What Are Some Causes of Tractor-Trailer Accidents in South Carolina?

Tractor-trailer accidents can happen for a number of reasons. Some of the top causes of tractor-trailer wrecks include:

• Speeding – When a trucker speeds, they are more likely to lose control of their big rig or be unable to stop in time to avoid an accident. 
• Driver Fatigue – The Federal Motor Carrier Safety Administration (FMCSA) estimates that driver fatigue is a factor in as many as 6,000 truck accidents each year..
• Distracted Driving –  Truckers who are texting, looking at their cell phones, etc. are more likely to cause an accident. 
• Under-Ride Accidents – Under-ride accidents are when a car slides underneath the trailer. South Carolina Code Section 56-5-4070 requires most large trucks, including tractor-trailers, to use under-ride guards to prevent these types of accidents.
• Mechanical Failure and Defects – Tractor-trailers must be maintained according to guidelines set forth by the FMCSA. 
• Unbalanced Loads – When a tractor-trailer is loaded improperly or the load isn’t balanced, the risk of an accident increases.
• Jackknife accidents – Jackknifing is when the trailer slides out to the side of the truck.
• Blind Spots – Tractor-trailers have large blind spots and, therefore, truck drivers must check carefully for other motorists before turning or changing lanes.
• Poor Driver Training – Some companies hire truck drivers who don’t have enough experience to safely operate large tractor-trailers.

Are There Any Special Laws for Trucking Companies in South Carolina?

Due to their dangerous nature, commercial trucks follow different rules than cars. For example, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) issues regulations that promote trucking safety. Sometimes, trucking companies violate these regulations in ways that lead to accidents.

One example involves the new federal regulations that took effect on July 1, 2013. New “hours-of-service” rules are being implemented, which restrict the amount of time that a driver can be on the road and which can reduce the number of accidents caused by drowsy, overworked drivers. These regulations reduce the maximum average workweek for drivers from 82 hours to 70 hours. They set forth resting periods that drivers must follow before driving again after reaching the 70-hour mark. They require 30-minute breaks during 8-hour shifts. Also, they provide an 11-hour driving limit per day and a 14-hour work limit per day. Drivers are usually paid by the mile and have an incentive to push themselves to the limits, which can create dangerous situations on the roads. Further, certain things may not be specifically regulated but may be industry standards for these companies to follow.

How Do You Investigate a Trucking Accident Case in South Carolina?

Evidence in these cases can disappear quickly. Evidence can be found in the form of skid marks, location of debris, damage to vehicles, and testimony of witnesses. In some cases, we find it is wise to hire an investigator to document and photograph tangible pieces of evidence and locate witnesses to the crash, and this investigation is more likely to be successful if performed quickly.

Some evidence is held by the trucking company. This evidence includes driver logs, GPS and other data, and maintenance logs. Because the injuries in trucking cases are often devastating, these trucking companies would prefer for some of this evidence to never be found. Therefore, we use tactics to force the companies to preserve and produce this evidence, and these tactics are most useful if employed as soon as possible after the accident.

Evidence also comes through in the form of medical records. However, not all of our clients have health insurance and are unable to secure the treatment they need for their injuries. These clients often feel helpless because they are experiencing pain and may require surgery or other treatment, but they have no options. The trucking companies and their insurers often try to claim that because there was a gap in treatment that the client must not be as hurt as he or she claims. In some of these instances, we are able to locate doctors who will treat injured people with no money or insurance upfront.

While trucking and insurance companies may try to claim that these doctors are trying to run up a medical bill that will be paid out of the settlement, that is simply not the case. We won’t advise you to seek the treatment you don’t need, and we don’t give referrals to doctors who aren’t the best in their field of medicine.

There are many other aspects of the investigation, both pre-suit and during litigation. The  Charleston trucking accident attorneys at Futeral & Nelson will not leave a stone unturned. We’ll review the driver’s hours of service, the driver’s employment file, the alcohol and drug policies of the company, the maintenance logs of the vehicle, the applicable insurance policies, and various other aspects of the case.

What is a Trucking Accident Expert Witness?

An expert witness is a person who, through experience or training, has better knowledge of a particular field than a person not in that field. The rules on expert witnesses testifying are different from ordinary witnesses, and their testimony can be crucial to a case. After the court qualifies someone as an expert witness, that person can give opinions about a case that a non-expert would not be allowed to give.

Because trucking accidents oftentimes have more at stake, they are more likely to require the use of expert witnesses to prove your case. If the trucking company claims that the accident was your fault when it was not, we may hire an accident reconstruction expert who will be able to recreate what actually happened by applying physics to the evidence to show things such as vehicle velocities at the time of impact. We may hire an expert from the trucking industry to discuss the industry standards and show precisely how the company and driver violated these standards, as well as how easily they could have prevented these violations. We may hire an auto mechanic to inspect the truck that caused the accident and give an opinion on if it was improperly maintained. If the defendant claims that the injuries are exaggerated based upon the amount of damage to the vehicles, we may hire an expert regarding the “science” of biomechanics.

What if More than One Driver Caused the Trucking Accident?

In South Carolina, any driver that is at least 50% at fault is fully responsible to the injured person. If a driver is less than 50% at fault, say 30%, then that driver is responsible for 30% of the injured person’s damages.

If you are partially at fault, it can reduce your recovery under a legal theory called “comparative negligence.” For example, if a jury finds that you were greater than 50% at fault for the accident, then you can recover nothing. Otherwise, if you’re less than 50% at fault, then your recovery will be reduced by that amount. For example, if you’re 25% at fault for an accident, the other driver is 75% at fault for the accident, and the jury awards you $100,000, you’ll be able to recover $75,000.

Trucking companies and their insurance companies often try to shift the blame in these types of cases and reduce your recovery. This is why it is important to not hesitate in hiring your lawyer so that we can uncover as many pieces to the puzzle as possible and get the recovery that you are entitled to. Through our investigation, we will try to locate any other parties who may be at fault and who may be able to contribute to your compensation.

Should I Talk to the Insurance Company?

We never recommend talking to the insurance company without first hiring a lawyer. You aren’t required to speak to the at-fault driver’s company at the early stage, and they’ll only try to use your statements against you.