To reduce the risk of truck accidents and secure the rights of victims injured in collisions with tractor-trailers and other heavy commercial trucks, both South Carolina and the federal government have laws in place related to truck driving and truck crashes.
At Joye Law Firm, our truck accident lawyers work with the laws on truck safety every day. If you or a loved one was hurt in a truck accident, contact us now for answers to important questions such as:
- Are there any laws protecting truck accident victims?
- How can truck accident victims use driver safety laws to obtain compensation after a truck crash?
- What compensation is available by law for victims of truck accidents?
Laws Protecting Truck Accident Victims
There are many laws designed to protect the rights of victims of truck crashes in South Carolina. For example, federal and state requirements set mandatory minimum insurance coverage limits for commercial trucks in order to ensure that there will be money available to compensate victims of truck accidents.
Tort laws also exist to give truck accident victims the right to make personal injury claims and give surviving family members of truck accident victims the right to make wrongful death claims. The purpose of these civil actions is to financially compensate victims for both economic and non-financial losses resulting from the collision.
The laws involving civil lawsuits require truck accident victims to prove that the defendant was to blame for the accident. Defendants in truck accident claims may include the truck driver, the trucking company, the owner of the cargo, a repair shop and others.
A truck accident lawyer can help injured victims gather the necessary evidence and follow all of the required steps to take full advantage of the protections provided by law.
Driver Safety Laws and Truck Accident Claims
In addition to laws establishing the right of truck accident victims to obtain compensation, there are also federal and state regulations that are designed to stop truck crashes from happening in the first place.
For example, truck drivers must follow all state laws related to speed limits, right-of-way and yielding, as well as other safe-driving rules. State laws also specify that commercial drivers cannot drive if their blood alcohol content is above 0.04 percent, which is half the normal legal limit.
Federal laws and regulations are largely set by the Federal Motor Carrier Safety Administration (FMCSA) and are very comprehensive. These laws set maximum hours that truckers can drive, dictate what training is required for commercial drivers, establish rules for safe loading, create truck maintenance schedules and impose a whole host of other rules on truckers and trucking companies.
The laws applicable to truckers and trucking companies are important because when a safety law is violated and it causes a crash, it may be easier for a plaintiff to obtain compensation in an injury lawsuit by pointing to a specific violation.
When a safety rule or regulation is broken, the mere fact that the driver failed to live up to this obligation may create a presumption of negligence. In other words, negligence is assumed even without the plaintiff providing specific proof. To recover compensation, a victim may need to show only that a rule violation was the direct cause of the crash.
Compensation for Truck Accident Victims in South Carolina
Truck accident victims may be entitled to compensation for both economic and non-economic damages under South Carolina law. This includes payment for losses such as medical bills, lost income, pain and suffering, emotional distress and wrongful death.
At Joye Law Firm, our goal is to help truck accident victims use the laws and legal protections available to secure fair compensation for their injuries. Call Joye Law Firm now or contact us online to learn more about how we can help you to make a claim and protect your legal rights.
