Columbia is a hub for transport trucks and other large commercial vehicles. Drivers of trucks often use the I-26 and Augusta Highway to transport the goods consumers in the city use every day. As trucks use these highways and interstates to make their deliveries, though, they must share the road with other drivers of smaller passenger vehicles. Most of the time, truck drivers arrive at their destination safely, and without hurting anyone else. Sadly, this is not always the case.
Truck drivers, just like other motorists, can cause an accident. However, when they are involved in a crash, victims suffer injuries that are much more severe. If you or someone you love has been involved in a truck accident, you can hold the negligent party liable. Truck accident cases are much more complex than other types of personal injury claims. Our Columbia truck accident attorney can help you overcome the challenges these cases present.
Common Causes of Truck Accidents in Columbia
Any negligent, or careless, action can cause a truck accident. There are some causes of truck accidents that are more common than others. These include:
- Traffic violations: Truck drivers owe a very high duty of care to other motorists. Ignoring traffic signs and signals, speeding, and improper lane changes are just a few of the traffic violations that can cause a truck accident
- Fatigued driving: Truck drivers spend long hours on the road and can become very tired. Fatigued driving can cause truckers to lose focus, or even fall asleep at the wheel
- Distracted driving: Truckers must manage many systems within their vehicle. They may also eat, drink, and speak to other truckers on the radio. All of these are distractions that can take a truck driver’s focus from the road and cause a crash
- Impaired driving: Many truckers believe that consuming drugs or alcohol will help them stay awake behind the wheel. Instead, they only impair a driver’s judgment and ability to control their vehicle
- Improper training: Trucking companies have a legal obligation to ensure they properly train their drivers so they have the skills and experience necessary to operate a large truck
- Improper hiring: Just as trucking companies must ensure they properly train drivers, they must also make sure they are only hiring capable drivers. Hiring inexperienced drivers, drivers with previous driving violations, or failing to conduct background checks can all result in a crash involving a truck
- Improper truck maintenance: Commercial trucks are made up of hundreds of moving parts. All of these parts must be properly inspected and maintained to prevent a dangerous truck accident
- Improperly loaded cargo: The cargo a truck carries must be securely loaded. When it is not, it can cause the entire truck to become imbalanced and make it much more difficult for the driver to control the vehicle
- Defective trucks or truck parts: Manufacturers have an obligation to ensure any truck or truck part they produce is safe and free of defects. When any part of a truck is defective, it can easily result in an accident
Determining Liability for a Truck Accident
One of the most complicated aspects of any truck accident claim is determining who is liable, or at fault, for the crash. Unlike in other auto accidents that involve two or more passenger vehicles, there are many potentially liable parties for a truck accident. They are as follows:
- The truck driver: It is natural to assume that truck drivers are at fault for all truck accidents, but that is not the case. However, when truck drivers act negligently by speeding, driving while impaired, or otherwise not properly operating their vehicle, they can be held liable
- The trucking company: Trucking companies have a legal obligation to ensure they are hiring competent, capable, and experienced truck drivers. They also have a duty to make sure their trucks are regularly inspected and maintained. When the trucking company fails in any of these regards, it can be held liable for a crash. Trucking companies can also be held vicariously liable for the actions of their employees, including truck drivers
- Shipping companies: Companies who ship products have a legal duty to warn trucking companies, truck drivers, and any other hazards the cargo contains. When they fail to do this, they may be responsible for paying damages
- Inspection and maintenance companies: Inspection and maintenance companies are required to perform their duties properly. When they fail to notice or correct a problem, they may be at fault for a crash
- Government entities: When a road condition, such as poor design or potholes that were not repaired causes a crash, the government entity responsible for maintaining that road can be held liable
How Do Truck Accidents Differ from Car Crashes?
The fact that a truck accident may involve multiple liable parties is one way in which these crashes differ from other auto accidents. There are others as well, though. These include:
- Severity of injuries: Transport trucks can weigh up to 80,000 pounds when they are fully loaded. The force of that weight in a crash will cause injuries that are much more serious than an accident involving two passenger vehicles. When a truck is traveling at a high speed, the injuries will be even more serious. It is not uncommon for a truck accident to cause catastrophic injuries or even death
- Different laws: When two passenger vehicles are involved in a crash, state law typically applies to the case. When a transport truck is involved in a crash, however, state and federal laws will apply. For example, truck drivers and trucking companies have a duty to comply with the federal hours of service rule, which limits the amount of time a driver may stay on the road at one time
- Larger insurance policies: The insurance policies trucking companies and truck drivers carry are much larger than what is required of drivers of passenger vehicles. While this is good news for accident victims, as they may be able to obtain more compensation, it also presents a challenge. Due to the large amount of damages available in a truck accident case, liable parties are even more likely to defend their case aggressively, trying to deny victims the full compensation they need
- Complicated investigations: All auto accidents require a thorough investigation, but this is also more complicated in truck accident cases. These investigations require the black box to be obtained, log books to be analyzed, and more. These are all very difficult for accident victims to obtain on their own. A Columbia truck accident lawyer can subpoena these items to give you the best chance of obtaining the maximum damages you deserve
It is critical to work with a truck accident lawyer in Columbia after any crash with a commercial vehicle. These claims are much more complex than other types of auto accidents and without legal advice, the compensation you are entitled to could be in jeopardy.
Call Our Truck Accident Attorney in Columbia for a Free Consultation
Truck accidents cause some of the most severe injuries and afterwards, you will face a complex claims process. At McCravy, Newlon, Sturkie, & Clardy, our Columbia truck accident attorney can handle the legal details of your case while you focus on making a full recovery. Call us today at 866-MCCRAVY or contact us online to schedule a free consultation with one of our experienced attorneys and to learn more about how we can help.