Summerville Truck Accident Lawyers

When commercial vehicles weighing thousands of pounds collide with passenger cars in Summerville, the aftermath can be devastating. Drivers, pedestrians, and motorcyclists can face severe personal injury, substantial property damage, and life-altering consequences. Let us help you understand your legal rights in the aftermath of such an event and help you pursue the compensation you truly deserve.

What Should I Do Immediately After a Truck Accident in Summerville?

Taking the right steps right after a truck accident can make a significant difference in your ability to recover damages: Start by calling 911 to report the accident and get medical help on scene, even if you think your injuries might be minor at first. Some injuries do not show symptoms immediately but can become more serious without prompt attention. 

While waiting for emergency responders to arrive, take photos of the vehicle damage, road conditions, weather patterns, and any visible injuries if it is safe to do so; just be careful not to put yourself in danger while documenting the scene. 

Beyond photographs, you will want to get contact information from all parties involved, including the truck driver’s employer, insurance company details, and their agent’s information, as this documentation becomes essential when filing your claim. 

Who Can Be Held Liable for a Summerville Truck Accident?

Multiple parties may share responsibility for a commercial vehicle crash, whether it is the driver who was behind the wheel, the company that owns the truck, or other third parties whose negligence contributed to the accident. 

The truck driver themselves can be held accountable if they were driving recklessly—such as driving while tired, texting while driving, or going too fast—because these behaviors directly cause accidents and injuries. 

Beyond the driver, trucking companies often bear liability under a legal principle called “respondeat superior,” which essentially means employers are responsible for the actions and negligence of their employees while those employees are working. 

Additionally, you might pursue claims against cargo loading companies that packed the truck incorrectly or overloaded it, truck maintenance providers who missed mechanical problems during routine inspections, or even manufacturers who sold defective parts that eventually failed and contributed to the collision. 

What Types of Compensation Are Available After a Truck Accident?

If you have been hurt in a truck accident in South Carolina, you can pursue two main categories of damages: 

Economic damages cover the concrete, out-of-pocket costs you have incurred, including medical expenses for emergency room visits, hospital stays, surgeries, physical therapy, and any ongoing medical care you will need going forward—essentially, all the documented financial costs of your recovery. 

Non-economic damages compensate you for the intangible harm you have suffered, such as the pain and suffering from your physical injuries, emotional distress from the traumatic experience, anxiety or depression related to the accident and recovery process, and the reduced quality of life if you have been left with lasting disabilities or chronic pain.

How Does South Carolina’s Comparative Fault Law Affect My Claim?

South Carolina follows what is called a modified comparative fault system: Under this system, you are allowed to recover damages if the accident is determined to be 50% or less your fault; however, your final compensation gets reduced by whatever percentage of fault is assigned to you as a result of the investigation. 

For instance, if you are found 20% responsible for the accident and your total damages come to $100,000, you would receive $80,000 after the reduction because the $20,000 is subtracted proportionally to your fault. 

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

Timing matters significantly when it comes to legal action following a truck accident: South Carolina law gives you a three-year window to file a personal injury lawsuit related to truck accidents, meaning you have three years from the accident date to take legal action. Certain situations can shorten this timeframe, especially if a government entity is involved in any way. 

There are also practical reasons to move fast, since physical evidence can disappear or get lost; witnesses’ memories of what happened fade over time, making their testimony less detailed and helpful; and trucking companies are often required to keep certain documentation for set periods before they may legally destroy records that would have helped prove your case.

Why Is It Important to Hire Legal Representation After a Truck Accident?

Commercial truck accident cases are dramatically more complex than typical car accident claims for several interconnected reasons, and trying to handle one on your own puts you at a real disadvantage against well-resourced opponents. 

First of all, you are up against intricate federal regulations, multiple potentially liable parties whose involvement varies by case, and insurance companies with entire teams of professionals who focus solely on minimizing what they pay out to injury victims. 

An attorney who knows this area well can navigate the intricate web of both state and federal laws that govern commercial motor carriers, which operate under standards and regulations that differ significantly from those for personal vehicles. 

Experienced personal injury lawyers have access to resources and connections you do not have as an individual, allowing them to thoroughly investigate what really happened by pulling truck driver logs, maintenance records, and electronic data from the truck’s black box, information that trucking companies often try to hide or destroy to protect their interests. 

A lawyer also brings invaluable negotiation experience to the table: insurance adjusters are trained specialists at downplaying injuries and settlement values, but an experienced attorney knows how to counter their tactics and fight for what your case is actually worth.

Protect Your Rights with the Summerville Truck Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

If you or someone you care about has been hurt in a truck accident, trust the Summerville truck accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC to protect you and advocate for your rights. Over the years, we have achieved significant wins for our clients, and our firm’s attorneys have consistently earned recognition from Best Lawyers in America, one of the most respected legal rankings in the country. For a free consultation to learn about your options, reach out to us at 843-727-6500 or fill out our online form to get started on your path toward recovery and justice. We have offices in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, and we serve clients throughout the state.