Columbia Truck Accident Lawyers

Holding Negligent Truck Drivers and Companies Accountable

Accidents involving commercial trucks often cause significant property damage, severe injuries, and even death. Accident victims may require extensive or lifelong medical treatments and rehabilitation, leaving them unable to work during their recovery or permanently disabled. In the meantime, medical bills pile up, and the stress can feel insurmountable.

At Smith, Born, Leventis, Taylor & Vega, we believe that if you’ve been injured in a truck accident because of another driver’s negligence in Columbia, you deserve fully compensated for your injuries.

Our experienced Columbia truck accident attorneys are here to help you navigate the legal process and fight for the compensation you deserve. Our comprehensive knowledge of state and federal trucking regulations makes us uniquely positioned to advocate for your rights and ensure that all relevant laws are applied to your benefit. We understand the complexities involved in truck accident claims and leverage our experience to build robust cases that address all aspects of your legal needs.

Have you or a loved one been injured in a truck accident in Columbia? Call Smith Born Leventis Taylor & Vega, LLC today at (803) 599-2207 or contact us online for a free consultation and learn how we can help you fight for the compensation you deserve!

What Are the Different Types of Commercial Trucks?

A commercial truck is any truck used for business operations. They can include:

• Flatbed trucks have open platforms to carry large cargo that does not need to be enclosed.
• Box trucks are enclosed, medium-sized trucks usually used as moving vans or delivery trucks.
• Tractor-trailers (18-wheelers and semi-trucks) are large enclosed trucks that carry cargo generally for long-distance delivery.
• Tanker trucks are used to carry liquids that are often toxic or flammable.
• Garbage and dump trucks are large trucks equipped to carry trash or other large debris for construction and other industrial purposes.
• Tow trucks are specially equipped to load and carry disabled vehicles.
• Cement mixers are trucks equipped with a large spinning cylindrical drum that spins a concrete mix while delivering it to a construction site.
• A carrier trailer truck is a heavy truck that pulls a sizeable two-deck trailer, allowing multiple cars to ship from the manufacturer to car dealers.
• HAZMAT trucks are tankers or semi-trailers qualified to carry hazardous materials and must comply with federal and state transportation and safety regulations.

Each type of commercial truck poses unique risks on the road. For instance, tanker trucks often carry hazardous materials that can cause significant environmental and health hazards if spilled. Flatbed trucks, meanwhile, require careful loading and securing of cargo to prevent it from shifting during transit, which can otherwise lead to dangerous road conditions. Understanding these distinctions is crucial for assessing liability and the specific legal strategies needed in the event of an accident.

Common Types of Truck Accidents

Commercial trucks are a fundamental element of our economy's trade, supply chain, and industrial aspects. They are everywhere on our highways and streets at all hours. As such, they are commonly involved in vehicle accidents.

The Federal Motor Carrier Safety Administration (FMCSA) regulates all motor carriers operating in interstate commerce. They also set specific safety requirements for commercial motor vehicles (CMVs) that transport hazardous materials in intrastate commerce.

The FMCSA reports that, in 2019, there were almost 7 million Commercial Motor Vehicle (CMV) drivers operating in the U.S. While heavy commercial trucks constitute less than 5% of all registered vehicles, more than 13% of fatal crashes in the U.S. involved at least one commercial truck.

The most common truck accidents include the following:

Given the size and weight of commercial trucks, these accidents can have catastrophic consequences. Truck rollovers, for example, can result from factors like speeding, sudden maneuvers, or high winds, often leading to multi-vehicle collisions. T-bone accidents, frequently occurring at intersections, can be particularly deadly due to the direct impact on the side of a vehicle. Understanding the dynamics of these common accidents allows legal teams to identify critical evidence and expert testimony needed to establish fault in truck accident claims.

Common Causes of Truck Accidents

The most common cause of truck accidents is commercial drivers' unsafe or reckless practices.

Those unsafe practices include:

Beyond driver behavior, other systemic issues contribute significantly to truck accidents. These include inadequate maintenance of vehicles, where neglected brake systems or tire failures can lead to critical accidents. Some trucking companies may enforce unrealistic schedules, pressuring drivers to skip breaks or operate beyond safe hours, exacerbating risks like driver fatigue. Addressing these issues entails comprehensive investigations into corporate practices and maintenance records to ensure accountability and safety improvements within the industry.

Common Truck Accident Injuries 

Traumatic brain injuries are one of the most severe life-threatening truck accident injuries. They require immediate medical care to avoid long-term disability or death. Unfortunately, immediate access to emergency medical treatment is rare since it usually occurs on an open highway.

Other common trucking injuries include:

• Limb amputations, either as a direct result of the collision or later surgical procedures as required
• Spinal cord injuries
• Burn injuries, especially from collisions with hazardous material carriers
• Broken bones

In addition to physical injuries, victims may experience significant psychological trauma, including PTSD, anxiety, and depression, which can severely affect their quality of life and ability to return to normal activities. Rehabilitation for these injuries often requires intensive physical therapy, counseling, and ongoing medical treatment, imposing a substantial financial burden on the victims and their families. Legal proceedings aim to secure compensation to cover immediate and long-term medical needs and any necessary psychological support.

What Can I Do to Protect My Legal Rights After a Truck Accident in Columbia?

If you or someone you love is involved in a truck accident in South Carolina, you should take the following steps to protect your health and legal rights:

1. Your initial step should be to seek necessary medical attention.
2. Gather all evidence available at the accident scene if you or your passenger can.
3. File a crash report with the police with only the details you are sure about.
4. Keep a written record of your damages, including photos and a log of your symptoms and medical and other related costs.
5. Contact a truck accident attorney as soon as possible to discuss your legal options for compensation.

Proactively managing your recovery and legal strategy is essential. Consult with healthcare providers to ensure you receive the appropriate treatment and document all interactions meticulously. This thorough documentation serves as decisive evidence to support your claims. Furthermore, stay informed about legal developments related to your accident, as changes in regulations or precedents could influence the outcomes of your situation.

What Damages Can I Collect After a Truck Accident?

You are entitled to collect compensatory damages and, in certain limited cases, punitive damages. Compensatory damages are divided between economic damages and non-economic damages.

Economic Damages

Economic damages can be valued in recognized monetary terms (e.g., dollars).

They include the following:

• Reimbursement for lost wages
• Compensation for diminished earning capacity
• Medical expenses
• Property damage
• Funeral expenses

Calculating economic damages involves careful assessment of medical bills, rehabilitation costs, and property repairs. It also includes projections of future losses, such as anticipated medical needs or reductions in earning potential. This process often requires collaboration with economic experts and healthcare professionals to capture all present and future financial needs accurately.

Non-economic Damages and Their Impact

Non-economic damages are those that cannot be valued in recognized monetary terms.

They may include:

Non-economic damages address the profound impacts of an accident on your life beyond financial loss. They encompass the personal toll on your relationships, mental health, and overall enjoyment of life. Establishing these damages often requires comprehensive accounts from victims and their families, supported by psychological evaluations and expert testimony, which eloquently convey the extent of suffering endured.

Who Can Be Held Liable for a Truck Accident?

Most commercial drivers are employees or independent contractors working for shipping companies or truck owners. According to FMCSA Regulations, 49 C.F.R. §390.5, all truck drivers, regardless of their legal status as independent contractors, are considered employees of trucking companies.

If a driver is operating within the scope of their contractual duties, the following parties can be held liable for damages caused by the driver:

• The driver
• The employer
• The truck owner
• The shipper

In some cases, third parties, such as manufacturers of defective truck equipment, can also be held liable through a product liability lawsuit.

You will deal with a liability insurance company in most truck accident cases. The FMCSA requires minimum liability insurance coverage for commercial trucks. The required coverage is between $750,000 and $5,000,000, depending on the transported cargo.

For truck accidents, lawsuits are governed by state tort law and rules. The plaintiff (accident victim) must prove by the preponderance of the evidence that the defendant's conduct (e.g., the driver, trucking company, etc.) was the proximate cause of their injuries. That conduct can be negligent or willful.

If you sue, your proof must show that:

• The defendant (trucking company, driver, or another third party) owed you a duty of care;
• The defendant failed to satisfy their duty of care;
• The defendant’s action or inaction was the proximate cause of your injuries;and
• You suffered damages as a result of their negligence.

Determining liability can be complex, involving multiple parties with various degrees of responsibility. Thorough investigations are crucial, assessing everything from driver logs and vehicle maintenance records to operational policies within trucking companies. This holistic view helps identify all liable parties and lays a solid foundation for pursuing compensation.

How Long Do I Have to File a South Carolina Truck Accident Claim?

In South Carolina, the statute of limitations for filing a lawsuit for truck accident personal injury cases is three years from the accident date. If the case is a wrongful death action, the statute starts to run on the date of death.

Understanding and adhering to this timeline is critical. Missing the statute of limitations can forfeit your right to seek compensation. Engaging a lawyer early ensures that all necessary paperwork and filings are completed promptly, preventing any procedural delays that could impact your pursuit of justice.

Should I Speak With the Insurance Company After a Truck Accident, and How Should I Handle Their Questions?

Be careful when dealing with insurance companies—they are not your friends. Their sole interest is to protect their profit margin by resisting claims whenever they have legal grounds for doing so. They protect their financial interest by denying claims and negotiating the lowest possible settlements.

You should have little or no contact with an insurance company (other than your own) before engaging an experienced personal injury lawyer. This could even apply to your insurance company since they can sometimes become adversaries. 

After you consult with an attorney, they should have exclusive communication with insurance companies or their representatives, including claims adjusters and lawyers.

You should comply with the following to ensure your rights are protected:

• Do not say anything to an adjuster that suggests an admission of fault.
• Do not minimize your injuries or your symptoms.
• Do not discuss the details of your injuries with an adjuster. Instead, refer all adjuster questions concerning injuries to your lawyer.
• Do not give an adjuster an open release of your medical records.
• Do not give a recorded statement. You can write a statement after your lawyer reviews it.

Insurance companies often employ tactics designed to confuse or dishearten claimants. Having a lawyer ensures that communication is clear, precise, and in your best interest. They will guide you through the claims process, protecting you from common pitfalls that can lead to unwarranted reductions in your compensation. Your legal representative will advocate fiercely for your rights, ensuring you receive a fair settlement for your injuries and losses.

What Types of Evidence Should I Gather to Support My Truck Accident Claim?

If you can, considering your injuries, gather as much evidence as possible at the accident scene.

Eventually, it will be helpful if you can produce the following evidence:

• Photos of the crash scene, especially all vehicles involved
• Copies of police reports
• Handwritten notes taken after the accident of the damage to the truck and other involved vehicles
• Data from the truck’s black box
• A copy of the trucker’s activity logs
• Statements from witnesses and trucking company personnel
• Trucking company records

Your lawyer will help you seek all relevant evidence during the discovery process when witnesses will be deposed, and the trucking company and other parties will be required to produce documents and data. Leveraging expert witnesses, like accident reconstruction specialists, can further fortify your position by providing insights into the dynamics and causes of the crash, strengthening the logical correlation between the evidence and the culpability of the involved parties.

What Is the Process for Negotiating a Settlement in a Truck Accident Case?

The defendant’s insurance company will likely make an early settlement offer. If you accept, they will avoid the risks and costs of litigation. They will count on you being in a vulnerable spot, eager to resolve it. You should not entertain any settlement offer until your lawyer reviews it.

1. If your attorney advises you not to take the initial settlement offer, the process of negotiating your personal injury settlement will usually go as follows:
2. Once counsel represents you, the insurance company and its representatives are forbidden to communicate with you. Your lawyer will be contacted by either an adjuster or their lawyer. Typically, not much is accomplished at first.
3. Both parties will evaluate their respective strengths and weaknesses. Then, serious settlement discussions will begin. Your lawyer will make a forthright presentation to you of the strengths and weaknesses of your situation.
4. After some back and forth, the insurance company will make what they claim is their final offer. Your lawyer will discuss the risks and costs of trying your situation before a court and jury. The results of a jury trial are difficult to predict. You will weigh the risk of a total loss against the defendant’s settlement offer.

If you accept the offer, you will shortly receive your money, less your lawyer’s fee. Otherwise, you will proceed to trial.

The settlement process can be protracted as insurers often delay, hoping plaintiffs will concede to lower offers. However, patience and persistence, guided by a strategic legal approach, often lead to more favorable outcomes. Engaging in mediation or arbitration may sometimes offer a productive avenue for settling disputes while circumventing the time and expenses of a full trial.

What Are the Chances That My Truck Accident Claim Will Go to Trial?

Most personal injury cases are settled before they go to trial. The parties weigh their risk of loss if the case goes to trial and the costs of litigation. Your case can be settled before or after the trial begins. Often, the trial process will reveal a clearer picture of their risk of loss to the parties, prompting a settlement.

Nevertheless, some situations require a trial to achieve just compensation, especially where liability is contested, or settlement offers are unreasonably low. Preparing thoroughly for this scenario involves meticulous evidence organization and persuasive presentation of facts and testimonies. A well-executed trial strategy may sway a jury’s perspective, potentially resulting in a verdict exceeding previous settlement offers.

How Can I Maximize My Truck Accident Compensation?

There are several steps you can take to increase the likelihood of a successful resolution of your claim and the amount of your compensation award:

• Gather, assemble, and preserve your evidence.
• Get medical treatment from qualified medical professionals. You can use your regular healthcare professionals or experts recommended by your lawyer.
• With the help of your lawyer and healthcare professionals, you will assess the value of your claim.
• Be patient. A successful outcome takes time. Moreover, don’t show the opposing insurance company any impatience.
• Explain your rejection of offers to show your confidence in your position.
• With your lawyer, build your case methodically.
• Avoid discussing your case on social media. It can be held against you at trial.
• Do your best to make a good impression on the judge and jury at trial.

Maintaining transparent and thorough communication with your legal team is crucial for adapting your strategy as your situation evolves. This approach ensures that you maximize all avenues for recovery while projecting readiness and resolve to counterparty insurers, potentially prompting them to propose more equitable settlements.

Localized Infrastructure and Truck Accidents in Columbia

In Columbia, the network of highways, including interstates I-20 and I-26, is a critical hub for commercial transport, which increases the risk of truck accidents. The high volume of freight traffic on these roads demands careful driving practices and raises specific considerations for accident liability and prevention. Recognizing the infrastructure's role in local truck accidents adds a layer of complexity and insight into the dynamics that contribute to collisions in this region. Awareness of peak traffic hours and common bottleneck points can help drivers and local authorities address potential hazards proactively.

Furthermore, construction zones are frequent along these highways, creating additional risks for truckers and motorists. Changes in lane configurations, reduced speed limits, and increased congestion require truck drivers to be particularly vigilant. Understanding these localized factors not only aids in building a strong claim but also highlights preventative measures that could reduce the incidence of such accidents. By working closely with transportation regulators and safety boards, it's possible to implement strategies that mitigate these risks and promote safer travel for everyone.

Impact of Weather Conditions on Truck Accidents

Weather plays a significant role in the frequency and severity of truck accidents in South Carolina. Rain, fog, and occasional snow can severely affect road conditions, reducing visibility and traction for large vehicles. Drivers must be especially cautious in these conditions to avoid skidding or losing control, which is more likely due to commercial trucks' more significant surface area and weight.

In adverse weather, roads can become incredibly slick, and stopping distances for trucks increase significantly, making sudden stops dangerous and often leading to rear-end collisions or rollovers. Bridging gaps in trucking accidents involves understanding weather trends and preparing drivers and vehicles for these conditions. Regular maintenance checks, including the inspection of brake systems and tire treads, ensure trucks can handle slick roads safely. This focus on environmental factors showcases the importance of preparedness and adaptability in trucking operations.

Constantly Evolving Trucking Legislation & Compliance in South Carolina 

Trucking laws constantly evolve on federal and state levels, impacting how cases are prosecuted and how companies must operate. Recent changes in South Carolina trucking legislation emphasize stricter compliance with safety checks and restricted hours of operation to prevent driver fatigue. These adjustments are part of an ongoing effort to enhance road safety and reduce commercial vehicle accident rates.

Compliance with these regulations is paramount for trucking companies operating in South Carolina. Ensuring that trucks are regularly inspected and drivers adhere to legal rest periods can mitigate the risk of accidents. Keeping abreast of these changes is essential for legal professionals and trucking companies to maintain operational integrity and protect their interests. By understanding and implementing these regulatory requirements, companies can significantly lower their risk of involvement in preventable accidents, leading to safer roadways for all users.

Contact Our Columbia Truck Accident Attorneys Today

If you or a loved one has been injured in a South Carolina truck accident due to another driver’s negligence, you deserve compassionate and effective legal representation. Our Columbia personal injury attorneys are dedicated to helping you get the compensation you deserve for your pain and suffering, medical expenses, and lost wages.

At Smith, Born, Leventis, Taylor & Vega, we understand the emotional and financial toll that a truck accident can take on you and your family, so we fight relentlessly to ensure you receive the justice and compensation you deserve.

If you’ve been involved in a truck accident in Columbia, don’t wait. Call our Columbia truck accident lawyers now to discuss your case and take the first step toward securing the compensation you're entitled to.