A truck underride accident comes with potential serious consequences. Passenger vehicles may get trapped underneath trucks. With truck drivers having little to no visibility, these cars can be crushed or pinned underneath the larger truck.
If you or someone you know is dealing with the fallout from an underride accident, you need a truck accident lawyer in Moncks Corner to assist you. Reach out to the team at West Law Firm Personal Injury Lawyers to get further support today.
How Do Truck Underride Accidents Happen?
Even with advanced safety measures such as rear underride or side underride guards, truck underride accidents can happen. An attempt to swerve outside of the undercarriage could lead to an accident with another vehicle altogether.
Causes of truck underride crashes include improper guards or lack of guards, unsafe driving behaviors like:
- Distracted driving
- Drunk driving
- Failing to yield
- Poorly designed roads
- Traffic congestion
- Vehicle defects
Although federal law requires most commercial trucks to have rear and side underride guards installed, not every truck owner complies with these laws.
If these guards have been installed but are not properly repaired or maintained, they can cause significant accidents. Vehicle defects can contribute to the chances of a truck underride accident as well. If a truck driver is operating an overloaded vehicle, the brakes may not stop the truck on time, which can cause collisions with a smaller vehicle. Tire blowouts can also cause underride accidents.
Serious And Fatal Injuries and Underride Crashes
An underride accident is one of the most dangerous and catastrophic kinds of truck accidents in South Carolina. Debilitating or fatal injuries are common. The most common injuries associated with truck underride accidents include:
- Internal bleeding
- Broken bones
- Loss of limb
- Collapsed lung
- Fractured ribs
- Traumatic brain injuries
- Psychological trauma
- Spinal cord injuries
- Permanent disfigurement
Eligible Compensation for Underride Accident Victims
If you survive a truck underride accident, you may be eligible to recover compensation. Although you may not remember what happened to cause the accident itself, hiring a qualified attorney to evaluate the scene of the accident and determine all liable parties can put you on the path toward recovery.
A thorough accident investigation may reveal that the driver, the maker of a defective part or the employer of the truck driver are responsible for your injuries. Victims and their families must often cope with significant emotional, physical and financial impacts from a truck underride accident.
South Carolina law protects victims who have been injured due to another party’s negligent or reckless behavior. Eligible compensation includes funeral costs, medical expenses, lost wages, emotional distress and other losses tied to the accident. In order to prove negligence and receive the compensation you deserve, it is very important to take action quickly to protect your legal rights.
What if the trucking company denies liability?
Although the facts of the case might seem apparent to you, it’s not always easy to blame the other side. Many trucking companies know they’re exposed to major losses when one of their drivers causes an accident. They are experts in sending teams to the scene of an accident to assess liability and to start looking for ways to downplay their level of responsibility.
One of the best ways to set yourself up for success after a truck underride crash is to get experience on your side. Hiring the right lawyer sends a message to the other side. Your lawyer should be able to negotiate on your behalf and ensure you have the best chance at getting a full and fair recovery. If the trucking company denies liability, your attorney should make a strong case about how the accident happened and how it shaped your life.
How do I show fault in an underride accident?
Your attorney and you bear the burden of proof to show that the defendant was negligent. In order for you to succeed in recovering compensation in a truck underride accident, you must show that the other driver or company who employed them was careless and/or failed to take reasonable steps to prevent an underride accident from happening.
Your attorney may pull the evidence to support these claims from many different places, such as eyewitness testimony, police reports, medical records and any other relevant evidence to prove your case in court.
What role does insurance play in these underride crashes?
If you are not responsible for a truck accident, you have the right to open a personal injury claim with the at fault driver’s insurance company. It can be very difficult to communicate with this insurance company on your own, which is a leading reason to hire a truck accident lawyer.
If the insurance company attempts to settle for an amount that is far below the compensation you need and deserve, you and your attorney can reject this settlement and prepare for trial instead. The amount of compensation available to underride accident victims will vary based on numerous factors, such as medical costs, lost wages, the extent of damages and the likelihood of future medical care.
If You Suffered in an Underride Accident, Contact a Lawyer Now
You should not be on your own when negotiating compensation for a truck accident. It can be very overwhelming to handle the aftermath of an underride crash on your own, but a qualified lawyer will advocate for you, ensure that you are kept up to date about any important changes and communication in your case and help fight for the best possible outcome for you.
Let your legal team handle the heavy lifting so you can heal.