[Transcript]
Who can be held accountable in a semi-truck accident case? My name is Kenneth Berger, and I practice law here in South Carolina and handle truck accident cases across the state. I made this video to help you learn more about who can be held accountable after a truck wreck. Now, when a commercial truck driver is found at fault in the accident, multiple parties may be held responsible. The first is the truck driver himself. Did he make a reckless decision that led to the accident? For instance, was he texting and driving or otherwise distracted during the crash? Or was he under the influence of drugs or alcohol? The trucking company may also be one of the parties held accountable for this accident because dangerous business practices lead to unsafe driving habits. Driver fatigue, for example, is often caused by over-demanding schedules that the company tries to enforce to maximize profits at the expense of safety. We also look into the companies hiring practices. Do they hire drivers with a history of substance abuse or a driving record plagued by other crashes? All this information can be used against the company in a civil case. And finally, the manufacturer of the truck: did the manufacturer or the company responsible for the truck's maintenance do something that resulted in the truck being in a dangerous condition? For instance, truck tires might be faulty; they blow, causing the driver to lose control of the vehicle. In those instances, the manufacturer, the distributor, or the mechanical folks can all be held accountable for any harm that was caused. So, at the end of the day, these can be complex cases, given the number of potential defendants. Just know that if you were hurt in a truck accident, I'm sorry for what you're going through. I want you to know that we're here to help you. You might have a lot of folks stacked up on the other side of these truck wreck cases. Insurance companies, truck drivers, truck driving companies, and tire manufacturers can get complicated. This is what we deal with; we try to make the complicated simple, and we try to make sure we protect the rights of people who have been harmed and make sure that their voice is heard.
Truck Accidents vs. Car Accidents
It’s important to recognize that these tractor-trailer accidents are rarely “accidents” at all but are commonly the result of a series of poor decisions made by the trucking company itself. While the truck driver may be at fault because of reckless driving or personally choosing not to abide by trucking regulations, the trucking company may also be liable for irresponsible hiring practices, lack of regular truck maintenance, or poor employee training.
Because these companies have so much at stake, they are covered by insurance companies with defense lawyers – some of whom will do nearly anything to reduce the amount of damages owed to the victim.
10 Common Causes of 18 Wheeler Wrecks on the Interstate
- Distracted driving (e.g., using the phone, looking at documents, eating in the vehicle)
- Driver fatigue. (e.g., a company incentivizes drivers to exceed the hourly driving limits)
- Lack of driver training.
- Unsecured trucking cargo.
- Improper maintenance.
- Improper trailer connection.
- Speeding.
- Overloaded cargo.
- Drug/alcohol abuse.
- Failure to maintain a proper distance.
What To Do After A Truck Accident In South Carolina
- Focus on your health.
- Avoid giving an insurance adjuster any information about the wreck until you speak with an attorney.
- Consider getting a free consultation from a lawyer with experience handling 18-wheelers and other commercial vehicle accidents in South Carolina.
Damages You Can Recover From A South Carolina Truck Accident Case
- Economic damages. Damages that represent tangible, actual losses of money. They include medical care, past and future lost wages, physical therapy costs, and property damage.
- Non-economic damages. These damages are intangible and refer to the emotional distress truck accidents often cause. They include physical pain, mental anguish, pain and suffering, and lost enjoyment of life.
- Punitive damages. are meant to punish the responsible party for his/her/their wrongdoing and deter them from allowing it to happen again in the future.
Contact Our Myrtle Beach Truck Accident Attorney
Whether you’re in Spartanburg, Columbia, Charleston, or elsewhere, you have a right to be safe on South Carolina's interstates. If someone violates that right, the law demands that they pay for the harm they've caused.
We recommend at least consulting with a truck accident lawyer in Myrtle Beach to help ensure you are not taken advantage of, your rights are protected, and you receive fair compensation for your losses. Our offices are conveniently located in Columbia and Myrtle Beach, and we have been proudly servicing clients throughout the surrounding areas. Contact us online today or call us at 803-790-2800 (Columbia, SC) / 843-427-2800 (Myrtle Beach, SC).