Semi-trucks present more operational challenges than smaller vehicles. These challenges and other characteristics specific to semi trucks make the vehicles more dangerous and more capable of causing serious injuries, fatalities, and property damage when involved in accidents. Semi-trucks are massive. They carry heavy–often hazardous–cargo. Often, their drivers are pressured into a “race” against competing companies, and they violate safety standards to emerge as winners.
Semi-truck accidents often incur devastating consequences for victims. They also present unique complexities, making it difficult to know who to hold responsible for those consequences. It is in a victim’s best interest to partner with a Columbia truck accident lawyer from Shelly Leeke in the aftermath of a semi-truck accident. We offer no-fee, no-obligation case consultations, and when a Columbia semi-truck accident lawyer from our firm takes your case, you do not pay any legal fees until you receive compensation.
Possible Liable Parties of Semi-Truck Accidents
There are a number of potentially liable parties in a truck accident, so having a semi-truck accident lawyer in Columbia conduct a post-accident investigation is a critical element of a successful injury claim. Victims can only collect a settlement by proving negligence on the part of the entity that caused the accident. A Columbia personal injury lawyer pointing the finger at the wrong party will not generate the evidence needed to prove the claim.
Our team is experienced in accident investigations. We also have connections to accident reconstructionists and other resources that can help provide an accurate account of what happened. Possible liable parties can include:
- Truck operators: They may drive while distracted, commit traffic violations, drive recklessly or while under the influence, violate Federal Motor Carrier Safety Administration (FMCSA) regulations governing hours of service and mandatory rest, and drive while fatigued.
- Third-party drivers: Though not governed by the FMCSA, all drivers owe others on the road a duty of care. Failure to practice safe driving behaviors or committing safety or other operational violations could breach this duty and cause an accident, leaving them liable for paying damages.
- Truck companies: Companies must train drivers, remove unsafe drivers from the roads, and abide by FMCSA inspection and maintenance regulations. Truck drivers may also be culpable if found to have pressured drivers into overloading cargo or otherwise cutting corners to get to their end location faster.
- Mechanics: Truck drivers must inspect their vehicles pre- and post-travel, and companies must have their trucks maintained according to schedule. If these parties note a needed repair and the mechanic’s shoddy or incomplete work allows an unsafe vehicle on the road, the mechanic may bear responsibility.
- Part Installers or Manufacturers: Semi-trucks consist of several complex mechanical systems and a multitude of parts. Errors in installation or part defects can leave part installers or manufacturers accountable.
- Local, State, or Federal government offices: Accidents may result from roads left in poor condition or from defective traffic signals. These situations may put the focus on the respective government office in charge.
Semi-Truck Accident Investigation
Your semi-truck accident lawyer in Columbia will get to work immediately after entering a legal partnership with you. Investigating the incident to determine the at-fault party and gather evidence of negligence will be a priority. Your attorney’s awareness of trucking industry regulations is critical to this investigation as they have the ability to expose violations or compliance failures.
Additional evidence may come from witnesses, relevant experts, nearby traffic or security camera footage, and the semi-truck’s “black box.” The black box is the electronic recording device (ERD) that contains data about the truck’s operation in the time leading up to the accident, among other potential evidence. The operator’s speed, braking, and steering choices, and information regarding the truck system’s functionality may all be included.
Once the at-fault party is identified, your semi-truck accident attorney in Columbia will file your injury claim with the court according to South Carolina Code §15-3-530, which establishes the State’s three-year legal filing deadline. You may not have to go to court for a truck accident, as it is possible your case will settle through negotiation. However, prompt filing protects your right to a trial should the other side fail to make a just compensation offer.
Securing Damages Through a Settlement or a Trial
The damages you can collect after a truck accident depend on the severity and consequences of your injuries, the extent of your contribution to the accident (if any), and other factors. South Carolina Code §15-38-15 allows victims to pursue damages if they are less than 50% responsible for the accident. Should you meet that requirement but share some blame, you can still see a reduction in compensation proportionate to the percent of fault you hold.
Your Columbia semi-truck accident attorney will consider all elements of your accident consequences when calculating a fair damages amount. Income loss, medical costs, injury pain, disability, disfigurement, emotional suffering, and decreased quality of life all matter, as do your anticipated needs. You may need continued medical costs or be permanently unable to earn a paycheck, and your attorney will factor in all of these important details.
The team at Shelly Leeke is made up of skilled negotiators. We will fight to prevent unfair apportionment of blame that could reduce your compensation and demand the at-fault party pays the fair compensation they owe you. The truck drivers or trucking companies responsible for your truck accident or other possible negligent parties may have powerful representation, and our team is ready to meet any adversary head-on–we do not give up on the fight for justice.
Here to Protect Your Rights and Get You Justice
Do not face the consequences of a semi-truck accident alone. An experienced Columbia semi-truck accident lawyer from Shelly Leeke is ready to fight for you. The party who caused your injuries must be held accountable. It is their responsibility to compensate you for the damages resulting from their negligence. We are here to protect your rights, get you the justice you deserve, and put you back on secure financial ground.
