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    truck accident

    When a truck accident causes injuries or death in South Carolina, victims often suffer significant financial and psychological damages.

    The aftermath can leave you struggling with mounting medical bills, lost wages, and uncertainty about the future.

    As you begin to recover physically and emotionally, you may wonder who will pay for your damages. Although the at-fault truck driver might appear to be the sole responsible party, truck accident cases involving commercial vehicles are incredibly complex, with multiple parties potentially sharing responsibility and liability for the losses they have caused.

    At Joye Law Firm, we know what it takes to successfully pursue justice for the victim of an accident involving a semi-truck. Our injury lawyers will thoroughly investigate the circumstances surrounding your case and determine who is financially responsible for your accident.

    With our free consultation and No Fee Guarantee, you can trust that we are committed to fighting for justice without adding to your financial burden. Contact us today to discuss your case and explore your legal options.

    Who Is Liable in a Truck Accident

    Some of the parties you could potentially take action against after a South Carolina truck accident include the following:

    The Truck DriverMark Joye

    Truckers are bound by state safety laws as well as by regulations set by the Federal Motor Carrier Safety Administration. Commercial truck drivers are expected to obey all the rules of the road including laws that everyone is subject to such as speed limits and drunk driving laws, as well as all special rules that apply to truckers on the state or federal level. If a trucker violates a safety rule or drives negligently, they may be held legally responsible for the injuries or death they cause.

    The tragic loss of the Cross family highlights the devastating impact of trucking accidents. An impaired 18-wheeler driver ignored construction zone warnings and caused a fiery crash on I-95 in South Carolina killing Jeremiah, Crystal, and their infant son, Greysen. Joye Law Firm’s Head of Litigation, Mark Joye, and his team secured a $17 million jury verdict by proving negligence by the driver and XPO Logistics, including lack of training and attempts to conceal alcohol use.

    Read the full case study here.

    Trucking Companies

    When a trucking company employs a driver, the driver is considered an agent of the company. What a driver does on the job is seen as the legal equivalent of actions taken by the company itself. This means if a driver is negligent on the job, the trucking company may also be considered legally liable for injuries arising from the negligence.

    Trucking companies may also be negligent in their own right. For example, if a trucking company fails to maintain trucks, train drivers properly or enforce safety policies, the company may be considered negligent. Likewise, if the company hires unqualified drivers or ignores safety rules, like hours-of-service limits, the trucking company could be held liable for related accidents and resulting injuries.

    Take Henry Dawson’s case as an example. He suffered severe neck injuries when a dump truck driver without a license ran a red light and crashed into him. Martinez Tree Service hired the driver despite knowing he lacked proper licensing. A Charleston County jury held the company accountable for knowingly violating safety rules, awarding $1.93 million to Henry, including $800,000 in punitive damages to emphasize the importance of public safety. Cases like this demonstrate how trucking companies can be held liable when their reckless hiring or negligent policies lead to devastating accidents.

    Read the full case study.

    Shippers

    Companies that ship dangerous goods must alert truck drivers and trucking companies to any risks that the shipped items present. If a shipper fails to live up to its obligations, such as by shipping hazardous materials without taking proper precautions, the shipper or owner of the hazardous cargo may be held responsible for injuries that result.

    Cargo Loaders

    South Carolina is home to one of the largest ports in the world, every year since 2017, over two million TEUs passed through the Charleston harbor. TEU stands for “twenty-foot equivalent unit,” which represents one standard twenty-foot shipping container. These containers are often transported from the port to their next destination by tractor-trailers.

    If workers fail to follow proper procedures when securing cargo to trucks, or if trucking companies violate safety regulations, the consequences can be devastating. Oversized loads, improperly secured cargo, and insufficient permits are just a few factors that can turn a routine transport into a catastrophic accident.

    Trucking accidents often involve complex legal challenges, particularly when multiple parties are at fault. In one such case, our client, Alan Jenkins (name changed for confidentiality), suffered severe injuries when a tractor-trailer carrying an oversized load struck an overpass on I-26. The debris from the crash smashed into his vehicle, leaving him with life-altering injuries, including a severe brain injury that required extensive surgeries.

    The load, processed through a Charleston shipyard, violated several South Carolina laws. It was too tall and didn’t have the required permits. To make things worse, the truck driver not only caused the crash but also fled the scene.

    Our firm faced significant hurdles, including navigating federal regulations, pursuing bankrupt defendants, and conducting a multi-state investigation. After years of relentless legal work, Joye Law Firm secured a $4.375 million settlement, ensuring financial stability for Mr. Jenkins and his family.

    Read the full case study.

    Manufacturers

    When trucks have defective parts, a crash may result in severe injuries. Truck manufacturers, like all manufacturers, are expected to produce products that are reasonably safe and do not cause harm when used as intended. If a defect in the truck or any of its parts was the direct cause of an accident, the manufacturer may be sued by crash victims.

    Truck Maintenance and Repair Shops

    If the repair or maintenance work provided by a trucking company is substandard and results in an accident, the truck repair shop may be held liable for the resulting injuries caused by the faulty work.

    Government Entities

    When poor road design or maintenance causes a crash, a claim may potentially be made against the responsible government entity. These types of claims might arise from roads with unrepaired potholes, uneven and dangerous road shoulders, or roads designed in a way that limits visibility. Suing the government is very complicated because there are rules in place that give the government immunity from certain kinds of claims, and there are also special requirements that must be followed for making a claim against the government.

    Why Is It Difficult to Win a Trucking Accident Lawsuit?

    Holding the responsible parties accountable after a truck wreck can be a challenging and complex endeavor. It’s a tangled process that often involves navigating through layers of bureaucracy, legal loopholes, and resistance from powerful corporations and their insurers. Without experienced legal representation, victims may find themselves overwhelmed and at a disadvantage.

    Truck drivers may attempt to shift blame or refuse to cooperate, especially if their negligence caused the crash. Things like driving under the influence, skipping necessary rest breaks, or speeding to meet deadline pressure are sadly common.Semitruck driving

    Trucking companies, on the other hand, may take calculated steps to avoid accountability. Some will argue the driver was an independent contractor rather than an employee to distance themselves from the crash. Others may dissolve or declare bankruptcy to escape litigation altogether. Even when trucking companies are directly responsible for negligent hiring, training, or maintenance, they often have sophisticated legal teams working to deflect responsibility or minimize payouts.

    Shippers, repair shops, and manufacturers add additional complexity. A shipper might argue it was unaware of improper cargo loading or hazardous materials risks. A repair shop might claim that another party’s maintenance work caused the issue. Similarly, government entities involved in maintaining safe roadways are often shielded by sovereign immunity, requiring plaintiffs to navigate a maze of special rules and procedures just to file a claim.

    At Joye Law Firm, we are dedicated legal advocates with extensive experience handling trucking accident cases. Our strong reputation in dealing with trucking companies and their insurers allows us to uncover crucial evidence, hold multiple parties accountable, and negotiate from a position of strength. We know how to navigate the complexities of these cases, cut through red tape, and counter evasive tactics to secure the compensation our clients deserve. Without this level of legal skill and experience, the challenge of holding responsible parties accountable can lead to injustice and unnecessary financial hardship for victims and their families.

    What to Do Following a  Tractor Trailer Wreck to Protect Yourself and Legal Rights

    The aftermath of a truck accident is chaotic and overwhelming, especially when it leaves you seriously hurt and in pain. However, to the best of your ability, take the following steps to protect your well-being and your right to pursue compensation:

    If You’re Still at the Accident Scene

    1. Call 911 and wait for police and medics to arrive.
    2. Seek immediate medical attention, either at the scene or at the nearest hospital.
    3. Follow your doctor’s treatment plans and attend all follow-up appointments.
    4. Gather evidence at the scene if you can, including photos of the wreckage, injuries, and surroundings. Ask any witnesses for their names and contact information.
    5. Get the truck driver’s name and contact information, as well as any other drivers involved.
    6. Avoid discussing the crash, accepting blame, or downplaying your injuries.
    7. Notify your own insurance company of the accident, but do not give a recorded statement to any insurance adjusters without consulting an attorney first.

    Contact an experienced truck accident attorney to discuss your rights and the next steps for seeking compensation. Most lawyers offer free consultations and represent truck accident victims on a contingency fee basis, so there’s no upfront cost to speak with an attorney and learn about your options.

    If Some Time Has Passed Since the Crash

    If you’re already home from the hospital and facing mounting bills and lost wages, don’t try to go through the claim process alone. The trucking company and its representatives may pressure you to accept a lowball settlement or make it difficult to prove your case.

    The sooner you contact a knowledgeable truck accident lawyer, the sooner they can get to work advocating for your interests and fighting to maximize your settlement or award.

    Why You Need a South Carolina Truck Accident Lawyer

    Our law firm regularly handles truck accidents and catastrophic injury claims. We know how to stand up to trucking companies and their teams of lawyers. We have the skills and resources to thoroughly investigate the cause of your crash, gather evidence, document your losses, and advocate for full and fair compensation on your behalf.

    We will promptly identify potentially liable parties and avenues of compensation before the trucking company and other at-fault parties can repair or destroy evidence. Truck accident attorneys take immediate steps to preserve logbooks, black box data, employment records, vehicle maintenance reports, and other critical evidence before they can disappear. A thorough investigation can often uncover wrongdoing by multiple parties, such as negligence by the truck driver, trucking company, cargo loading company, and truck or part manufacturers.

    Our attorneys will negotiate aggressively with the insurance companies to demand a fair settlement that covers all your losses and provides for any future medical and financial needs. If the insurers refuse to act in good faith and pay the amount you deserve, we will prepare to take your case to court and present a compelling case for maximum damages at trial.

    How Long Do I Have to Sue a Truck Driver or Trucking Company After an Accident?

    If you suffered serious injuries or losses in a truck accident someone else caused, you may wonder how long you have to file a lawsuit against the truck driver, trucking company, or any other party responsible for the crash. The answer depends on the statute of limitations in your state.

    A statute of limitations is a law that sets a strict time limit on your right to file a lawsuit. If you miss the deadline, you lose your right to seek compensation for your injuries and other losses, no matter how strong your case.

    For example, in South Carolina, you generally have three years from the date of the truck accident to file a personal injury lawsuit against the driver, trucking company, or any other liable parties. If a loved one died in the crash, eligible surviving family members also typically have three years from the date of death to file a wrongful death lawsuit.

    While three years may seem like plenty of time, you must consult a truck accident attorney as soon as possible to begin your case. Investigating a truck accident is far more complicated than a typical car accident claim.

    Trucking companies and their insurance carriers act quickly after a crash to gather evidence and build their defense. An experienced truck accident lawyer can take prompt action to preserve evidence and identify potentially liable parties before crucial information disappears.

    Additionally, South Carolina has different rules for claims against government entities. If the truck that hit you was owned or operated by a local or state government agency, or if you believe faulty road design or poor maintenance played a part in the wreck, you should contact an attorney for help.

    The South Carolina Tort Claims Act imposes several restrictions on pursuing compensation from government entities, and you need an attorney to advise you of your options and help you through the process.

    Contact Our Truck Accident Attorneys for Help Recovering Damages After a Tractor Trailer Collision

    If a devastating truck accident in South Carolina leaves you with serious injuries, contact Joye Law Firm today for compassionate guidance and relentless advocacy. Since 1968, our award-winning truck accident attorneys have helped injured people like you recover the full compensation they deserve. We’re ready to fight for you, too.

    Our skilled personal injury lawyers have earned a reputation for getting results for our clients in even the most complex truck accident cases. When you work with us, we’ll thoroughly investigate the crash, identify all potentially liable parties, gather compelling evidence of negligence, and document the extent of your losses.

    We understand the huge physical, emotional, and financial burdens you face – and we want to help you demand the full amount you need to get quality medical care, make up for lost income, compensate you for all the pain and suffering you’ve been through, and protect your future.

    Contact us today for a free case evaluation. You won’t owe any attorney fees unless we recover compensation for you.

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