Greenville Truck Accident Lawyers

What Causes Truck Accidents?

Truck accidents can be caused by a variety of factors. However, the majority of truck accidents are caused by one or more acts of negligence. When a person or party fails to act reasonably or with reasonable care and this failure results in harm to another person, that person or party can be held legally liable for the victim’s injuries and damages.

Some common causes of truck accidents in Greenville include:

• Truck driver negligence: This includes things like speeding, tailgating, distracted driving, and drowsy driving.
• Truck driver error: This includes things like making improper turns, driving under the influence, and failing to yield the right of way.
• Truck driver impairment: This includes things like driving while under the influence of drugs or alcohol and driving while fatigued.
• Truck driver inexperience: This includes things like failing to properly load the cargo, failing to properly secure the cargo, and failing to account for the truck’s size and weight when driving.
• Truck equipment failure: This includes things like brake failure, tire blowouts, and faulty steering mechanisms.
• Improper truck maintenance: This includes things like failing to properly inspect the truck and failing to properly maintain the truck.
• Improperly loaded or overloaded cargo: This includes things like failing to properly load the cargo, failing to properly secure the cargo, and failing to account for the truck’s size and weight when driving.
• Manufacturing defects: This includes things like faulty tires, faulty brakes, and faulty steering mechanisms.

Who Is Liable for a Truck Accident?

Determining liability is a critical step in any truck accident claim. To recover compensation for your losses, you will need to be able to prove that another person or party was at fault for the accident. In some cases, this may be the truck driver. In other cases, it may be the trucking company, the truck manufacturer, or another party.

Depending on the circumstances, the liable party may include:

• The truck driver
• The trucking company
• The truck manufacturer
• The truck maintenance company
• The shipping company
• Another driver

What Are the Federal Trucking Regulations? 

Federal trucking regulations in the United States are established by the Federal Motor Carrier Safety Administration (FMCSA) to ensure the safety of commercial vehicles, drivers, and the public. These regulations govern various aspects of the trucking industry, including driver qualifications, hours of service, vehicle maintenance, and cargo securement. 

Some of the key regulations include:

• Hours of Service (HOS) Regulations: These rules limit the number of hours a commercial driver can operate a vehicle to prevent fatigue-related accidents. Generally, drivers are allowed to drive up to 11 hours after 10 consecutive hours off duty, with a maximum of 60 hours on duty in seven days or 70 hours in eight days. Drivers are also required to take a 30-minute break after eight hours of driving.
• Commercial Driver’s License (CDL) Requirements: To operate a commercial motor vehicle (CMV), drivers must obtain a CDL, which involves passing knowledge and skills tests. The CDL system includes different classes and endorsements depending on the type of vehicle driven, such as those for hazardous materials (HazMat) or passenger transport.
• Drug and Alcohol Testing: Federal regulations mandate that trucking companies conduct drug and alcohol testing for their drivers. This includes pre-employment testing, random testing, post-accident testing, and testing for reasonable suspicion. The legal blood alcohol concentration (BAC) limit for CMV drivers is 0.04%.
• Vehicle Maintenance and Inspection: Trucking companies are required to regularly inspect, repair, and maintain their vehicles to ensure they are safe to operate. Drivers must also conduct pre-trip and post-trip inspections to identify and report any defects or issues.
• Cargo Securement: FMCSA regulations specify how cargo should be secured to prevent shifting or falling during transport, which could cause accidents. These rules apply to all types of cargo, from general freight to specific items like logs, pipes, and vehicles.
• Electronic Logging Devices (ELDs): The ELD mandate requires most commercial drivers to use electronic devices to record their driving hours automatically. This rule is designed to ensure compliance with HOS regulations and to reduce the risk of falsified logbooks.
• Driver Qualifications: Federal regulations set minimum qualifications for CMV drivers, including age (usually 21 years old for interstate driving), physical health standards, and a clean driving record. Drivers must undergo regular medical examinations to maintain their CDL.

These regulations are designed to enhance safety and reduce the risk of accidents involving commercial trucks. Trucking companies and drivers who fail to comply with these regulations can face penalties, including fines, license suspension, and increased liability in the event of an accident.

Common Truck Accident Injuries

Due to the sheer size and weight of commercial trucks, the injuries that can result from truck accidents are often severe. In many cases, the victims of truck accidents suffer from catastrophic injuries that can have lifelong consequences.

Some examples of common truck accident injuries in Greenville include:

• Broken bones: The force of impact in a truck accident can easily break a person’s bones.
• Soft tissue injuries: This includes things like sprains, strains, and deep bruising.
• Lacerations: In severe cases, truck accident victims may suffer from deep cuts and lacerations.
• Internal organ damage: The force of impact in a truck accident can cause a person’s organs to be crushed, punctured, or otherwise damaged.
• Burns: If a truck accident causes a fire, the victims may suffer from severe burns.
• Spinal cord injuries: The force of impact in a truck accident can cause a person’s spinal cord to be crushed, severed, or otherwise damaged.
• Paralysis: In severe cases, truck accident victims may suffer from partial or complete paralysis.
• Amputations: In severe cases, truck accident victims may suffer from the loss of a limb.
• Head and brain injuries: The force of impact in a truck accident can cause a person’s head to be struck by an object or to strike an object.
• Concussions: In severe cases, truck accident victims may suffer from a traumatic brain injury (TBI), which can cause permanent brain damage.

How Can a Greenville Truck Accident Lawyer Help?

If you were injured or your loved one was killed in a truck accident, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages. However, truck accident claims are notoriously complex. 

They often involve multiple liable parties and large insurance companies that will do whatever they can to pay you as little as possible. This is why it is so important to have an experienced truck accident lawyer in Greenville on your side.

A truck accident lawyer in Greenville can help you by:

• Investigating the accident: This includes things like reviewing the accident report, interviewing witnesses, and visiting the scene of the accident.
• Gathering evidence: This includes things like the truck’s black box data, the truck driver’s logbook, and more.
• Calculating your total losses: This includes things like your medical expenses, lost wages, loss of earning capacity, pain and suffering, and more.
• Negotiating with the insurance company: Your attorney can handle all communication and negotiation with the insurance company, so you can focus on your recovery.
• Filing a lawsuit: If the insurance company refuses to offer you a fair settlement, your attorney can file a lawsuit and represent you in court.

At Lanier Law Group, P.A., our truck accident lawyers in Greenville have decades of combined legal experience. We know how to build strong cases and we know how to win. You can rely on us to provide you with the personalized, one-on-one legal guidance you need and the aggressive representation you deserve.