Was The Truck That Caused Your Accident Just Passing Through South Carolina?
One of the first things that lawyers learn in law school is that most of the laws that affect people’s daily lives are state laws. This is why lawyers who move to another state must pass that state’s bar exam; their knowledge of the law does not automatically transfer, since state laws vary so much from one state to another. Similarly, you can only file a car accident lawsuit in the state where the accident occurred, even if all of the occupants of the vehicles involved were from out of state and the vehicles were registered in another state. In the case of accidents involving commercial trucks, South Carolina is the proper place to file lawsuits related to truck accidents that occurred in South Carolina. Because 18-wheelers are often involved in interstate trips, some federal laws regulating truck transportation may also apply to your case. If you have been injured in an accident involving a commercial truck that was passing through South Carolina on its way to another state, contact a Columbia truck accident lawyer.
The Federal Motor Carrier Safety Administration and Your Truck Accident Case
Truck accidents can cause huge financial losses and cause serious injuries to the occupants of multiple vehicles, even if the truck was not going very fast at the time of the collision. In some ways, getting the money you need after being injured in a truck accident is easier than getting the money you need after being injured in a car accident. The liability insurance that the law requires drivers of personal vehicles to carry is not enough to pay for the treatment of severe injuries, and even if you sue and the court orders the driver to pay you damages, it is unlikely that the driver actually has the money that the court orders him or her to pay you.
By contrast, commercial truck accidents are not purely the legal responsibility of the driver whose mistake caused the accident. The company that owns the truck is also a legally responsible party, and trucking companies must carry commercial liability insurance to cover injury claims. The details of determining the driver’s negligence, however, vary according to where the truck was going at the time of the accident and where the trip originated. If the truck driver was completing a job that took place entirely within South Carolina, then you will rely on state laws in identifying regulations that the driver violated. If the driver was in the midst of a trip that crossed state lines, however, you should rely on the regulations set by the Federal Motor Carrier Safety Administration. In this case, your lawyer will also try to find out if violations of federal trucking regulations contributed to the accident.
Let Us Help You Today
The personal injury lawyers at the Stanley Law Group can help you if you suffered serious injuries in an accident involving a commercial truck making an interstate trip. Contact The Stanley Law Group in Columbia, South Carolina or call (803)799-4700 for a free initial consultation.
Source:
fmcsa.dot.gov/regulations
