Mechanic's Liens & South Carolina Residential Builders
October 1, 2015
Truck Accident Injuries & Claims in South Carolina
November 17, 2016
If you are suffering from a truck accident injury, you need to know what it will take to file a claim for the compensation that can help you recover. A trucking accident attorney can help. While the majority of individuals who operate a car on South Carolina roads are South Carolina residents, this is often not the case with operators of commercial trucks. Due to the nature of their jobs, truck drivers live in places all over the country. While truck accidents can create additional challenges in filing a claim for your injuries, the law surrounding accidents with truck drivers is closely aligned with the laws covering other types of accidents.
Will I be able to recover compensation for my injuries if the truck driver is from another state?
If a driver is at fault, whether that driver is operating a two door sports car or an 18 wheeler truck, it does not matter where the driver is from. South Carolina courts apply what is known as long-arm jurisdiction when an out-of-state defendant is in a truck accident in South Carolina. Often out-of-state truck drivers are subject to the jurisdiction of South Carolina courts, because they were redoing business in South Carolina or caused a “tortious act.” In short, if your truck accident injuries have been caused by someone else’s negligence, then you will likely be entitled to compensation.
Are there any laws or regulations related specifically to trucks traveling in South Carolina?
Regulations established by the Federal Motor Carrier Safety Administration require truck drivers to rest a certain number of hours for every hour that they drive. This regulation is in place to help ensure that truck drivers are alert and aware of their surroundings on the road. If it is apparent that a truck driver was in violation of these regulations by driving too long without a break, this may be a contributing factor to determining the truck driver’s negligence. There are also weight and size regulations that trucks must follow. A number of other factors like driving under the influence and speed limits can all impact a determination of negligence in a truck accident claim.
Who is responsible for damages?
Unlike many traditional motor vehicle accidents, there may be multiple responsible parties when commercial trucks are involved. Responsibility could fall on the driver of the truck or the trucking company itself. In some cases, large companies will be responsible for the actions of their employees, which includes employees who are on the road driving trucks. Determining who is responsible for your damages in a trucking accident case can be complicated, because sometimes corporations contract out to a third party company for their shipping needs.
Get Help From a Truck Accident Injury Lawyer
Accidents with trucks can result in catastrophic injuries or even death. Often these trucks are owned by large corporations, so the prospect of going to court can be daunting. The truck accident lawyers at Surasky Law have the experience and skills to help you obtain a fair recovery in a trucking accident case.