According to a recent report published by the South Carolina Department of Public Safety, there were 2,493 collisions involving a commercial motor vehicle (CMV) in 2020, with as many as 12.2% of CMV collisions resulting in fatalities. Trucks are considered commercial motor vehicles as they are used for transporting property, goods, or people, and due to their sheer weight and size, trucks can be very dangerous and cause serious (and often deadly) accidents. When you are hurt in a crash, seek help from an experienced personal injury lawyer. A Greenville truck accident attorney stands up for the rights of clients injured in a collision with a commercial truck.
Many truck accident victims are surprised to find themselves dealing with a lot more obstacles than they anticipated in the process of filing a truck accident claim. Unlike car accident claims, where there is usually one other party involved and, most of the time, a single insurance claim to be dealt with, truck accident cases often involve multiple responsible parties. In addition, many trucking companies are well-equipped to fight back to reduce or remove their liability for any damages resulting from a truck accident.
Let’s look at a hypothetical situation to better explain why this happens. Suppose your vehicle was hit by a semi-truck. The semi-truck was carrying a fully-loaded trailer, but the cargo in the trailer shifted dangerously due to being improperly loaded. The truck driver failed to notice the problem and continued driving. To make matters worse, the truck driver was found to be speeding because he was late making his delivery. The unsecured cargo and excessive speeds caused the truck to jackknife and hit your car in the process. While you were fortunate to walk away with just a few bruises and a broken arm, your vehicle was totaled. So who is responsible for your injuries and damaged vehicle?
In this case, an investigation of the accident might point to the logistics company, the trucking company, and the truck driver as responsible parties. The logistics company that loaded the cargo should have secured it properly. Perhaps the trucking company should have made it mandatory for truckers to inspect the cargo and observe all traffic laws and speed limits. And last, the trucker should have been driving at safe speeds and checking the cargo for any loose items. So in this imaginary situation, the trucking company, the truck driver, and the logistics company would all be partially responsible for your damages, meaning you may need to file three separate insurance claims to recover damages from each party. Dealing with multiple parties is one of several factors that make a truck accident claim exponentially more complex than an auto accident claim, and a good reason to hire a skilled truck accident lawyer in Greenville to assist you with your case.
As is the case with any personal injury claim, determining the precise value of your case is difficult without an in-depth analysis of individual factors, such as the severity of your injuries and the extent of damages resulting from the crash. Every truck accident claim is unique, so the best way to get a more accurate estimate of your case value is to speak to a truck accident lawyer.
A truck accident victim may be entitled to receive compensation for both economic and non-economic damages. That means you may be entitled to payment for your financial losses (such as medical bills, lost wages, and damaged property) as well as your emotional losses (such as trauma, mental anguish, pain, and suffering). In general terms, the more damage you sustained and the more serious your injuries, the higher your case value may be.
It may be tempting to go online and use one of many tools that promise to work as a personal injury “calculator” and give you a dollar amount for your case based on a few short answers that you provide. Unfortunately, these tools often yield case values that are too high or, sometimes, too low. The only way of truly knowing how much you may be able to recover for your claim is to discuss your case with a truck accident attorney in Greenville.
Another factor that adds to the complexity of a truck accident investigation is the type of evidence available at the crash site. Most modern commercial trucks are equipped with an EDR (Event Data Recorder), which is an important piece of equipment that is informally referred to as a “black box” and can play a crucial role in helping accident investigators understand how the truck was being operated before, during and after the accident.
An EDR works more like a read-write memory card system rather than an actual black box that you would find on aircraft. It records important information such as the truck’s speed, use of brakes, and angle and can track how long the truck was being operated without a break. Some EDR units can even record GPS positioning and other important data. In the event of an accident, data recovered from an EDR gives an important snapshot of what happened in the moments leading to the accident and could be a crucial piece of evidence to pinpoint liability.
Trucking companies are aware of the importance of EDR data in an accident investigation and may move quickly to destroy it or “lose” it. If you have been injured in a truck accident, it is essential to reach out to a Greenville truck accident lawyer as soon as possible so that your injury attorney can take legal action to access the EDR data and prevent the trucking company from destroying it, potentially jeopardizing your claim.
Navigating the many obstacles that truck accident victims typically encounter is what a truck accident attorney does best. A truck crash is a traumatic event for everyone involved, and it may be hard to think clearly or know what steps to take to recover the compensation you deserve. In addition, many trucking companies are ready to fight back and will be quick to resort to a team of lawyers who are ready to do anything to reduce the trucking company’s liability in your case and try to allege that you (the victim) are mostly at fault. With a capable truck accident lawyer on your side, you will be able to protect your rights and navigate the process of filing a claim and receiving your money with a lot fewer doubts, less overwhelm, and less frustration.
At the Eller Frye Law Firm, we know how hard it is to recover from a truck accident. You may be struggling with your injuries and with the fact that you are probably unable to work. In the meantime, the bills keep coming. Our legal team has assisted many injured truck accident victims to recover fair compensation in Greenville, South Carolina, and surrounding areas. We have the legal knowledge and the skills to protect your rights and fight for maximum compensation on your behalf. If you have been hurt in a truck accident, there is no reason to try and figure it all out on your own. Reach out to the attorneys at the Eller Frye Law Firm.