A man was killed by a tractor trailer last week in Greenville South Carolina while navigating a turn onto the roadway where the truck was traveling. Fatalities from truck accidents involve 72% of occupants riding in other vehicles and there has been a 9% increase in U.S. fatal accidents related to trucks from 2017 data. If you have vehicle damages or injuries related to a truck accident, or have lost a loved one, contact a personal injury accident attorney for assistance.
Monitor commercial driver licensure (CDL) and records.
Proper training must be undertaken by truck drivers to receive a CDL because of the difficult maneuverability and specialized mechanisms in big rigs. Commercial driver records can be tracked to reveal individual driving patterns through ticketed repeat offenses, including speeding or improper maintenance of vehicles. These are red flags to commercial driver regulators and should be monitored to reduce accidents caused by poor driving habits.
Simple driver actions to reduce truck accidents.
- Controlling cargo shift by making sure loads are secured.
- Maintaining long stopping distances – a simple measure that will allow more reaction time, and decrease the likelihood of an impact.
- Drive smoothly to maintain truck balance.
- Avoid skidding by driving with control, and moving slower in bad weather situations.
- Observe speed limits to make certain you are driving safely for the type of roadway you are traveling. This will also allow more reaction time for other travelers regarding changes to road and weather situations.
Document evidence to support claims.
Because South Carolina is an “at-fault” state, it is necessary to prove the other driver was at fault for the accident. You will need to show the following reports to support a negligence claim. Wrongful death claims are mostly the same as personal injury claims except the injured party has died and the claim is being brought on behalf of the deceased, and damages may include future earnings and funeral costs.
Visual evidence: photographs taken at the scene and pictures of injuries.
Witness testimony: People at the scene, including passengers may have valuable testimony.
Police reports: When police arrive at the scene or when you file a police report, officers will be taking notes. They have an objective perspective that may help your case.
Medical bills: The amount of your settlement is largely contingent on the extent of your injuries. If you were severely injured, go to the doctor and keep precise records of all medical treatment.
Elements of negligence.
- An owed duty of care;
- a breach of duty;
- causal connection resulting in the harm;
- proximate cause;
- measurable damages.
Seek legal counsel.
Under pure contributory negligence, a person who is found to be responsible for the accident must pay damages to the other driver, passenger, or property owner. The insurance policy of the at-fault driver covers the bodily injury and personal property damage to the other motorist. In South Carolina, the amount of the loss covered depends on how much of the accident was due to the at-fault driver’s negligence. If the damage exceeds the coverage limits of the at-fault party’s insurance policy, the other driver may sue to recover remaining expenses in court. An experienced accident attorney can help with this matter.
Sources:
Restatement (Second) of Torts § 402A cmt. b (Am. Law Inst. 1965). Citing to the Second
Restatement and the comment to a specific section.
