18 Wheeler Accident Lawyer Near Me

 

18 wheelers are a common sight around Charleston and Columbia, SC. Most professional drivers are responsible individuals who drive their giant semi-trucks skillfully and responsibly. However, with many hours spent on the road and many miles covered, mechanical failures, errors, and unguarded moments can cause devastating accidents. 

If you or someone dear to you has been injured, you may be able to recover compensation. Our 18 wheeler accident lawyer near me law firm can help with your claim, improving your chances of recovering the maximum compensation possible. Joe Cunningham Law has served the local community since 2018 and has helped many residents receive the compensation they need to rebuild their lives in the wake of a tragedy. Reach out to our Charleston truck accident attorney today. 

Why Choosing Joe Cunningham Law Should Be The First Step on Your Journey Toward Justice

Choosing an 18 wheeler accident lawyer near you in Charleston or Columbia, SC is sensible. However, you should make your selection based on the skills, track record, reputation, and people-centered approach you need to achieve the best possible outcomes. With Joe Cunningham Law, you have access to:

• Lawyers with a strong background in trucking laws and regulations
• A former Congressman who believes it is his duty to serve communities and put people first
• A legal team with in-depth knowledge of how insurance company attorneys work
• A law firm that has earned a reputation for its professionalism throughout the legal community 
• Lawyers with a strong background in personal injury law, with a focus on truck and car accidents
• A lawyer who will treat you with all the compassion, respect, and integrity you deserve

Joe Cunningham Law will provide sound guidance on how the law applies to your case, information on your rights as an accident victim, and an honest assessment of your case and what you can expect going forward. We never make exaggerated claims or promises that we cannot fulfill. Instead, you will benefit from ethical professionalism and a lawyer who will stand up for your rights. 

Compensation After an 18 Wheeler Accident

The consequences of an 18 wheeler accident often exact a heavy toll with severe injuries, if not fatalities. For survivors and their families, the financial, practical, and emotional costs can be incalculable. As a result, any compensation that can be claimed should be sought. This includes:

• Medical costs, including longer-term healthcare
• Loss of earning capacity spanning the time a person will be disabled
• Compensation for pain and suffering
• Disability or disfigurement
• Compensation for mental anguish and distress, including PTSD

When there are fatalities, the above can still be claimed on behalf of the victim, along with funeral expenses and compensation for the personal losses family members must endure following the death of a loved one. Such a loss can never be fully compensated, but fair compensation can help surviving family members work toward rebuilding their lives.

How the Principles of Negligence and Comparative Negligence Are Applied in South Carolina

The principles of fault and comparative negligence have a pivotal role in any motor vehicle accident case. As a result, our 18 wheeler accident lawyer near you must gain a thorough understanding of your accident so we can effectively support your claim in the face of any objections that may arise. 

Negligence and Liability

In accident cases, the defendant did not intend to harm the plaintiff. Lawyers must provide evidence of negligence to show that they are liable. Negligence occurs when a person fails to implement a level of care that a reasonable person would have exercised. This can take the form of a negligent act or an omission when there was a duty to act. 

People are expected to apply reasonable care, avoiding acts or omissions that may harm others. Thus, the first step is to show that there was a duty of care that the defendant failed to fulfill. Next, it must be shown that this failure caused the accident and that the accident caused the plaintiff’s injuries. The presence of these elements of negligence may be disputed, and lawyers must prepare supporting evidence showing negligence and, therefore, liability.  

Comparative Negligence in South Carolina Law

Our 18 wheeler accident lawyer in Charleston, SC knows that showing another driver was negligent may not be enough to secure your compensation. South Carolina laws will also take the liability of other parties, including plaintiffs, into account. 

In simple terms, and in accordance with South Carolina Code § 15-38-15 , plaintiffs may only recover compensation when they are less than 50 percent at fault for the accidents in which they were injured. Thus, if a driver is 50 percent at fault in an accident, they cannot claim any compensation. 

However, in line with South Carolina Code § 15-1-300, a driver who is less than 50 percent to blame for the accident can still claim but must bear liability for their share in the accident. In other words, if a driver was 25 percent to blame for their accident, they can only claim 75 percent of their total damages. A strong lawyer can predict possible challenges to a case and will be prepared to push back against any allegations that the accident victim has a greater share of fault than indicated by the evidence. 

Unique Features of 18 Wheeler Accidents and Their Effect on Victims

Our 18 wheeler accident attorney in Charleston, SC is experienced in handling catastrophic collisions involving large commercial trucks and tractor-trailers. Because these accidents frequently have severe consequences, compensation claims are frequently high and are often impossible to settle satisfactorily without litigation. Unique aspects include:

Size and Weight Disparity Between Cars and 18 Wheelers

The sheer weight of an 18 wheeler, coupled with its momentum, is capable of immense damage. A loaded semi can weigh as much as 80,000 pounds. A standard passenger vehicle only weighs 3,000 to 4,00 pounds. Impact forces are severe, and there is an increased likelihood of catastrophic injuries and fatalities. 

Increased Risk Not Commonly Associated With Standard Crashes

Although any driver may spend too long on the road to be capable of driving safely, professional drivers are often under pressure and may take shortcuts with rest periods, leading to impaired driving due to fatigue. A study published in BMC Public Health showed that sleep deprivation caused greater impairment than a blood alcohol content of 0.046 percent.

Other unique risks include incorrect loading, which may lead to unstable trailer handling, and an increased likelihood of failure for improperly maintained or faulty components. In addition, the sheer size of 18 wheelers means that they are not as maneuverable as smaller, lighter vehicles and have larger blind spots, a risk during lane changes and turns. 

Strict Regulations May Be Breached, Leading to Accidents

Heavy vehicles must follow strict regulations set out by the Federal Motor Carrier Safety Administration (FMCSA). They include hours of service limitations, stringent vehicle maintenance standards, driver qualification requirements, special training requirements for drivers, and more. Our 18 wheeler accident lawyer in Columbia, SC is familiar with these rules, and any breach implies negligence on the part of the trucking company or truck driver. 

Complex Liability Questions in 18 Wheeler Accidents

Multiple parties may be liable or share liability in 18 wheeler accidents. When drivers are employed by a company, the company must accept liability for any accidents that occur. If, on the other hand, they hire a contractor to transport goods on their behalf, the contractor, who may also be the driver, could be liable. This presupposes that elements other than driver’s negligence are absent. 

When they are present, cases become more complex. For example, if improperly loaded freight contributed to the accident, the company responsible for loading may have a greater or lesser proportion of liability. Alternatively, if component failure caused or contributed to the accident, companies tasked with maintenance or even component manufacturers may be liable. 

Evidence That May Strengthen 18 Wheeler Accident Cases

An interesting and often helpful feature of 18 wheeler accidents is the amount of additional evidence available. Our 18 wheeler accident attorney near you will be quick to ensure this evidence is preserved and recorded. Apart from the usual evidence from traffic cameras, witnesses, drivers, police accident reports, and accident photos or footage, 18 wheelers are generally closely monitored. 

This provides evidence like GPS tracking data, information from electronic logging devices, and onboard camera footage. Besides this, companies will keep maintenance and inspection logs that may indicate breaches of regulations if they are incomplete. 

Similarly, they are required to keep personnel records, including driver qualification information and training records. Any of these may contain key information for our South Carolina truck accident attorney, indicating factors that contributed to the accident.

The Statute of Limitations for 18 Wheeler Accidents Calls For Prompt Action

According to South Carolina Code § 15-3-530, plaintiffs generally have three years from the date of an accident to file suit for personal injury or wrongful death. However, there are certain exceptions to this rule. For instance, if an injury occurred while a person was still a minor, the statute of limitations only begins to count down after they attain their majority. 

This is not the only exception. If you hope to claim after the three-year mark and believe you have sound reasons as to why it would not have been possible to do so earlier, consult our Columbia, SC personal injury lawyer to discover whether an exception may be applicable.

It is advisable to get help from a lawyer as soon as possible after your crash since evidence must be gathered, and not all evidence is routinely preserved for lengthy periods. For example, the Department of Transportation reports that CCTV footage is typically stored for thirty days, although it is sometimes stored for longer when a violation is recorded. 

This type of footage may be important to an 18 wheeler accident lawyer near you who is working to build a strong case for your compensation. Even when a violation is not present, it may reveal that a driver was behaving erratically or showed signs of issues that make the semi less easy to control. 

Roads Near Charleston and Columbia with Elevated 18 Wheeler Accident Risk 

Local knowledge is among the advantages of choosing an 18 wheeler accident lawyer near you. Regarding roads in the region of Charleston and Columbia, 18 wheeler accidents occurring on the 119 miles of Interstate 26 connecting these two cities are regrettably common. This is due to the large number of 18 wheelers using this route to ferry goods to and from the busy port at Charleston, SC. 

Heavy traffic during the summer and wildlife crossings pose additional dangers. National Highway Traffic Safety Administration data tools indicate a significant uptick in accidents during the summer months. In particular, the stretch of US-17 approaching the Ashley River bridge is known as a high-accident zone. 

Though congested during rush hours, speeds increase during quieter times of the day as US17 becomes a limited-access road on the approach to the Cooper River. Both congestion and increased speeds have their unique risks. When speeds increase, impacts are more severe. When traffic is congested, small mistakes can lead to catastrophic accidents.

Consult Joe Cunningham Law to Gain an Informed Perspective on Your Case

As you search for an 18 wheeler accident lawyer near you in Columbia or Charleston, SC, you are no doubt speculating on the odds of winning a case and the possible value of your compensation. Gain an informed perspective by taking advantage of our free consultation offer. 

If you have a strong case and are concerned about affordability, we accept cases on a contingency fee agreement. This means that you only pay for our services if we are able to secure compensation on your behalf.. Simply fill in our contact form to learn more.