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Truck Accident Attorney in Spartanburg, South Carolina

Truck accidents are among the most catastrophic categories of road accidents in our society. The injuries caused can vary with the size and weight of the truck. Large 18-wheeler trucks are usually heavy, collisions involving them are usually severe and cause severe injuries, wide property damage, and sometimes fatalities.

The NHTSA also shows that thousands of individuals lose their lives in large truck crash accidents every year, while many others suffer severe consequences. The consequences of such accidents are devastating; victims and their families endure physical, emotional, and financial burdens in the aftermath of such events.

Truck accidents often involve multiple parties and establishing who is responsible for the accident is sometimes not a simple task as it may involve the driver of the truck, the company that employed the driver, companies contracted to maintain the truck or its parts and manufacturers of the parts in question. This just goes to show that these cases are very complex and it is usually advisable to have a good lawyer to handle the case.

Max Hyde Law Firm offers professional legal services to the victims of truck accidents, with a touch of compassion. Our specialists know that such cases are often complex and are ready to assist our clients in obtaining the maximum possible damages. 

Our passion for justice coupled with our experience places us in a vantage position to assist you right from the time you approach the court to the time you receive your judgment. You can reach us at (864) 804-6330 for a free case consultation with a truck accident lawyer and see how we can help you.

Some Common Causes of Truck Accidents in Spartanburg

There are numerous common causes of truck accidents, and identifying the cause of our accident is crucial for your South Carolina truck accident lawyer to effectively handle your case. Our Spartanburg truck accident lawyer will collaborate with you to pinpoint the cause of the accident and ensure that you receive fair and just compensation. 

Some of the most frequent issues that lead to truck accidents include:

  • Distracted Driving
  • Defective Parts
  • Drowsy Driving
  • Driving Under the Influence
  • Lack of Proper Training

Any of these factors can cause an accident, and sometimes these accidents result from a combination of issues. If you’ve been involved in an accident with a big rig, our Spartanburg truck accident lawyers can help you navigate the complexities and concerns of your case, working to secure the compensation you deserve.

Liability Laws in Truck Accident Cases in Spartanburg, SC

In South Carolina, liability in most of the truck accident claims is justified by the legal principle known as negligence. Before the injured party can seek damages, he or she needs to demonstrate that the truck driver or another party was negligent and that the negligence was a big factor that led to the occurrence of the accident as well as the resulting harm. If you are to claim the highest possible compensation.

Below are some of the personal injury laws you should know as a resident of Spartanburg SC

Comparative Negligence Reduction: If the victim is found to be partially responsible for their accident, their damages will be reduced by the percentage of their negligence under South Carolina’s modified comparative negligence rule. For instance, for the same victim who suffered $200,000 in damages, but was twenty percent at fault, he or she would be entitled to $160,000. [1]

Statute of Limitations

The period within which to file a personal injury claim including trucking accidents is three years from the date of the occurrence in South Carolina. This time limit can vary according to the specifics of your case. So it is highly recommended to consult with a lawyer to determine the exact deadline for your case. [2]

Responsible Parties

In a truck accident case, multiple parties may be held liable, including:

  • The truck driver.
  • The trucking company.
  • The company responsible for maintaining the truck.
  • The company that loaded the cargo.

Caps on Damages

Currently, South Carolina does not limit the amounts of damages that can be awarded for truck accidents. This means there is no cap on the amount of economic losses (medical bills, lost wages, property damage) or non-economic losses (physical and mental suffering). [3]

However, there are a few exceptions to this general rule:

Punitive Damages Cap

Exemplary damages, which are awarded to punish the defendant for his actions, might also be awarded in certain circumstances. However, South Carolina has had caps for punitive damages at three times the amount of compensatory damages or $500,000.

Claims Against Government Entities

Even if the accident was caused by a truck and it involves a state or local transportation department then a claim might be filed. But South Carolina has the South Carolina Tort Claims Act, which defines the extent of the government’s involvement and sets the maximum amount of damages at $300,000 for the individual and $600,000 for the. [4]

For the victim to win the case against a government entity, he or she must prove that the employee of the government entity was negligent in the performance of their duty as required by their job description. The victim also has to meet very rigid notice provisions such as filing a claim within two years from the accident date.

Importance of Legal Counsel

Due to the factors involved in truck accidents and the high chances of the victims being awarded hefty amounts of compensation, an injured person should consult with out Spartanburg truck accident lawyer. We are capable of guiding the client on the legal procedures to be followed, how to gather evidence, establish all those who contributed to the incident, and guarantee that the victim receives adequate compensation. If you’ve been involved in an accident with a truck, contact Max Hyde Law Firm for a free consultation

What To Do After a Truck Accident in Spartanburg, SC 

Truck accidents are always a very traumatizing experience, and if one is involved in one, they are likely to be overwhelmed. Understanding the measures to be taken soon after the accident can go a long way in safeguarding your legal claim and get the deserved compensation.

Here’s a guide on what to do following a truck accident in Spartanburg, SC.

  • Seek Medical Attention

Even if you feel fine it is advisable to go to the hospital as early as possible despite the fact that you may not feel any discomfort. Certain injuries may be concealed and may not be easily noticed at first instance. A medical examination will take a record of the injuries that you have incurred which is useful for any future litigation.

  • Document the Scene

If it is possible, take pictures of the scene of the accident . Document the scene through photographs of the vehicles, the injuries if any, the road and any other information that may be useful. Take personal details of the witnesses and obtain the name, phone number, and insurance details of the truck driver. Again, write down the name of the trucking company and any numbers on the truck if any.

  • Report the Injury

Inform the necessary departments about the accident. This could be to the police, your employer if the incident occurred at the workplace or the owner of the property where the accident occurred. This step is important to make sure that all the required parties can record the incident appropriately.

  •  Consult with our Truck Accident Attorney

Truck accidents are always associated with legal and insurance complications. These are some of the issues that can be explained by a professional truck accident attorney in Spartanburg. Hiring our expert attorneys can help in evidence collection, insurance companies’ negotiations, and guaranteeing the deserved compensation.

  • Investigation and Evidence Gathering

Our team obtains important documents such as medical records, and police reports, and witnesses’ testimonies. We use rigorous investigation processes and legal knowledge to search for all the facts, thus creating a solid ground for the case.

  • Negotiation with Insurance Companies 

In regard to insurance, we will take full responsibility for communications and negotiations on your behalf. They are also very skilled in responding to strategies that are designed to reduce the amount paid out. We do everything in our power to ensure that you receive the highest settlement for your injuries.

  • Filing a Lawsuit (if necessary)

In the event that negotiation is not possible or you still do not get justice, we are ready to take your personal injury case to court. This commitment is not limited to the pre-trial phase but goes up to trial if the matter gets that far.

  • Resolution and Compensation 

We handle lien issues, pay off balances, and help you get the money you are owed. It is our objective to minimize the financial concerns of your case so that you can concentrate on healing.

At Max Hyde Law Firm, we understand that our primary goal is to fight for the best solution and to also help lessen the stress that comes with such circumstances, so that you can focus on your health.

Dealing with Insurance Companies After a Truck Accident in Spartanburg, SC

The process of filing an insurance claim after a truck accident in Spartanburg, SC needs to be approached with vital steps to allow one to get fair compensation for the damages sustained. 

One should inform the insurance company of the accident immediately and provide accurate information without assuming responsibility. The rights are protected by documenting all the communication and avoiding the early settlement offers. 

Lawyers at Max Hyde can help you throughout the claim process and ensure that you are awarded the highest possible compensation. Our expert negotiators have years of experience in dealing with the insurance companies to maximize the compensation you get.

Some of the most frequent strategies adopted by insurance companies are:

Delaying Claims Processing: Some insurance companies will take time to process your claim with an aim of making you accept a smaller amount.

Offering Low Settlements: Generally, early offers are always lower than what you may be able to claim in court. They are designed to work out claims swiftly and inexpensively for the insurer.

Disputing Liability: It is common for the insurers to contest the liability so that they do not have to pay out the claims or pay less than the claimant is legally entitled to.

Requesting Recorded Statements: Insurance adjusters may ask you to make recorded statements which can be detrimental to your case at some point.

Using Your Statements Against You: Whatever you say to the insurance company can be used to dismiss or reduce your claim in some way.

Challenging Medical Evidence: Insurance companies may dispute the need or the degree of your medical treatment in order to reduce the costs of your treatment that they have to pay.

Claiming Pre-existing Conditions: They can also deny that they were caused by the accident or were present before the accident happened in order to pay you less.

Types of Damages That Can be Recovered in a Truck Accident Case in Spartanburg, SC

In a personal injury claim in Spartanburg, it is possible to claim for several forms of damages to cater for the loss incurred. These damages are usually categorized as special and general damages; these two categories focus on different ways an injury is likely to affect your life. [5]

Economic Damages

  • Medical Expenses:
  • Previous medical expenses for accident, trauma, surgery, physical therapy, and other medical care that was given.
  • Expected future medical expenses for further treatment, therapy, and any kind of equipment.
  • Lost Wages:
  • The past lost earnings from missed work resulting from the injuries.
  • Reduced earning potential in the future if the injuries lead to some form of permanent disability that would hinder the victim from working.
  • Property Damage:
  • The expenses to fix or replace the car or any other property belonging to the victim that was destroyed by the accident.

Non-Economic Damages

  • Pain and Suffering:
  • Suffering and pain that was occasioned by the injuries sustained by the applicants.
  • Physical pain, suffering, and loss of mental health as a result of the accident.
  • Loss of Enjoyment of Life:
  • Compensation for the victim’s diminished ability to participate in hobbies, activities, and other aspects of their life they previously enjoyed.
  • Loss of Consortium:
  • Compensation for the victim’s spouse for the loss of companionship, intimacy, and support due to the injuries.

Punitive Damages

In some cases, the court may award punitive damages if the truck driver or trucking company’s conduct was particularly egregious, such as: 

  • Drunk and driving and other related cases involving the use of drugs.
  • Enabling an inexperienced or unsafe driver to take the wheel of the vehicle.
  • Negligently towing the truck or operating the vehicle when there is a known safety concern.

Punitive damages are calculated to punish the defendant and to discourage him from repeating similar action in the future. The general damages refer to the exact amount that the plaintiff is entitled to receive and this depends on the extent of the injury inflicted on the victim. The compensation paid to the victim can be boosted by an experienced truck accident attorney.

How Our Experienced Spartanburg Truck Accident Lawyers Can Help You

Investigating the Accident: Our attorneys will engage in a detailed examination of the events that led to the occurrence of the trucking accident with a view of collecting vital pieces of evidence such as police reports, witness statements as well as an analysis of the accident scene.

Calculating Damages: Our attorneys will do the necessary calculations for your economic and non-economic damages such as future medical costs and earning capability so that you are fairly compensated.

Navigating Insurance Claims: Insurance firms are known to be a nightmare to deal with, more so after a traumatic accident has occurred. Our attorneys will deal with the insurance providers on your behalf, and when it comes to compensation, our lawyers will do everything within their might to ensure that you get the best deal.

Protecting Your Rights: Our qualified lawyers will assist you in all aspects of the legal process – from explaining your choices, meeting all the legal deadlines, and representing you in the court, if necessary, because of the inability to come to an agreement.

Maximizing Your FInancial Recovery: Our lawyers are well-versed in South Carolina’s trucking accident laws and policies, and we will not rest until you get every dollar you deserve. Our attorneys have a great deal of experience in achieving positive results for clients both through settlements and trial, and we will work to get the best result for you.

When you or your close one has fallen victim to a truck accident or wrongful death, then it is wise to seek legal advice from a Spartanburg truck accident attorney as soon as possible. Max Hyde Law Firm has competent staff that is willing to hear your case and provide you with legal advice and emotional support based on your case. 

Call us today at (864) 804-6330 to speak with an attorney and set up a free consultation with one of our truck accident injury lawyers on how you can find justice and compensation for your situation.

PRACTICE AREAS

OUR ATTORNEYS

Max Hyde | Max Hyde Law Firm | Family and Divorce Lawyer | Spartanburg, South Carolina

Max Hyde

(864) 804-6330

Samantha Nicholson Larkins | Max Hyde Law Firm | Family and Divorce Lawyer | Spartanburg, South Carolina

Samantha Larkins

(864) 804-6330

LET'S CONNECT

Phone Number

(864) 804-6330

Email Address

max@maxhydelawfirm.com

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