Truck accidents are a daily part of life in Greenville and the Upstate area. This doesn’t mean you should accept the financial consequences when you’ve been hurt. If a truck accident has left you injured, you need the support of a reputable Greenville truck accident lawyer from Smith Jordan Law to determine who is liable in a truck accident.
Determining liability in your Greenville truck accident
Determining liability depends on identifying each party who contributed to your accident. Building a strong case requires a thorough investigation that uncovers what happened, who is to blame, and what share of each person’s fault.
Some common liable parties your attorney may investigate include:
- Truck driver: An exhausted or careless driver may break traffic laws or hours of service regulations, causing an accident and injuries.
- Trucking company: The truck owner may have been negligent in ensuring appropriate maintenance of the vehicle to keep it in safe, operating order.
- Dock workers: Those who load the cargo may have loaded it improperly. Shifting cargo can affect the way the truck drives and cause an accident.
- Mechanics: A negligent or careless mechanic may fail to perform basic safety checks over their work, leading to an improperly functioning vehicle.
- Other motorists: In some cases, other motorists can drive erratically, forcing the truck driver to take actions that lead to a crash.
- Manufacturers: If tire or truck component manufacturers produce defective parts, they could be held liable if the defective item causes an accident.
This is not an exhaustive list of possible at-fault parties, but any or all of these factors can contribute to the cause of a truck accident.
Evidence to establish liability in a Greenville truck accident
The burden of proof in South Carolina civil cases is lower than that of criminal cases. According to Civil Remedies and Procedures Chapter 36, you must present evidence showing how the other party is responsible. This can become a challenge if you fail to identify all those to blame for your injuries.
Evidence collection starts from the moment after the crash, and there are some steps you can take to strengthen your truck accident case, including:
- Take photos of the scene, including your vehicle, the truck, and the surrounding area.
- Collect the names of witnesses who may have seen what happened and gather any photos or videos they may have of the accident.
- Keep and maintain your medical records, photos, or anything related to the accident.
- Ensure you get the responding officer’s name and a case number to pull the police accident report.
This documentation may act as supporting evidence for what happened. For example, some injuries may be more common in a specific type of impact. Similarly, damage to some regions of the vehicles may also provide insight into how the accident happened and how fast each party was going.
How comparative negligence laws may affect your truck accident case
When you consider multiple responsible parties, a critical concept is comparative negligence. Under Civil Remedies and Procedures Chapter 38, damages are assigned following the percentage of fault. This most often refers to the plaintiff’s contribution to their own damages, but they can also be distributed among multiple defendants.
If it turns out that you were going slightly over the speed limit, you may receive part of the blame. Yet, suppose a drunk driver in a passenger car swerved into the tractor-trailer driver’s lane. If the truck driver slams on the brakes and the truck jackknifes, part of the blame falls onto the drunk driver.
The court may assign most of the blame to the other parties, but if you carry any fault, perhaps 10%, for speeding, your settlement will be reduced by the same amount. Therefore, a $10,000 settlement will be $9,000, reflecting a 10% decrease. Fortunately, your Greenville truck accident attorney will work diligently if you have partial fault to reduce the blame and maximize your compensation so you have the resources you need to recover.
The concept of liability is simple. The person who caused the accident is responsible. However, countless factors may contribute to the cause, and failure to thoroughly investigate these possibilities can mean you will walk away with less than you deserve or nothing at all.
Truck accident liability can be complicated – we’re here to make it easier.
At Smith Jordan Law, we are used to the complexities and nuance of truck accident liability. We will use our experience to fight unfair accusations of your own liability and work to build a strong case addressing all other points to help you recover the maximum compensation. We can address frequently asked questions and help you understand your options.
Don’t take a chance on fighting this alone when we are ready to stand by your side every step of the way. Call us today at (864) 343-2222 or complete our online form for a free case consultation.
