18-Wheeler Truck Accidents
We Fight for Justice for Trucking Accident Victims
18-wheeler trucks are common sights on highways across the country. Also known as semi-trucks, tractor-trailers, or big rigs, these massive vehicles can weigh up to 80,000 pounds. The sheer size can translate to devastation if an 18-wheeler is involved in a collision with a smaller vehicle. When such a crash occurs, victims or their families may wish to file a trucking accident lawsuit to seek to hold the trucking company and its driver responsible for any injuries and damages caused by the accident. Taking on a trucking company and proving fault can be an arduous process, making it critical to seek out the help of an experienced 18-wheeler accident lawyer.
One of the most important things to understand about trucking accident lawsuits is that they are basically in a class of their own compared to other personal injury claims. The trucking industry is highly regulated by both state and federal agencies, making it subject to different sets of laws and regulations than other types of personal injury cases – even other types of motor vehicle injury cases.
For example, trucking companies are required to maintain detailed records of their drivers' hours of service to ensure that they are not driving while fatigued. They are also required to conduct regular maintenance and safety inspections on their vehicles. That makes for a lot of evidence to go up against when trying to sue a trucking company for damages – unless, of course, the company failed to live up to industry standards.
These regulations are implemented to prevent accidents due to driver fatigue, improper vehicle maintenance, and equipment failure from happening, though those are still among the common causes of accidents involving 18-wheeler trucks. Other reasons why trucking accidents occur include speeding, distracted driving, and difficult road or driving conditions. Determining fault can be difficult, since multiple parties may share responsibility for the accident, such as the driver, the trucking company that employs the driver, and the manufacturer of the truck or its components.
18-wheeler accident lawsuits are typically filed by the victims of the accident, or their families, in order to seek compensation for their losses. These losses may include property damages, lost wages, medical bills, and pain and suffering. In some cases, victims may also be able to recover punitive damages, which are intended to punish the defendant for their actions and deter similar behavior in the future. This is especially true for trucking companies whose negligence to follow regulations and laws set by federal and state authorities was proven to have caused an accident.
Trucking accident lawsuits may involve a wide range of legal issues, including negligence, breach of contract, product liability, and wrongful death. It is important to work with an experienced truck accident lawyer who is familiar with the complexities of these cases and can help victims or their families navigate the legal system.
To succeed in a trucking accident lawsuit, the person filing the claim (known as the plaintiff) must prove that the driver, trucking company, or manufacturer (the defendant) was responsible for the accident and any resulting injuries or damages. Often this requires gathering evidence like accident reports, medical records, photos or video from the scene, witness testimony, and more. Sometimes a plaintiff may even choose to work with an accident reconstruction expert to analyze the scene of the crash and determine its cause. Putting together a case like this is complicated and best coordinated by an attorney with a thorough understanding of such legal matters.
If you or a loved one has been involved in a trucking accident, it is important to seek legal advice from Columbia truck accident lawyers as soon as possible. There are strict deadlines for filing personal injury lawsuits, and failing to meet these deadlines can result in the loss of your legal rights. Working with an experienced personal injury attorney familiar with trucking lawsuits can help you navigate the complexities of this type of case and give you the best chance to receive the compensation you deserve.
FAQs
What is negligence?
In general, negligence is the legal doctrine that requires people to conduct themselves in a reasonable manner. The elements of negligence are: A duty of care was owed by the defendant to the plaintiff; The defendant breached that duty, and as a result of the breach, the plaintiff has been damaged. All operators of motor vehicles have a duty of due care to operate the vehicle in a safe manner and follow the traffic laws of the state.
Who is responsible for the accident?
After an accident, an officer generally arrives on the scene and will provide you a document stating which party “contributed” to the accident. While this document may be useful for attorneys and insurance adjusters, it is generally inadmissible at trial because the officer did not personally witness the accident. The parties must prove fault through other means, including the testimony of the parties and witnesses, physical evidence including photographs, and expert witness.
What if both parties caused the accident?
In South Carolina, you can still recover your damages from a motor vehicle accident if you are partially at fault, so long as it is determined that you are less than 50% at fault. This is a doctrine that is known as comparative negligence.