The surge in e-commerce has led to a significant increase in delivery truck traffic on South Carolina’s roads, bringing with it a heightened risk of accidents. These collisions often result in severe injuries and legal challenges, necessitating the guidance of a South Carolina delivery truck accident lawyer. Understanding the proper steps to take following such an incident is important for protecting your rights and ensuring you receive fair compensation for any injuries or damages sustained.
At Shelly Leeke Law Firm, a South Carolina truck accident lawyer on our team brings knowledge to these complex cases. Our commitment to client advocacy and legal excellence has earned us recognition among America’s top 100 attorneys. Our deep understanding of South Carolina’s legalities uniquely positions us to guide clients through every step after a delivery truck collision, protecting their rights at every turn.
What to Do After an Accident with a Delivery Truck in South Carolina
The moments following a collision with a delivery truck can be chaotic and overwhelming. Your priority should be your safety, along with anyone else involved in the accident. Move your vehicle to a safe location away from traffic and turn on your hazard lights to alert other drivers.
Once you are safe, call 911 immediately to report the accident and request medical assistance if needed. Even if you feel fine, you should get checked out by a medical professional, as some injuries may not be immediately apparent. While waiting for emergency services to arrive, begin gathering evidence if it is safe to do so.
Document the scene by taking photos of vehicle damage, road conditions, and any visible injuries. If there are any witnesses, politely ask for their contact information as well, as their statements could be valuable for your case later on. You may wonder if you really need to hire a lawyer for your accident case, and the truth is having legal representation can take a lot of the burden off of you. Our experienced team of South Carolina personal injury lawyers will use every tool at our disposal to ensure a positive outcome for your case.
Legal Considerations in South Carolina Delivery Truck Accident Cases
Trying to figure out what you are supposed to do legally after a delivery truck accident can be confusing. These cases often involve multiple parties, including the truck driver, the delivery company, and potentially the manufacturer of the truck or its parts. Some legal considerations in delivery truck accident cases when proving the truck driver or trucking company is responsible for a truck accident include:
- Determining who is liable.
- Identifying all potentially responsible parties.
- Making sure you understand the comparative negligence laws in South Carolina.
- Assessing the full extent of damages, including current and future medical expenses, lost wages, and pain and suffering.
According to the South Carolina Contribution Among Tortfeasors Act, the state follows a modified comparative negligence rule, which means you can recover damages if you are not more than 50% at fault for the accident. However, your compensation may be reduced by your percentage of fault. This is why having a skilled delivery truck accident attorney in South Carolina is ideal to protect your rights and increase your chances of receiving potentially fair compensation.
Common Injuries After a Delivery Truck Accident
Accidents involving delivery trucks, such as those operated by Amazon, can result in severe injuries because of the size and weight difference between trucks and passenger vehicles. The impact of these collisions can lead to a range of injuries, from minor to life-altering. Common injuries after a delivery truck accident include:
- Whiplash and neck injuries
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones and fractures
- Internal organ damage
- Cuts, bruises, and soft tissue injuries
You should immediately seek medical attention following an accident, even if you do not immediately feel injured. Some injuries, particularly those affecting the internal organs or brain, may not show up that same day. Prompt medical care ensures your health and well-being and creates a documented link between the accident and your injuries, which can be vital for your legal claim.
Common Causes of Delivery Truck Accidents
Understanding the frequent factors contributing to delivery truck accidents can help establish liability and build a strong case. Driver fatigue is a significant factor in many of these accidents. Delivery truck drivers often work long hours under tight deadlines, which can lead to exhaustion and impaired judgment on the road.
Another frequent cause is inadequate training or experience. Delivery companies may sometimes prioritize meeting high demand over ensuring their drivers are properly trained to handle large vehicles in various traffic and weather conditions. This can result in drivers making critical errors that lead to accidents.
Distracted driving is also a growing concern in delivery truck accidents. Drivers may be tempted to use their phones or onboard computers while driving, taking their attention away from the road due to the need to navigate multiple destinations and communicate with dispatchers. Poor vehicle maintenance, overloaded trucks, and aggressive driving behaviors can all contribute to the occurrence of these dangerous accidents.
How Long You Have to File a Delivery Truck Accident Claim in South Carolina
In South Carolina, the statute of limitations for filing a personal injury claim, including those arising from delivery truck accidents, is almost always three years from the accident date. Failing to file within this period may result in losing your right to seek compensation through the court system. However, there are several factors that can affect this timeline:
- If the accident resulted in a fatality, the statute of limitations for a wrongful death claim is also three years, but it begins from the date of death, which may be different from the accident date.
- If a government entity is involved (for example, if the accident was partly caused by poor road maintenance), you may have a much shorter time frame to file a notice of claim, often as little as 180 days.
- In cases involving minors, the statute of limitations may be extended, typically until the minor reaches the age of majority.
While three years may seem like a long time, starting the legal process as soon as possible after the accident is best. At Shelly Leeke Law Firm, we understand the importance of timely action in delivery truck accident cases. A delivery truck accident lawyer in South Carolina can help you understand these time constraints while building a strong case on your behalf.
Partner with a South Carolina Delivery Truck Accident Attorney
A South Carolina delivery truck accident lawyer at the Shelly Leeke Law Firm brings over a decade of experience to personal injury cases, including delivery truck accidents. Our team of skilled attorneys may be able to help you secure compensation from those responsible for your collision. Contact us today for a free consultation to discuss your case and explore your legal options.
