Spartanburg Truck Accident Lawyer
The coronavirus pandemic permanently changed life in many ways. These changes included safety regulations for large trucks. During the pandemic, federal regulators eased many HOS (hours of service) restrictions, allowing truckers to stay behind the wheel for dangerously long periods of time. When bureaucrats do not protect people, the Spartanburg truck accident lawyer at The Stanley Law Group will step up to the plate.
Our team uses the same approach in both major truck accident claims and parking lot fender bender claims. We explain your legal options in language you can understand. Then, we diligently collect evidence that supports your claims and refutes insurance company defenses. Then, when the case goes to court, we are well-positioned to obtain maximum compensation for your serious injuries.
How Spartanburg Truck Accident Lawyers Build a Case
Truck accident and other injury claims are based on negligence, which is basically a lack of care. In South Carolina, an ordinary negligence claim has four basic elements:
- Duty: Most drivers have a duty of reasonable care. They must drive defensively and avoid accidents when possible. Most commercial operators have a duty of utmost care. They must proactively avoid accidents. Following distance is a good example of the difference. Reasonable care dictates about a two-second following distance. Utmost care requires about a seven-second following distance.
- Breach: Drivers breach their duty of care when they drive aggressively or while impaired. Usually, truckers are on very tight schedules. Furthermore, shipping companies generally pay drivers by the mile, not by the hour. These things encourage truckers to speed. Furthermore, as mentioned, federal regulators have eased HOS rules. Therefore, many truckers are behind the wheel when they’re dangerously fatigued. Drowsiness and alcohol have basically the same effect on the brain and body.
- Cause: South Carolina is a substantial cause state. A Spartanburg truck accident lawyer usually refers to substantial cause as but-for cause. For example, a wet road might contribute to a wreck. But the wreck would not have happened “but for” the tortfeasor’s negligence, which was probably driving aggressively or while impaired.
- Damage: Usually, the victim must sustain a physical injury, either personal injury or property damage, to obtain compensation for injuries. This compensation usually includes money for economic loss, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, in some extreme cases.
The negligence per se shortcut could apply in some cases. If the tortfeasor violated a safety law and emergency responders issued a citation, and that violation substantially caused injury, the tortfeasor could be liable for damages as a matter of law.
Usually, a third party is financially responsible for damages in these cases. According to the respondeat superior doctrine, employers are liable for damages their employees negligently cause during the course and scope of their employment.
Resolving a Case
Almost all truck crash claims settle out of court. However, they usually do not settle quickly, and for good reason.
Frequently, the best evidence, such as the aforementioned independent medical evaluation, is not immediately available. Furthermore, if the settlement does not fully account for all possible future medical expenses, the victim could be financially responsible for these costs.
So, informal settlement talks usually begin after medical treatment is at least substantially complete. Normally, the lawyers on each side exchange letters or phone calls.
If the informal process stalls or breaks down, the judge usually appoints a third-party mediator. The mediator ensures that both sides negotiate in good faith. “I’ll see you in court” is not a good-faith negotiation position. Mostly because of this legal responsibility, civil mediation is about 90 percent successful in South Carolina.
Count on a Savvy Spartanburg County Lawyer
Injury victims are entitled to significant compensation. For a free consultation with an experienced truck accident lawyer in Spartanburg, contact The Stanley Law Group. We do not charge upfront legal fees in these matters.
