team now!

Table of Contents

1. What are the most common causes of truck accidents?
2. Common types of truck accident injuries
3. Involved in a truck accident?
4. What to do after a truck accident
5. What is the truck accident claims process in SC?
6. Trucking regulations
7. Event Data Recorders (EDR)
8. Who is liable in a truck accident?
9. Compensation in a truck accident claim
10. Factors that affect compensation
11. Hiring a truck accident lawyer
12. FAQ’s
13. Contact an experienced truck accident lawyer in South Carolina

What are the most common causes of truck accidents?

Understanding the main reasons why truck accidents happen can help us prevent them. Here are some of the most common causes of truck accidents:

• Driver fatigue: Truck drivers often spend long hours on the road. Driving for many hours without enough rest can make drivers tired and less alert. Fatigue slows reaction times and can cause accidents.
• Distracted driving: Just like car drivers, truck drivers can get distracted. This might happen if they are using their phone, eating, adjusting the radio, texting or focusing on anything other than the road. Even a few seconds of distraction can lead to serious crashes.
• Speeding: Trucks are harder to stop than cars, especially when they’re going fast. When truck drivers exceed the speed limit, it becomes much harder for them to slow down or stop in time to avoid a crash.
• Poor weather conditions: Rain, fog, snow, and ice can make roads slippery and reduce visibility. Trucks, because of their size, need even more distance to stop in these conditions. Bad weather makes it more difficult for truck drivers to control their vehicles.
• Improper cargo loading: If a truck is carrying too much weight or if the cargo isn’t loaded properly, it can affect how the truck handles. Overloaded or unbalanced trucks are more likely to tip over or cause the driver to lose control.
• Mechanical failures: Trucks require regular maintenance to stay safe. Brake failures, tire blowouts, or engine problems can cause accidents if the truck is not well-maintained. Even small issues can turn into big problems if not fixed in time.
• Aggressive driving: Some truck drivers might become impatient on the road, especially when faced with traffic or tight schedules. Tailgating, changing lanes suddenly, or road rage can lead to dangerous situations and crashes.

Common types of truck accident injuries

Truck accidents can cause serious injuries because of the size and weight of these large vehicles. When a truck collides with a smaller car, the impact is often much more severe than a regular car crash. Here are some of the most common types of injuries people experience in truck accidents.

Head and brain injuries

Head injuries, such as concussions or traumatic brain injuries (TBI), are common in truck accidents. A hard hit to the head can cause dizziness, headaches, memory problems, or even long-term brain damage. In more serious cases, a brain injury can change a person’s ability to think, work, or even walk.

Neck and back injuries

The force from a truck accident can lead to whiplash, where the neck jerks back and forth quickly, causing pain and stiffness. Back injuries, like herniated discs or spinal cord injuries, can be even more serious, sometimes leading to paralysis or a lifetime of pain.

Broken bones

Truck accidents often result in broken arms, legs, ribs, spines or hips. These injuries can take months to heal and may require surgery or physical therapy. Multiple broken bones can also happen at once, making recovery even harder.

Internal injuries

The impact from a truck accident can cause damage to internal organs like the lungs, liver, or kidneys. These injuries are not always obvious right away, but they can be life-threatening if not treated quickly. Internal bleeding is another serious issue that often requires immediate medical attention.

Loss of limbs

Losing a limb in a truck accident is a life-changing injury. When a person loses an arm, leg, or other limb, they may face a lot of long-term challenges, such as needing prosthetics and ongoing medical care. The emotional impact can also be huge, affecting the person’s ability to work and live the life they had before the accident. In these cases, it’s important to understand your rights and seek compensation to help with lost income, disability, medical bills and future needs.

Psychological Injuries

In addition to physical injuries, people involved in truck accidents often experience emotional trauma. They may suffer from anxiety, depression, or post-traumatic stress disorder (PTSD) after the crash. This emotional impact can take just as long (or longer) to heal as physical injuries.

Fatalities

When a large truck crashes, it can cause serious harm, even fatalities, especially for people in smaller vehicles. In many cases, the impact is so severe that victims lose their lives. Losing a loved one in a truck accident is devastating, and it often leads to legal cases where families seek compensation for their loss.

Truck accidents can cause a wide range of injuries, or even death. If you or a loved one has been hurt in a truck accident, it’s important to seek medical attention right away and talk to truck accident lawyer David L. Hood and his co-counsel legal team about your rights.

Involved in a truck accident?

Being involved in a truck accident can be scary and overwhelming. If you or someone you know has been in a truck accident, it’s important to know what steps to take.

What to do after a truck accident

Here’s what you should do right after the accident to stay safe and protect your rights

Check for injuries-The first thing to do is check yourself and others for injuries. If anyone is hurt, call 911 immediately to get medical help. Even if you don’t feel seriously hurt at first, you should probably still see a doctor. Some injuries, like whiplash or concussions, can show up hours or even days later.

Move to safety-If it’s safe to do so, move your vehicle to the side of the road to avoid blocking traffic. Turn on your hazard lights to warn other drivers. However, if the accident is serious or someone is seriously injured, it’s best to leave the vehicles where they are until the police arrive.

Call the police-Always call the police after a truck accident, even if the damage seems minor. The police will make a report, which can be important for insurance claims or if you decide to take legal action. Be sure to give the police your side of the story, but try to avoid admitting fault.

Gather information and collect evidence-While you’re waiting for the police, gather as much information as you can. Here’s what to collect:

– The truck driver’s name, contact info, and insurance details

– The trucking company’s name

– License plate numbers of all vehicles involved

– Names and contact info of any witnesses

– Photos of the accident scene, including vehicle damage, skid marks, and road conditions

– Photos of any visible injuries

This information can be helpful later on when dealing with insurance companies or in court:

Seek medical attention: Even if you think you’re okay, it’s important to get checked by a doctor after the accident. Some injuries aren’t immediately obvious. Getting medical attention will also create a record of your injuries, which could be useful if you file a claim for compensation.

Report the accident to your insurance company: Let your insurance company know about the accident as soon as possible. Stick to the facts when explaining what happened and avoid admitting any fault. Your insurance company should guide you through the next steps, including getting your vehicle repaired and handling any claims.

Consult a lawyer: Truck accidents can be complicated, especially if the truck driver was working for a company. A lawyer who specializes in truck accidents, like The Law Offices of David L. Hood and co-counsel can help you figure out who is responsible and fight to make sure you get the compensation you deserve. They can also handle dealing with insurance companies and any legal issues that come up.

Knowing what to do after a truck accident can help you stay calm and protect your rights. Always prioritize your safety and health, gather important information, and seek legal advice if needed. By following these steps, you can handle the situation more smoothly and focus on recovering.

What is the truck accident claims process in SC?

If you’ve been in a truck accident in South Carolina, you may be wondering what happens next. The claims process can feel overwhelming, but knowing the steps can help you navigate it more easily. The Law Offices of David L. Hood can walk you through this process. Just call us today!

Here’s a breakdown of the truck accident claims process in South Carolina.

Investigate fault-In truck accidents, determining fault can be complicated. It’s not always just the driver’s fault. The trucking company, cargo loaders, or truck manufacturers could also share responsibility. An attorney can help investigate who is at fault.

File a claim-Once fault is determined, you can file a claim with the responsible party’s insurance company. In South Carolina, you can seek compensation for medical bills, lost wages, vehicle damage, future costs and pain and suffering. Be sure to keep all receipts and records related to the accident.

Negotiation and settlement-Most truck accident claims are settled out of court. This means the insurance company will offer a settlement, and you can either accept it or negotiate for more. Having an experienced attorney can help you get a fair settlement.

Lawsuit (if necessary)-If the insurance company doesn’t offer a fair settlement, you may need to file a lawsuit. In South Carolina, you generally have three years from the date of the accident to file a personal injury lawsuit. Your attorney should guide you through this process if it becomes necessary.

Receive Compensation-Once your claim is settled, or if you win your lawsuit, you should receive compensation for your damages. This could cover your medical expenses, lost income, and more.

With the right approach, you can get the compensation you deserve after a truck accident.

Trucking regulations

Trucking regulations help keep roads safe for everyone by ensuring that truck drivers follow specific rules. The Federal Motor Carrier Safety Administration (FMCSA) is the lead federal government agency (operating under the Department of Transportation (DOT) “responsible for regulating and providing safety oversight of commercial motor vehicles.” These regulations focus on things like how long drivers can be on the road, how they must log their time, and how often their trucks should be inspected. Let’s break down some of these important rules.

DOT regulations for truck drivers

The DOT has many rules in place to make sure truck drivers operate their vehicles safely. These regulations include how long drivers can be on the road, how much rest they need, and how often they must inspect their trucks. The goal is to prevent accidents caused by driver fatigue, poorly maintained vehicles, or unsafe driving practices.

DOT hours of service

The Hours of Service (HOS) regulations control how long a truck driver can drive before needing to take a break. These rules are in place to prevent fatigue, which can lead to accidents. The DOT sets strict limits on how many hours a driver can be behind the wheel during a workday and how much rest they need between shifts.

HOS rules

The Hours of Service – HOS rules state that truck drivers can only drive for up to 11 hours in a 14-hour workday. After that, they must take a break. Drivers must also take at least 10 consecutive hours off between shifts. These rules are designed to ensure drivers get enough rest, which helps prevent accidents caused by drowsy driving.

New 14 hours rule for truck drivers

One of the newer regulations states that truck drivers cannot work for more than 14 hours in a day, no matter how many breaks they take. After 14 hours on duty, they are required to take a long break before driving again. This rule makes sure that drivers aren’t working too long without proper rest.

Log book rules

Truck drivers are required to keep a detailed logbook, either on paper or electronically. This log tracks their driving hours, rest breaks, and total work hours. The log book is key for proving that drivers are following the HOS rules. If a driver’s log is incomplete or inaccurate, they can face fines or even lose their driving privileges.

Semi-truck maintenance

Keeping semi-trucks in good working order is critical for road safety. Trucking companies and drivers must regularly inspect and maintain their vehicles. This includes checking the tires, brakes, lights, and other key systems. If a truck isn’t properly maintained, it can break down or cause serious accidents.

DOT semi-truck inspection

The DOT requires regular inspections for semi-trucks. These inspections cover everything from the engine to the trailer, ensuring the vehicle is safe to be on the road. If a truck fails an inspection, it can’t be used until the issues are fixed. Regular inspections help catch potential problems before they lead to accidents.

By following these trucking regulations, both truck drivers and companies can help keep the roads safe for everyone.

Event Data Recorders (EDR)

Event data recorders (EDRs) are often called “black boxes,” and they play a crucial role in commercial trucking. These devices record important data about the truck and the driver’s actions, especially before and during accidents. Understanding how these recorders work can help explain the causes of truck crashes and improve road safety.

What is an event data recorder?

An event data recorder is a small device installed in many commercial trucks. Its job is to capture and store information about the truck’s operations. EDRs can record data like:

– The truck’s speed
– When the brakes were applied
– Engine performance
– Steering movements
– Seatbelt usage

This data is collected continuously, but the recorder focuses on specific events, like a sudden stop or a crash. When these events happen, the EDR saves the data from a few seconds before and after the incident.

Why are EDRs important?

EDRs are crucial for investigating accidents. When a truck crash happens, it can be hard to figure out exactly what went wrong. The data stored in the EDR gives investigators clear information about the truck’s speed, whether the brakes were applied, and how the driver reacted. This helps accident investigators, insurance companies, and even lawyers determine who was at fault.

In some cases, EDR data can show that the truck driver wasn’t at fault, while in others, it may reveal driver error or mechanical failure. This data can be vital for proving claims in court or settling disputes.

EDRs and safety regulations

Many commercial trucks are required by law to have EDRs. The Federal Motor Carrier Safety Administration (FMCSA) has regulations that encourage the use of these devices to improve road safety. By having access to accurate information, the trucking industry can learn from accidents and find ways to prevent future crashes. For instance, if data shows that drivers tend to speed in certain areas, companies can implement stricter safety measures.

How EDR data is used in trucking lawsuits

If you’re involved in a truck accident, the data from the truck’s EDR can play a huge role in your case. Lawyers can use the information to support your claim, showing how fast the truck was going or whether the driver tried to avoid the crash. EDR data can also be used to prove if the truck had a mechanical issue, such as brake failure.

However, accessing the EDR data isn’t always simple. It usually requires an expert to download and interpret the information. Plus, trucking companies might not always be eager to share this data, especially if it could hurt their case. That’s why having a lawyer who understands how to use EDR data is important.

Who is liable in a truck accident?

Truck accidents can cause serious injuries and damage, and determining who is responsible for the accident is important. Liability means figuring out who was at fault for the crash. In truck accidents, there can be more than one party responsible. Following is a list of the possible people or companies that could be held liable.

The truck driver

One of the most common parties held liable in a truck accident is the truck driver. If the driver was speeding, distracted, tired, or driving recklessly, they could be responsible for the crash. Truck drivers are required to follow strict rules, and breaking those rules can make them liable.

The trucking company

The trucking company that employs the driver may also be held liable. Companies are responsible for making sure their drivers are properly trained and follow safety regulations. If they push drivers to work longer hours or cut corners on safety, they could be at fault.

The truck owner

In some cases, the truck may be owned by someone other than the driver or the trucking company. If the truck was not maintained properly and that caused the accident, the owner could be liable for the crash.

The cargo loader

Improperly loaded cargo can make a truck difficult to control. If the accident was caused by a shifting or falling load, the company or person responsible for loading the truck could be held accountable.

The truck manufacturer

Sometimes, the accident might be caused by a defective part in the truck, such as faulty brakes or tires. In this case, the manufacturer of the truck or the defective part might be liable for the accident.

Government entities

If the accident happened because of poor road conditions, such as potholes or missing signs, a government agency responsible for maintaining the roads might be held liable.

Determining liability in a truck accident can be complicated, and it often involves more than just the driver. If you or a loved one have been involved in a truck accident, it’s important to consult a lawyer to help figure out who is responsible. Each case is different, and understanding who is liable can help you get the compensation you deserve. The Law Offices of David L. Hood can help in this aspect.

Compensation in a truck accident claim

Truck accidents can cause serious injuries and damage, leaving victims with expensive medical bills, lost wages, and other financial hardships. If you’ve been hurt in a truck accident, you might be entitled to compensation.

There are different types of damages that you can recover in a truck accident claim, depending on your situation. Knowing what you’re entitled to in a claim can help you recover from losses caused by the accident.

Types of Compensation You Can Receive:

Economic damages

Economic damages are the costs that can be easily calculated. These include things like medical expenses, lost wages, and property damage. For example, if you had to go to the hospital after the accident, your medical bills would be considered economic damages. If the accident caused you to miss work and lose income, you should be able to recover those lost wages. Economic damages aim to make you financially whole again.

Medical expenses-Truck accidents often result in severe injuries. You may be able to recover compensation for things like hospital bills, surgeries, physical therapy, and any future medical treatment you might need. This includes both immediate costs and long-term care.

Lost wages and future lost wages-If your injuries from the truck accident keep you from working, you can seek compensation for the income you’ve lost. This includes the time you missed while recovering and any future earning potential if your injuries affect your ability to work long-term.

Property damage-Truck accidents can cause significant damage to your vehicle and other personal property. You can be compensated for the cost to repair or replace your car and any other damaged items.

Non-economic damages

Non-economic damages are harder to calculate because they involve more personal losses. These damages cover things like pain and suffering, emotional distress, and loss of enjoyment of life. For instance, if your injuries make it difficult for you to do things you used to enjoy, like playing sports or spending time with your family, you may be compensated for that. Non-economic damages acknowledge the emotional and psychological toll that a truck accident can have on a person.

Pain and suffering-Accidents can cause more than just physical injuries. You might experience emotional distress, anxiety, or a lower quality of life. In some cases, you can be compensated for these non-economic damages, which are harder to calculate but just as important.

Loss of consortium-In cases where the accident impacts your relationship with your spouse or family, you might be able to seek compensation for loss of companionship or emotional support.

Punitive damages

Punitive damages are not awarded in every case. These damages are meant to punish the at-fault party if their behavior was especially reckless or dangerous. For example, if the truck driver was driving under the influence or violating safety regulations, the court might award punitive damages to discourage that kind of behavior in the future. These damages are more about punishment than compensation.

Factors that affect compensation

Several factors can influence how much compensation you’ll receive from your truck accident claim:

Severity of injuries: The more severe your injuries, the higher your medical bills and other related expenses, which can increase the amount of compensation.

Proof of fault: In some cases, it may not be clear who was at fault. Having strong evidence that proves the other driver, or trucking company was responsible can improve your chances of receiving fair compensation.

Insurance Coverage: The insurance policies of both the truck driver and the trucking company can play a big role in how much compensation is available.

If you’ve been injured in a truck accident, compensation can help ease the financial burden and get you back on your feet. Understanding what you’re entitled to and having the right support can make a big difference in your recovery process.

Hiring a truck accident lawyer

Being in a truck accident can be scary and overwhelming. These types of accidents often cause serious injuries or damage, and dealing with the aftermath can be confusing. One important step you can take is hiring a truck accident lawyer to help you through the process.

Skilled counsel for injuries from truck crashes

The power of an out of control 18 wheeler often can cause life changing injuries for innocent victims. These terrible wounds can require a lifetime of medical care. Tragic injuries present an urgent case for future medical costs, lost earnings and a variety of “pain and suffering” damages.

As your lawyer, we and our legal co-counsel team focus on maximizing your damages, whatever the case. But, because the potential payout in a serious injury case is so high, trucking companies and their insurers bring a lot of resources to bear in an effort to limit the plaintiff’s recovery. Your attorney must be equal to the task, possessing the knowledge, skill and experience to deal with a powerful defendant. Let us help you today!

Why do you need a truck accident lawyer?

Truck accidents are different from regular car accidents because they involve more complicated laws and larger companies. Trucking companies often have teams of lawyers and insurance adjusters working to protect their interests. Having a lawyer like David L. Hood and his co-counsel legal team on your side ensures that someone is fighting for your rights.

When should you hire a lawyer?

It’s a good idea to contact a truck accident lawyer as soon as possible after the accident. This way, they can start gathering evidence before it gets lost or damaged. Also, there are deadlines for filing claims, called statutes of limitations, which vary by state. Hiring a lawyer early can help ensure you don’t miss important deadlines. Call The Law Offices of David L. Hood today!

What to look for in a truck accident lawyer

Not all lawyers are the same – here are a few things to consider when choosing one

• Experience: Make sure the lawyer has experience with truck accident cases. They should know the specific laws and regulations involved in trucking.
• Communication: You want a lawyer who will keep you updated and explain things clearly.
• Reputation: Look for a lawyer with good reviews and a track record of success in similar cases.
• Fees: Many truck accident lawyers work on a contingency basis, meaning they only get paid if you win your case.

Hiring a truck accident lawyer can help you navigate the complex legal process and increase your chances of getting fair compensation. Don’t try to handle everything on your own—having an experienced lawyer by your side can make a big difference. If you’ve been in a truck accident, consider reaching out to truck accident lawyer David Hood and his co-counsel legal team to discuss your options. There’s never a fee for your initial consult. You have questions – we have answers!

The Law Offices of David L. Hood has a plan to

• Investigate the accident: examine the accident scene, gather evidence (including police records), talk to witnesses (and get written statements from witnesses), obtain records from the trucking company (including logs and EDR) and look into the truck driver’s history.
• Hire experts
• Negotiate with insurance Companies: Insurance companies may try to offer you less money than you deserve. A lawyer should work to get you the compensation you need.
• Handle paperwork: There is a lot of paperwork involved in filing claims, and mistakes can delay your case. A lawyer should make sure everything is done correctly.
• Go to court if needed: If the case can’t be settled outside of court, your lawyer should represent you in front of a judge and jury.

Frequently Asked Questions:

Contact an experienced truck accident lawyer in South Carolina

The Law Offices of David L. Hood provides focused legal counsel for victims of truck accidents, including those who’ve suffered life changing injuries or wrongful death. To schedule a free consult, contact us via phone, email, text or chat. Remember, your initial consultation is always free. If your injuries prevent you from coming to our office, we can come to you.