After an accident, compensation may be requested 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.  In some cases, punitive damages are awarded as an additional punishment to the person being sued, but they are limited to the greater of three times actual damages, or $500,000 in South Carolina.  A truck accident attorney can be instrumental in catastrophic loss damage assessment after a truck accident.

Tractor trailer accident. 

When individuals have had the bad luck to collide with a tractor trailer truck, it is wise to calmly assess the situation for life-threatening conditions and distance crash victims from potential explosions, or toxic chemicals.  If it is possible, move vehicles out of traffic or signal drivers to move around damaged vehicle.  When personal injury results from a truck accident in South Carolina, the statute of limitations gives an accident victim three years from the date of the injury to file a lawsuit in the state’s civil court system in accordance with S.C. Code Ann. section 15-3-530.

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.

Legal action may be appropriate when the amounts needed to compensate a victim for a personal injury exceed insurance amounts and/or are longer lasting, causing permanent disability, scarring, or untimely death, such as those resulting from catastrophic truck accidents.  In those cases, the assistance of a personal injury attorney is required to achieve the best outcome.  When individuals have suffered as a result of a tractor trailer accident in Columbia, contact an experienced attorney at the Louthian Law Firm to determine next actions.

 

Louthian Law Firm, P.A.

1116 Blanding St # 3A
Columbia, SC 29201
Local: (803) 454-1200
Toll free: (888) 303-1209

 

Sources:

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

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

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

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