Commercial vehicle accidents can have devastating outcomes, particularly in a historical city like Charleston, with its narrow streets and bustling intersections. The complexities of these accidents are numerous because you’re not just dealing with an individual but often a corporation or business entity.
Understanding how liability and compensation differ from a standard crash is critical to receiving a fair settlement for your injuries.
How Do Commercial Vehicle Accidents Differ from Passenger Vehicle Crashes?
In Charleston, where traffic from interstates I-26 and I-526 converge, the prevalence of commercial vehicle accidents is a major concern. These accidents differ from passenger and light vehicle car crashes due to their complex liability and the extent of damages to the injured party.
- Magnitude of damage: Commercial vehicles, especially large trucks, are often up to 30 times heavier than personal cars. This size disparity can result in catastrophic damage to property and individuals. In 2021, 72% of those killed in large truck crashes in the U.S. were the driver or passenger in the smaller vehicle.
- Federal regulations: Unlike accidents involving personal vehicles, commercial trucks are subject to multiple federal regulations. These govern hours-of-service, cargo securement, and logging requirements for commercial drivers and their employers. When these laws are violated, it can indicate liability and help you win a claim to pay for your damages.
- Insurance coverages: Due to federal insurance requirements, commercial truck accidents can result in higher settlements for victims. For example, trucks carrying non-hazardous freight must have $300,000 in insurance. This offers substantial potential coverage for medical bills, lost wages, or emotional distress compensation over personal auto liability insurance.
- Aggressive opposition: Victims typically face fierce opposition from the trucking company’s insurance company due to the potentially high compensation awarded for commercial vehicle collisions. These insurers often use misleading or bad-faith tactics to pressure you into settling for less than you deserve if you don’t have adequate legal representation.
How Liability is Different in Commercial Vehicle Accidents in Charleston
Determining who is liable for your commercial vehicle collision in Charleston is essential to receiving a fair settlement. However, this process can be more challenging than a standard car accident case due to multiple potential at-fault parties.
Working with a skilled personal injury lawyer can help you navigate the complex legal process to seek compensation from the responsible driver, their employer, or a third party.
- Employed drivers: This refers to a driver directly employed by the company that owns the commercial vehicle. If an employed driver’s negligence or recklessness causes the accident, the company may be held liable under the “vicarious liability” or “respondeat superior.” In this case, the company’s insurance should cover your damages up to their policy limits.
- Contracted drivers: Some companies hire contracted or independent drivers to operate their vehicles. If the contracted driver’s negligence causes the accident, you may be able to file a claim with their personal liability auto insurance. If the contracted driver doesn’t have the required insurance per South Carolina law, you can file with your uninsured motorist policy for coverage.
- Vehicle manufacturer or maintenance provider: If the accident is caused by a defect in the vehicle or improper maintenance, the manufacturer or maintenance provider might be liable for the accident. This allows you to seek a settlement from the manufacturer’s or maintenance provider’s insurance.
- Other negligent parties: Depending on the circumstances, other parties, such as roadway construction companies, cargo loaders, or other drivers involved in the accident, could share liability if their negligence contributed to the accident. In this case, you can work with your attorney to file with more than one party’s insurance company for compensation.
Potential Compensation: Breaking it Down
After a commercial vehicle crash in Charleston, you may be dealing with life-changing injuries and thousands in damages. Your injuries may also profoundly impact your life, causing emotional distress and pain that prevents you from doing what you once enjoyed.
As part of a commercial vehicle collision claim, our attorneys can ask for compensation for the following:
- Medical expenses: These can cover immediate medical attention post-accident, ongoing treatment, surgery, rehabilitation, and any future medical expenses related to the accident.
- Lost wages: If your injuries prevent you from working temporarily or permanently, you may be compensated for the lost income during that period.
- Property damage: This covers repairing or replacing your vehicle and any other personal property damaged in the accident.
- Pain and suffering: This compensation pertains to the physical pain and emotional distress from the accident.
- Loss of enjoyment of life: If your injuries hinder you from enjoying daily activities or hobbies, you might be entitled to this compensation.
- Punitive damages: In cases where the commercial driver’s behavior was reckless or malicious, a Charleston jury might award punitive damages to punish the wrongdoer and deter similar future conduct.
Truck Accident Lawyers: Experience Matters!
Accidents involving 18-wheelers and other commercial vehicles are some of the most complex types of personal injury cases. Truck companies, and their insurance providers, have been known to use sneaky or unethical practices to delay, deny, and devalue an accident victim’s rightful claim. Their goal is to keep profits high and compensation to accident victims low. Without the assistance of an experienced truck accident lawyer, the company may victimize you twice.
Joye Law Firm has the hands-on experience, resources, and legal skills needed to level the playing field. With extensive experience successfully litigating commercial vehicle wreck, we invite you to review a sample of the types of cases we’ve handled for clients just like you:
- $17 Million Trial Veridct for Family of Three Rear-Ended by 18-wheeler
- $5 Million Settlement for Pedestrian Killed by Truck in North Charleston
- $4.3 Million for Oversized Load Wreck on I-26
- $1 Million Settlement in Dorchester County Log Truck Accident
- Read more truck accident Case Studies
Get a Fair Settlement After a Commercial Vehicle Crash in Charleston
Dealing with the aftermath of a commercial vehicle accident in Charleston requires a different approach than a standard auto accident. Our experienced legal team at Joye Law Firm recognizes the unique challenges posed by these complex cases – from complicated liability issues to insurance regulations governing commercial vehicles.
We’re not just legal advocates; we’re your partners in understanding the nuances of your situation and seeking the compensation you deserve. Contact us today for a free case review so our attorneys can build your claim.
