A tanker truck accident can be devastating to all involved. Following a tanker collision that occurred due to no fault of your own, it may be beneficial to get help from a Walterboro truck accident lawyer. From here, you can explore your legal options and determine if now is the right time to file a claim for damages.
With more than a decade of experience, the Shelly Leeke Law Firm can help you get damages in your trucking accident case. Our Walterboro tanker truck accident lawyer is available to review your case. To get started, contact us today.
Tanker Truck Definition
For those involved in a tanker crash, it may be best to pursue legal help with a Walterboro personal injury lawyer. The Shelly Leeke Law Firm offers a no-win, no-fee guarantee for tanker collision lawsuits and other personal injury claims. Contact us today to schedule a free consultation with our tanker truck accident lawyer in Walterboro.
Companies use tankers to haul chemicals, gases, and other hazardous and non-hazardous materials. There are light, medium, and heavy-duty categories of tanker trucks. Most of these vehicles have a gross vehicle weight rating that exceeds 33,000 lbs.
If a tanker truck slams into a vehicle or tips or rolls over, the damage can be significant. The vehicle may spill dangerous materials, leading to fires and explosions. These materials may also cause people to experience burns and other injuries.
Tanker Truck Laws
The Federal Motor Carrier Safety Administration (FMCSA) has cargo transport safety requirements in effect. These regulations are designed to protect against rollover accidents. If a trucker chooses to ignore these mandates, they may cause an accident that results in injuries and fatalities.
There are FMCSA regulations that apply to drivers of tanker trucks and other commercial vehicles. For example, there are hours of service (HOS) regulations that limit how many consecutive hours a trucker can spend driving. If a truck driver or their employer violates these regulations, they may be punished accordingly.
You may have no idea if any laws were violated at the time of your tanker vehicle accident. A Walterboro tanker truck accident attorney can review the facts surrounding your case. They may help you determine who is liable for your accident and help you hold this party accountable for their negligence.
Who Is Responsible for a Tanker Accident
You may be wondering who can be sued in a truck accident case. A tanker truck accident attorney in Walterboro may help you identify the at-fault party. There are many parties who may be liable for your crash, such as:
- Trucker
- Trucking company
- Truck owner
- Truck manufacturer
It may be a good idea to meet with an attorney as soon as you can after your collision. Your lawyer can discuss your accident with you, determine who is liable, and help you decide whether to file a claim. If you decide to move forward with a claim, your lawyer can help you seek the most damages possible.
When to File a Tanker Crash Claim
If you are unsure about how long you have to file a lawsuit after a truck accident, consult with an attorney. Generally, you may have up to three years from the date of your crash to pursue damages. After three years, you may no longer have the right to file a claim.
You can ask for economic and non-economic damages in your injury lawsuit. Economic compensation may be awarded based on your car repairs or replacement, medical bills, and other losses you can quantify. Non-economic damages may be provided for your pain and suffering.
When you ask for compensation, you are not guaranteed to receive any damages. You are responsible for the burden of proof. If you cannot provide sufficient evidence to support your request for compensation, a judge or jury may be inclined to rule in the defendant’s favor.
Proving Negligence in a Tanker Truck Accident Case
One of the best things you can do to protect your rights after a truck accident involves collecting evidence at the crash scene. You can use your smartphone to capture photos and videos of damage to your car and injuries. Along with these, you can get contact information from eyewitnesses, as these individuals may be able to provide statements to strengthen your case against an at-fault party.
Evidence may help you prove negligence in your tanker accident lawsuit. In addition, you may have to make it clear to a judge or jury that you are in no way responsible for your collision. To do so, you may have to show all of the elements of negligence were present at the time of your crash.
To show an at-fault party was negligent, you must verify that they had a legal obligation to avoid careless and reckless acts toward you. Also, you must show that this party violated their duty of care, which led to your crash. Lastly, you must illustrate that you are dealing with economic or non-economic damages due to the party’s actions.
Tanker Accident Comparative Fault
In terms of the negligence laws of South Carolina, a 51% comparative fault rule applies. Based on this, you may be found partly responsible for a tanker accident. If you share liability with another party, you may receive less damages than what you originally requested or no compensation at all in your injury claim.
As an example, a judge or jury may say you are 20% at fault for your trucking collision. This means the defendant in your case is 80% liable. Therefore, they may have to pay you 80% of the damages you initially requested.
Alternatively, a judge or jury may find you are 51% at fault for your truck crash. If this occurs, you are primarily responsible for your accident. As a result, the defendant may not be required to pay you any damages.
Get Legal Help from a Walterboro Tanker Accident Lawyer
If you are considering your legal options after your tank truck collision, the Shelly Leeke Law Firm can help you out. Our tanker accident lawyer in Walterboro has a proven track record in personal injury cases. To schedule a free consultation, contact us today.
