Moncks Corner Truck Accident Lawyer
A combination of driver inexperience and the extreme weight of a large truck causes many truck accidents. Because of driver shortages, many drivers have little experience behind the wheel. Furthermore, in some states, drivers as young as 18 can operate big rigs. These massive vehicles, when fully loaded, weigh over 80,000 pounds. Therefore, no vehicle safety system can begin to absorb all the force in a truck collision.
The diligent Moncks Corner truck accident lawyer at The Stanley Law Group will roll up their sleeves and work very hard in these matters, because in most cases, truck accident claims are difficult to resolve. Usually, these wrecks are so destructive that almost no physical evidence remains at the scene. Additionally, many truck wrecks occur on highways. Most people traveling on highways don’t pull over and loiter at accident scenes. Finally, the trailer’s or cargo’s owner, which is usually an out-of-state shipping or transportation company, is often financially responsible for damages.
How a Moncks Corner Truck Accident Lawyer Builds a Case
All personal injury cases begin with a thorough case evaluation, based on the duty of care. South Carolina law holds commercial operators to a higher standard. Therefore, it’s easier for a Moncks Corner truck accident lawyer to establish negligence, or a lack of care.
During a case evaluation, most Berkeley County attorneys focus on the kind of negligence that caused the wreck, as follows:
- Behavioral: Some truck drivers were negligent before they got behind the wheel. Fatigue is a good example. Federal regulators have rolled back key safety laws in recent years, allowing truckers to stay on the road for dangerously long periods of time. Driving after eighteen consecutive awake hours is like driving with a .05 BAC level, which is above the legal limit for commercial drivers in South Carolina.
- Operational: Frequently, to counteract the effects of fatigue, truck drivers use amphetamines during their trips. These drugs don’t address the mental effects of fatigue, such as poor judgment and slow motor skills. Furthermore, to deliver their loads as quickly as possible, many truckers speed. Most shipping companies pay most drivers by the trip, not by the hour.
- Environmental: Because of the aforementioned high duty of care, truck drivers have a special responsibility to account for poor environmental conditions. Rain is a good example. Noncommercial drivers, who have a duty of reasonable care, must slow down when it rains. Because of their higher duty of care, truckers must arguably stop driving when it rains.
Next, attorneys must collect evidence to support their claims. As mentioned above, physical evidence is hard to come by in truck wrecks. Electronic evidence might be the biggest exception.
All trucks have Event Data Recorders. EDRs are onboard computers that measure and store information like vehicle speed and steering angle. A lawyer puts these bits of evidence together like pieces of a jigsaw puzzle. Large truck EDRs are very hearty machines that easily survive even the most devastating wrecks,
If a court verdict resolves a case, the defendant could keep that verdict tied up in appeals courts for years to come. However, if an out-of-court settlement resolves a case,, the defendant immediately writes a check. This finality might be the biggest reason an out-of-court settlement is almost always in a victim’s best interests.
Informal settlement talks often begin early in the process. However, for various reasons, these negotiations often stall or break down.
If that happens, the judge usually appoints a professional mediator. After s/he listens to arguments from both sides, the mediator helps the two sides compromise and reach an agreement. During mediation, both sides have a duty to negotiate in good faith. “I’ll see you in court” is not a good-faith offer.
Mostly because of the duty to negotiate in good faith, which does not apply during informal negotiations, mediation is about 90 percent successful in civil cases.
Reach Out to a Hard-Working Berkeley County Lawyer
Injury victims are entitled to significant compensation. For a free consultation with an experienced Moncks Corner truck accident lawyer, contact The Stanley Law Group. The sooner you reach out to us, the sooner we start working for you.
