Bringardner Injury Law Firm in Charleston, SC helps families get justice and financial compensation when they have lost a loved one in a truck accident.
Our truck accident lawyers in Charleston represent clients across the entire state of South Carolina.
Federal and state laws require trucking companies to carry a lot of insurance coverage because the size and weight of the trucks contribute to accidents that are often more severe than those involving regular vehicles.
Oftentimes, several companies, insurance carriers, and individuals are involved in the claims process. The owner of the tractor may be different than the owner of the trailer. The broker who coordinated the load may be another company. The shipper and receiver may also be liable.
How we can help
Fatal truck accident cases can get very complicated very quickly. We thrive on handling serious, complex cases when a family cannot afford to lose the case. With Bringardner Injury Law Firm, your case will be in good hands. Call or message us today.
Representing Families in Fatal Truck Crash Claims
Drivers, passengers and pedestrians share the roads with thousands of large trucks. When a fatality occurs, the victim’s family is often left wondering what to do.
At Bringardner Injury Law Firm, we are experienced lawyers who take care of everything for you. It’s our goal to maximize your settlement amount and resolve your case efficiently so that your family can obtain some closure and try to move forward.
Contact us for your free consultation. We are happy to discuss your case and explain how we may assist you following the death of a family member caused by a careless truck driver and the trucking company.
Facts and Statistics about Fatal Truck Accidents Nationwide
- In 2020, 4,842 large trucks were involved in a fatal crash.
- Large trucks are 4% of registered vehicles, but they are 9% of vehicles involved in fatal crashes.
- On average, there are 35 fatalities for every 100 million miles driven by large trucks each year.
- Most often, the person killed in a large truck crash is a person in the other vehicle (70.7%). 12.5% of victims are not vehicle occupants. Only 16.7% are truck drivers.
- Fatal crashes occur more often in rural areas (54.65%) than urban areas (45.35%).
- 63.45% of crashes happen during the day. 36.55% happen at night.
- Fatal crashes happen throughout the year. However, they happen most in the summer and early fall. The least occur in March and April.
(NSC Injury Facts, Large Trucks)
Types of large trucks that may be involved in a fatal crash are:
- Big rigs
- Box trucks
- Refrigerator trucks
- Utility repair and service trucks
- Tractor trailers
- Garbage trucks
- Dump, haul trucks
- Concrete mixers, other construction trucks
The Risk of Fatal Truck Accidents
The average passenger car weighs 4,094 pounds. Small cars can weigh as little as 2,500 pounds. By comparison, the GVWR (gross vehicle weight rating) of a truck can be up to 80,000 pounds.
These heavy trucks require much longer stopping distances than passenger cars. Stopping distances can vary based on the speed and weigh of the truck, the traffic conditions, and mechanical issues. Stopping distances can be even longer in inclement weather.
Truck drivers are professional drivers, and are supposed to be trained to be knowledgeable of how to handle the truck in all situations. Unfortunately, that is not always the case, and some truck drivers operate the heavy trucks like they are race cars.
All of this adds up to danger for the public. The results may be tragic.
Compensation for Truck Accident Fatalities
Compensation for a fatal truck accident is awarded in the form of monetary damages. No amount of money will ever bring a loved one back. But awarding money to a family is the only thing that our legal system can do to right a wrong. The compensation should reflect the harm that the survivors have suffered because of the loss of their loved one, including payment for:
- Burial and other final expenses
- Pain and suffering
- Loss of companionship and guidance
- Lost income and household resources
- Mental anguish
- Medical bills
- Last expenses of the loved one
When a family member is negligently killed, the family usually has two (2) claims to pursue: 1) a wrongful death claim, and 2) a survival claim. While the claims are a little different, both are important and allow for money damages to be provided for financial and personal losses.
However, getting the compensation you deserve is not guaranteed. It is often difficult, especially when dealing with trucking companies, their lawyers, and insurance companies. To win, we must use evidence to prove all aspects of the case, including the legal fault of the truck driver and/or the trucking company and the amount of compensation that is due under the law.
Quantifying a loss of a loved one can be very difficult for non-lawyers because they may have no experience doing something like that. Our lawyers have that experience and track record of success to assist our clients with all that is needed to bring your case and obtain maximum compensation.
Should I accept the insurance company’s settlement offer?
Generally, the answer is almost always “No”. You typically should not accept a settlement offer without first talking to a fatal truck accident lawyer. If you call our office, our lawyers can discuss your situation. If you do not need our help, we will tell you so that you do not have to retain us or pay us lawyers fees.
However, if we do get involved in a case, we often find the settlement amount often increases after we are retained due to our investigation, experience, and reputation.
The insurance company may lie. They may hide evidence. They may distort the law and tell you things that are not true to try to discourage you and save the insurance company money. The insurance company wants to pay as little as possible on each claim. They aren’t going to tell you what your case is really worth. They know you are not a fatal truck accident lawyer and may try to take advantage of your and your family when they are most vulnerable.
We invite you to review the offer with our lawyers. We can explain if it’s a fair offer and why. We are happy to provide a free, comprehensive evaluation of your options and how we may assist you.
Wrongful Death Claims for Semi-Truck Fatalities
The personal representative or administrator of the loved one’s estate is the entity that brings the case for a fatal truck accident claim in South Carolina. You may receive compensation from the claim if your are a family member of the deceased, but who receives the money, and how it is divided, is controlled by South Carolina wrongful death law.
Is there a deadline to file a claim for a fatal truck accident in Charleston, South Carolina?
Generally, there is a three-year deadline to file a claim for a fatal truck accident in South Carolina. Sometimes, it is a two-year deadline. This is called the “statute of limitations”. However, you shouldn’t wait that long. It’s usually best to hire an attorney as soon as possible after a fatal truck accident.
The trucking company often sends attorneys and investigators to the scene of a fatal truck accident, even before the deceased has been taken away from the scene. Trucking companies move quickly to conduct their own investigation. You should too with the help of an experienced trucking lawyer.
How can a lawyer help me following a fatal truck accident?
When you have lost a loved one in a fatal truck accident, you are grieving. You may not know what to do. You may not know where to begin or who to speak to. Our lawyers can assist you with everything related to the case, including:
- Conducting a detailed independent accident investigation
- Determining legal fault and the right to compensation
- Knowing who can be a beneficiary and what to claim
- Taking the steps to start the case with a solid foundation
- Drafting legal paperwork and representing you at formal proceedings
- Gathering evidence regarding damages, investigating and building the claim
- Negotiating your settlement
- Understanding and interpreting the laws that apply to fatal truck accidents in Charleston, SC
- Knowing local court procedures and requirements
- Always being available and answering your questions
At Bringardner Injury Law Firm, we know that the insurance company will try to do everything they can to minimize compensation. We do everything we can to maximize it. We are professional legal team that will work aggressively and protect your rights and avoid the pitfalls and traps that lurk in every case. We are always available to answer questions and provide updates.
Contact a Lawyer for Fatal Truck Accidents in Charleston, SC
We are taking new fatal truck accident cases. There is no fee unless you recover, and we are available 24/7.
Talk to a lawyer at Bringardner Injury Law Firm now. Call or message us to discuss your situation. If we take your case, we will get started right away.