After a tractor trailer drove off of I-95 Northbound at the 60-mile marker in South Carolina, the Highway Patrol is investigating the fatal Colleton County crash. The vehicle left the roadway, crossed the median, hit a tree, and then caught on fire. The most current South Carolina Department of Public Safety reveals that 751 people have died on South Carolina roads  at this point in 2020.  If an individual loses a loved one to a tractor trailer crash, an experienced personal injury attorney can assist in finding the cause and helping with survivor actions for damages.

Untimely death.

A surviving family member of a person who dies in single vehicle tractor trailer accident may seek compensation to cover both economic and non-economic losses, such as lost wages, medical bills, legal fees, and costs of property replacement as well as pain and suffering.  The driver’s insurance company and/or the trucking company, if the driver was an employee, may be responsible for damages, if it is found that there was a malfunction of the truck, or some kind of problem that the company, or manufacturer’s negligence contributed to the accident, multiple parties may be sued for compensation.

 Driver risks.

Dangers are greater when a tractor trailer driver does not adhere to Federal and South Carolina regulations that address: driving while fatigued, distracted driving, driving under the influence of drugs or alcohol, reckless driving, maintaining proper mechanical inspections before each trip and making sure to undergo industry-specific training to handle cargo loads in a variety of highway situations.

South Carolina insurance.

South Carolina is a “modified comparative negligence” state. This means an individual can still recover damages in a personal injury lawsuit, but the award may be reduced according to each party’s share of negligence.  Under this rule, the amount of compensation a person is entitled to receive will be reduced by an amount that is equal to their percentage of fault, but if an individual is found to bear more than 50 percent of the legal blame, they cannot collect anything from other accident parties.

If a personal injury claim is necessary, it can be filed with the appropriate insurance company in an attempt to pay for damages and injuries related to a claim.  However, legal action may be appropriate when another party’s actions resulted in a crash leading to death.  In those cases, the assistance of a personal injury attorney is required to achieve the best outcome.

Seek legal counsel.

If a loved one has been injured, or died as a result of a truck accident in South Carolina, contact an attorney at the Clekis Law Firm for a free consultation to determine next actions toward compensation.

Clekis Law Firm
171 Church Street
Charleston SC 29401

Office Phone: 843-720-3737

Email: [email protected]

Sources:

https://fatality-count-scdps.hub.arcgis.com/

https://www.live5news.com/2020/10/11/highway-patrol-investigating-fatal-crash-colleton-county-involving-tractor-trailer/

http://www.scdmvonline.com/Driver-Services/Commercial-Licenses

https://www.fmcsa.dot.gov/regulations/title49/section/392.3

https://www.scstatehouse.gov/code/t15c003.php

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *