Unique Challenges in Truck Accident Litigation

Litigating a truck accident case has a variety of unique challenges that differentiate it from other motor vehicle accidents. Because of the size and weight of commercial trucks, these accidents can result in severe injuries, extensive property damage, and even fatalities. Additionally, there are many parties that might be liable for the accident. The truck driver, trucking company, manufacturers, and maintenance staff are all potentially liable under the law. State and federal regulations, including those of the Federal Motor Carrier Safety Administration (FMCSA), apply in these cases. Violations of those laws can be evidence of negligence. If you or a loved one has been injured in a truck accident, the attorneys at McGowan, Hood, Felder & Phillips are here to help.

How truck accidents differ from car accidents

Truck accidents are often more severe than car crashes, and the litigation is often more complex. While both types of accidents can cause injuries and damages, truck accidents often have more catastrophic outcomes due to their size and weight. A commercial truck can weigh up to 80,000 pounds when fully loaded, in contrast to a passenger car, which typically weighs around 3,000 pounds. What this means is that truck accidents are more likely to cause significant injuries or fatalities.

The legal aspects of a truck accident case are another significant difference. Truck accidents involve multiple regulations, including those enforced by the Federal Motor Carrier Safety Administration. FMSCS rules cover everything from driver qualifications and hours of service to vehicle maintenance standards. Liability and fault in a truck accident case can also be more complicated. The driver, the trucking company, cargo loaders, vehicle manufacturers, and maintenance staff may all be liable. Car accident cases typically focus on the drivers’ actions and potential fault, making them a bit more straightforward.

A truck accident may raise evidentiary issues as well. Investigators need to review black box data, driver logs, GPS records, and maintenance reports in order to determine fault. At McGowan, Hood, Felder & Phillips, we know the intricacies of trucking laws and regulations.

Making the case about the trucking company, not the driver

When pursuing a truck accident claim, our attorneys understand that it can be strategic to focus on the truck company rather than solely blaming the driver. A trucking company could be liable for causing driver fatigue that led to an accident if it pressured its driver to meet unrealistic deadlines or violated FMCSA hours-of-service regulations. The company’s hiring practices may also lead to liability. For instance, if it hires drivers with a poor safety record or failed to train new employees. Neglecting regular vehicle maintenance or overlooking safety defects can result in fault if any of these issues contribute to a truck accident. Shifting the focus to the trucking company instead of the driver can result in higher compensation – as trucking companies typically have larger insurance policies and more assets than an individual driver.

Our attorneys work to get to the root cause of your truck accident. We investigate to find out why it happened, not just what happened.

Using regulations and industry standards to support your case

Violations of regulations and industry standards can be strong evidence of negligence. Our experienced South Carolina truck accident attorneys thoroughly investigate your accident to identify any breaches of these standards and build a compelling case against the trucking company.

FMCSA regulations cover drivers’ hours of service, vehicle maintenance, cargo securement, and driver qualifications. Our legal team works to find evidence that the trucking company violated these regulations – like forcing drivers to exceed their legally permitted driving hours, failing to conduct regular inspections, or neglecting to maintain proper records. We may also consult industry standards and best practices like those set by the National Highway Traffic Safety Administration (NHTSA) or the Commercial Vehicle Safety Alliance (CVSA) to underscore the company’s failure to follow safety protocols.

Our South Carolina truck accident lawyers strengthen our argument that the trucking company failed to uphold its duty of care to you by presenting evidence of violations or deviations from industry safety standards. We work to demonstrate how the trucking company’s actions – or lack of action – directly led to your accident, and we hold it accountable for your resulting injuries and damages.

How do you maximize the value of my truck accident case?

Our truck accident attorneys take a strategic and thorough approach to determining the value of your truck accident case. We ensure that all aspects of your accident, injuries, and long-term consequences are addressed and accounted for. In order to demonstrate your right to compensation, we take the following into consideration.

Evidence collection

We collect and preserve the information that’s important to your case – like black box data, driver logs, maintenance records, GPS data, and photos of the accident scene. We can also search for video footage from dashcams, traffic cameras, or nearby businesses. Our attorneys may also call in accident reconstruction experts to analyze the scene of the crash and create a detailed report demonstrating the trucking company’s and driver’s negligence.

Identifying liable parties

As we mentioned earlier, truck accident cases often involve multiple parties in addition to the driver, like the trucking company, cargo loaders, maintenance crews, or the truck manufacturer. By doing this, we increase your potential sources of compensation – especially when the trucking company has a large insurance policy or assets from which to draw.

Demonstrating regulatory violations

We investigate whether the truck driver or trucking company violated federal or state violations like those outlined by the FMCSA. We can increase your case’s value by proving violations like breach of hours-of-service regulations, improper maintenance, or insufficient driver training.

Calculating your full damages

Our South Carolina truck accident attorneys assess all the damages you’ve suffered – including medical expenses, lost wages, property damage, and pain and suffering. We take into consideration long-term or permanent injuries that require future medical care and a change to your daily life. We work with medical and financial experts to properly calculate these damages.

Negotiate with insurers

It’s a fact that trucking companies and their insurers have large legal teams working to minimize payouts to people like you. However, our attorneys know how to negotiate effectively and aggressively to counter lowball settlements. We present our case as if we are ready to go to trial, pressuring the insurance company to offer a fair and complete settlement that reflects the value of your losses.

At McGowan, Hood, Felder & Phillips we’re prepared to take on your South Carolina truck accident. If you or a loved one have been injured in a truck accident, you deserve experienced representation from an aggressive legal team. Our truck accident attorneys are here to stand up for your rights, investigate your case thoroughly, and fight for the maximum compensation available for your injuries. Call us or fill out our contact form to set up a free case evaluation today.