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EASLEY TRUCK ACCIDENT LAWYER

When a truck driver causes a crash, victims can be seriously injured or killed. Determining who is at fault can be complicated without experienced legal guidance.

Smith Jordan Attorneys at Law is ready to assist you or your loved one with a free consultation with an Easley truck accident lawyer at our firm. We assess your case and explain how to proceed. Our personal injury lawyers in Easley, SC have managed cases like yours for over 40 years and we’re ready to help you today.

Why should I work with Smith Jordan?

At Smith Jordan, our attorneys work tirelessly on your behalf so you can focus on healing. We negotiate for you so you aren’t taken advantage of by ruthless trucking company lawyers who only want you to close your claim. We push back until we’ve reached a satisfactory settlement that provides the justice and compensation you deserve.

How much does it cost to hire a truck accident lawyer in Easley?

A trustworthy Easley truck accident attorney is more interested in ensuring your rights are protected than treating you like an ATM. At Smith Jordan, our lawyers offer free consultations so you can discuss your concerns without risk. We then work on a contingency fee basis, where we do not get paid until we secure a settlement for you.

What should I do after being in a crash with a semi-truck?

A semi-truck accident can be extremely chaotic. You may or may not be injured, but you will likely be disoriented and confused. Keep calm and take these recommended actions.

1. Call 911 and ask for the police and an ambulance

You will need both police and medical assistance to ensure everything is documented for the future. You’ll benefit from having an official record in the police report and treatment records from the paramedics.

2. Remove yourself from harm’s way

Move away from the vehicles to the roadside to await assistance from the police and paramedics.

3. Gather evidence and witness contact information at the scene

Get as much information and evidence at the scene as you can. A lot of vital materials and details can get lost after things are cleaned up. Share your insurance and contact information with the other drivers, and ask witnesses for their contact information.

Take photos of everything and note any traffic, security, or other cameras in the area. Your truck accident lawyer in Easly, SC, can request footage to demonstrate what happened.

4. Notify your insurance carrier

Tell your insurance company you’ve been in a truck accident. Give them the basic details, then wait for your attorney to speak with them to discuss what happened and how.

5. Meet with an Easley, SC, truck accident lawyer

Schedule a meeting with a qualified truck accident attorney in Easley, SC, to discuss your options for filing a claim against the trucking company’s insurance provider.

How long do I have to file a claim?

The South Carolina statute of limitations is three years from your truck accident for most claims. However, if the truck is owned or operated by a governmental entity, or some non-profit or charitable organizations, you will only have two years from your truck accident to file a claim. Since it can take months to put together a strong case, contact our truck accident attorneys right away so we can build your case and negotiate the best outcome for you.

What kinds of damages can I claim?

Damages are compensation for your financial costs and monetary acknowledgment of your pain and suffering.

Economic damages

Economic damages have a fixed price. Some typical economic losses are:

  • Medical bills
  • Damage to your personal property
  • Unpaid wages and reduced earning potential
  • Future estimated treatment costs for your injuries
  • Nursing care expenses
  • Travel costs for treatment and doctor’s appointments

Non-economic damages

Non-economic damages can’t be accounted for with a receipt, but they are just as important. You should be compensated for how your life is affected because of the crash, including:

  • Anxiety
  • Depression
  • Disability
  • Loss of enjoyment of activities
  • Paralysis
  • PTSD
  • Scarring and disfigurement

The trucking company has insurance – why do I need a lawyer?

Insurance companies want to protect their bottom line, and that means paying you as little as possible for your claim. They will make lowball offers and even say you are to blame for the crash, so you don’t deserve anything. Instead of fighting alone, you can put all this worry into the hands of a skilled truck accident attorney.

Smith Jordan Attorneys at Law will research your crash and present a robust case showing how the liable parties are responsible. We provide critical services for your case, such as:

  • Give insightful advice grounded in the law
  • Investigate the accident in great detail
  • Gather all relevant evidence to support your claim
  • Employ accident reconstruction experts to demonstrate what happened
  • Manage all communications and negotiations on your behalf
  • Demand fair and appropriate settlements with the insurance provider
  • Take your case to court to secure the outcome you need

Who else besides the driver may be liable for the crash?

It’s rare for there to be a single entity or person to blame for a truck crash. Our attorneys will fully investigate all aspects of your accident to determine every liable party so we can hold them accountable. These may include the following.

Trucking company

The trucking company is responsible for hiring, training, and disciplining its drivers. It also must maintain its trucks and other equipment according to safety regulations. When the company fails in these actions, it can be held responsible.

Trucking companies are also responsible for the driving behaviors of their employees and are usually the ones we pursue for maximum compensation.

Cargo loading company

The company that loaded the truck can be held liable if their employees didn’t follow proper procedures for loading and balancing the cargo. If the materials shifted during transport and caused the driver to lose control, the loading business may be at fault.

Manufacturer of the truck or truck parts

Commercial trucks have thousands of parts and critical systems that are subject to failure or malfunction. If a parts manufacturer knowingly produces or sells faulty components, they could become a defendant in your truck accident case.

Another driver

Sometimes, a truck crash happens when another vehicle swerves in front of a tractor-trailer, unaware that they’ve started a chain reaction that ends in your injury from a truck crash.

How does an Easley truck accident lawyer prove liability?

To successfully receive damages for your injury and property loss, your lawyer will need to present evidence and arguments that conclusively prove the four elements of negligence.

1. Duty of care

The first element is demonstrating that the defendant owed you a duty of care. Anyone operating a motor vehicle on the road owes drivers, pedestrians, bicyclists, and others a duty to drive safely and not put anyone else in harm’s way.

2. Breach of duty

Your attorney will need to show how the defendant breached or failed in their duty of care. This may include showing that they were distracted while driving, under the influence of alcohol or drugs, ignoring traffic laws, or engaging in some other action that breached the duty of care.

3. Causation

Linking your injuries and damages directly to the defendant’s negligent actions (or inactions) is critical. You must show that their carelessness caused your harm and that nothing else is responsible.

4. Damages

The final element is to show that you have identifiable expenses and losses that are a direct result of your injuries and property damage. Receipts, photographs, video, medical records, and expert testimony can support this part of your claim.

How long will my case take to settle?

Each case is unique, but the average time to settle a truck accident case is about one year from the time it’s filed. During that period, your attorney will try to negotiate a satisfactory compensation amount from the at-fault parties, but if your case goes to court, it might be even longer.

The statute of limitations in South Carolina is only three years after your accident, but there may be exceptions. Your attorney can advise you on how long your case may take.

What is a semi-truck “black box” and how can it help my case?

Because commercial trucks carry millions of dollars of cargo, the owners of that freight are heavily invested in ensuring it gets where it belongs. They use technology known as “event data recorders,” or “black boxes” to track where the trucks go and how they are being driven.

These devices hold information about what happened before, during, and after a crash. Your attorney can request this data and work with experts to interpret it.

Common causes of truck accidents

Driver fatigue

Driving too many hours with too little rest can lead to fatigue. Drowsy driving is nearly as big a risk as drunk driving.

Distracted driving

Cell phones, GPS devices, and other distractions can lead truck drivers to cause a wreck.

Driving under the influence of alcohol or drugs

Any substance that impairs a truck driver’s ability to drive safely can cause an accident.

Unsafe driving practices

These can include speeding, driving recklessly, ignoring traffic laws, and driving aggressively.

Types of semi-truck accidents

Rollover

When a truck rolls onto its side or roof, it can crush other vehicles, causing a rollover crash.

Jackknife

Jackknife accidents occur when the trailer swings beside the tractor at a greater than 90-degree angle, resembling a pocket knife.

Underride

Some of the most deadly crashes are underride accidents that involve another vehicle traveling underneath the back or side of a tractor-trailer, resulting in extreme damage.

Lost cargo

When cargo falls from a flatbed or is thrown from an open trailer door, the freight can damage nearby vehicles.

Sideswipe

If a tractor-trailer swerves into the sides of other vehicles, they can run them off the road or into oncoming traffic.

Common truck accident injuries

Common injuries you might suffer in a truck accident include:

  • Amputation
  • Back and neck injuries
  • Broken bones
  • Burns
  • Internal bleeding
  • Organ damage
  • Paralysis
  • Traumatic brain injuries

“Dos” and “don’ts” of dealing with insurance after a crash

How you interact with insurance companies after an accident can significantly affect the outcome of your claim.

“Dos” when dealing with insurance

Do answer their most basic questions to confirm who you are

Don’t give them more than the basic details, such as who was involved, where and when the crash happened, and insurance information for other drivers.

Do refer them to speak with your attorney

Ask the insurance representatives to contact your lawyer for more information.

“Don’ts” when dealing with insurance

Don’t post anything about the incident on social media

Insurance lawyers will use anything you post against you to reduce their liability, so it’s a good idea to stay off social media until the case is complete.

Don’t give statements without a lawyer present

Never speak with the insurance company without your lawyer present.

Don’t use the word “accident”

Call it an incident, event, or anything else besides an accident, crash, or wreck.

Speak with Our Skilled Legal Team About Your Case

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Our Easley truck accident attorneys are here to help

At Smith Jordan Attorneys at Law, we are your choice for a qualified Easley truck accident lawyer. Our focus is on providing experienced and compassionate representation for those in need. Contact us by phone at (864) 343-2222 or online to schedule a free case evaluation and learn more about your options for seeking compensation.