Truck Accident Lawyer Columbia, SC

• Proving Negligence After A Truck Accident
• Insurance Company Tactics
• 7 Common Causes Of Truck Wrecks
• Infographic
• Truck Accident FAQs
• Woron & Dhillon, LLC, Columbia Truck Accident Lawyer
• Contact Us Today

Proving Negligence After A Truck Accident

Proving negligence is a fundamental aspect of personal injury law, especially in cases involving truck accidents. At Woron and Dhillon, LLC, as esteemed truck accident lawyers in Columbia, SC, we understand the intricacies of establishing negligence to ensure our clients receive the compensation they are entitled to. This process is pivotal in holding the responsible parties accountable for their actions or inactions that led to an accident. Below, we delineate the key steps and considerations involved in proving negligence in truck accident cases.

The Concept Of Negligence

Negligence, in legal terms, refers to the failure to exercise the level of care that a reasonably prudent person would in similar circumstances. In the context of truck accidents, this could mean a variety of actions or failures, such as distracted driving, non-compliance with traffic laws, inadequate truck maintenance, or the improper loading of cargo. Our role, as your dedicated legal representatives, involves not just understanding these facets but proving them unequivocally before a court of law or an insurance company.

The Four Elements Of Negligence

Proving negligence requires us to demonstrate four critical elements in your claim: duty, breach, causation, and damages.

• Duty Of Care: We begin by demonstrating that the defendant owed a duty of care to the plaintiff. In trucking cases, this duty is inherent, given the truck driver’s responsibility to operate the vehicle safely to prevent harm to other road users.
• Breach Of Duty: Next, we must prove that this duty was breached. This could involve showing how the truck driver or trucking company failed to meet the expected standard of care, such as through reckless driving or failing to adhere to regulations.
• Causation: Establishing causation is about linking the breach of duty directly to the accident and the plaintiff’s injuries. We meticulously gather and present evidence to show that the accident would not have occurred but for the defendant’s negligence.
• Damages: Finally, we must demonstrate that the plaintiff suffered actual damages as a result of the accident. This includes physical injuries, property damage, emotional distress, lost wages, and other quantifiable losses.

Collecting And Presenting Evidence

A successful negligence claim hinges on the strength of the evidence presented. Our team at Woron and Dhillon, LLC, excels in the meticulous collection and effective presentation of evidence, including but not limited to, accident scene photographs, witness statements, police reports, expert testimonies, and medical records. We know how to argue that every piece of evidence contributes to a compelling narrative that substantiates our client’s claim of negligence.

Employing Specialist Witnesses

In many truck accident cases, the technicalities of proving negligence necessitate the input of expert witnesses. This may include accident reconstruction specialists, medical professionals, and trucking industry experts. Their testimonies can provide invaluable insights into the causation and extent of damages, bolstering our case against the defendant.

Insurance Company Tactics

Truck accidents can be devastating, resulting in severe injuries, property damage, and emotional trauma for the victims involved, which our Columbia truck accident lawyer can help you get compensated for. While insurance coverage is supposed to provide financial assistance to those affected, insurance companies often employ various tactics to avoid paying or underpaying victims of truck accidents. Learn about five common tactics used by insurance companies, and then contact Woron and Dhillon, LLC for help.

Denial Of Liability

One of the primary tactics used by insurance companies is to deny or dispute liability for the truck accident. They may argue that their insured driver was not at fault or that the victim contributed to the accident. This tactic can significantly delay the claims process, forcing victims to fight for their rights. An experienced truck accident lawyer can thoroughly investigate the accident, gather evidence, and hold the responsible parties accountable.

Lowball Settlement Offers

Insurance companies may offer victims of truck accidents a lowball settlement, hoping they will accept the offer out of desperation or lack of knowledge about their rights. These initial settlement offers are often far below the actual value of the claim. They often won’t fully cover medical expenses, lost wages, pain and suffering, and more. Our lawyers can assess the true value of your claim and negotiate with the insurance company to secure a fair and just settlement.

Delaying Tactics

Insurance companies may use delay tactics to frustrate victims and pressure them into accepting inadequate settlements. They may take a long time to investigate the claim, request unnecessary documentation, or delay responding to communications. These unnecessary delays can create financial hardships for victims, who may require immediate compensation for their medical bills and other expenses. 

Blaming Pre-Existing Conditions

Another tactic used by insurance companies is to blame pre-existing conditions or previous injuries of the victim as the cause of their current injuries from the truck accident. They may argue that the injuries were not directly related to the accident, which can reduce or deny the victim’s claim. However, a skilled attorney can gather medical records and expert opinions to establish the connection between the accident and the victim’s injuries. 

Surveillance And Social Media Monitoring

Insurance companies may conduct surveillance or monitor the social media accounts of truck accident victims to gather evidence that can be used to deny or reduce their claims. They may try to capture photos or videos of the victims engaging in physical activities that could be interpreted as contradictory to their claimed injuries. You should always exercise caution about your social media usage following an accident, and you should never discuss details of the case online. Your truck accident lawyer can guide you on how to protect your rights and avoid potential pitfalls during the claims process.

7 Common Causes Of Truck Accidents

• Fatigued Driving

It is no secret that truck drivers spend long hours on the road. They are under immense pressure to meet tight deadlines and may drive longer than they are supposed to. Unfortunately, this can lead to fatigue. Truck drivers who are in need of rest may lose focus of the road ahead or even fall asleep behind the wheel.

• Distracted Driving

Driving for hours can get boring after a while. That is why some truck drivers may try to distract themselves. They may text on a smartphone, change the radio station or just daydream. If these drivers do not have their entire attention on the road ahead, they risk causing an accident.

• Overloaded Cargo

Truck drivers have to transport various goods from Point A to Point B. However, they have a certain weight limit that they aren’t supposed to exceed. If truck drivers overload cardio, they have a higher chance of getting into an accident. Overloaded trucks are more difficult to control and are more likely to roll over.

• Speeding

As mentioned above, truck drivers are often under tight deadlines. Some truckers may drive above the speed limit to ensure they deliver their goods on time. However, speeding can cause truck drivers to lose control of their vehicles and cause an accident.

• Inexperience

Operating a commercial truck is different from driving a passenger vehicle. That is why truck drivers are required to complete extensive training before getting behind the wheel. However, some trucking companies may skimp on training to save money. Inexperienced drivers are more likely to cause accidents.

• Drunk Driving

Truck driving can be a stressful job at times and some truck drivers may drink alcohol to cope. If they drink alcohol before getting behind the wheel, they can put everyone on the road in danger. Alcohol can impair judgment and reaction times, increasing the risk of an accident.

• Poorly Maintained Vehicles

Just like other vehicles, commercial vehicles should undergo regular maintenance. However, some trucking companies may not maintain their vehicles properly to save money. Poor vehicle maintenance can lead to tire blowouts, worn tires and other issues that can cause accidents.

Infographic

Truck Accident FAQs

Our Columbia truck accident lawyer is here to answer any questions you may have about your case. Below are five common questions we receive about trucking cases that we hope can help anyone understand the dynamics at play.

Who Can Be Held Liable In A Truck Accident?

Determining liability in a truck accident is complicated because multiple parties can be held responsible. These parties may include the truck driver, the trucking company, the truck’s owner, the cargo loader, and the truck manufacturer. The liability could lie with the truck driver if reckless behavior, fatigue, or impairment caused the accident. The trucking company can be liable for negligent hiring, inadequate training, or pushing drivers to break safety regulations. If a mechanical failure caused the accident, the truck’s owner or manufacturer might be responsible. Lastly, if improperly loaded or secured cargo contributed to the accident, the cargo loader might be at fault.

How Do Laws And Regulations Impact a Truck Accident Legal Case?

Commercial trucks are governed by federal laws and regulations overseen by the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover driver hours, maintenance requirements, load limits, and driver qualifications. Violations of these regulations can be used as evidence of negligence in a truck accident case.

How Is Compensation Determined In Truck Accident Cases?

Compensation in truck accident cases, also known as damages, can include economic damages (tangible costs like medical bills, lost wages, and property damage) and non-economic damages (intangible costs such as pain and suffering, mental anguish, and loss of enjoyment of life). However, if the defendant’s conduct was particularly egregious, punitive damages might also be awarded to punish the defendant and deter similar behavior in the future.

What Is The Role Of Insurance In Truck Accident Cases?

Commercial trucks are required by federal law to carry significantly higher insurance coverage than personal vehicles due to the potential for severe damage and injuries. Therefore, insurance plays a crucial role in compensating for truck accident victims. However, dealing with insurance companies can be challenging, as they often attempt to minimize payouts.

Can I Handle A Truck Accident Case Without A Lawyer?

While it’s possible to handle a truck accident case without legal representation, it’s generally not advisable due to the complex nature of these cases. Our experienced truck accident lawyer can navigate the nuanced legal and insurance systems, identify all liable parties, negotiate with insurance companies, and help you receive maximum compensation.

Woron and Dhillon, LLC, Columbia Truck Accident Lawyer

1328 Richland St, Columbia, SC 29201

Contact Us Today

At Woron and Dhillon, LLC, we have the experience and dedication required to guide our clients through the legalities that follow a truck accident. Our commitment to justice and unwavering support for our clients are reflected in our reputation as trusted truck accident lawyers in Columbia. Let us advocate for you. Call today to request your free case evaluation.