Losing a loved one in a truck accident can be a devastating experience. You’ll wonder what you can do. You can pursue a wrongful death case against negligent parties responsible for the truck collision. In South Carolina, the victim’s close relatives, such as parents, children, and spouse, can file and benefit from the case.
If your family has been impacted by a fatal truck accident in South Carolina, contact our attorneys at the Elrod Pope Law Firm to review your case and file for wrongful death.
Types of Truck Accidents
- Rollover accidents: Trucks have a higher center of gravity, increasing their chances of flipping and rolling in one wrong turn. These accidents can be deadly for other road users in proximity.
- Jackknife accidents: These occur when a truck driver makes improper maneuvers causing the truck to swing to the side, which can strike nearby vehicles.
- Head-on accidents: Perhaps the most dangerous type of fatal truck accident, head-on collision can happen when the driver loses control of the tractor trailer and drifts into oncoming traffic.
Contributing Factors to Wrongful Death Truck Accidents
Car accidents are frequent in South Carolina, and most accidents have similar contributing factors.
Here are the most common causes of fatal truck accidents.
Speeding
Time is money—it is especially true in the trucking industry. Unreasonable delivery demands and deadlines can push drivers to speed and meet the delivery time. Given the size and weight of commercial trucks, speed is undoubtedly a contributor to serious accidents.
Driver fatigue
Truck drivers driving over long periods increase the risk of being involved in fatigue-related accidents. Drivers also have pressure to deliver items on time and may travel long distances without breaks.
A tired driver may sleep at the wheel. Trucking companies and drivers who do not follow the set rules on rest periods may be held liable for fatal accidents that occur due to fatigue.
Driving under the influence (DUI)
Truck drivers driving under the influence put the life of the truck driver and other drivers at risk.
Poor truck maintenance
Trucking companies have the responsibility of regular truck maintenance to ensure road safety. However, in a bid to save money, most companies fail to conduct routine inspections. The result is worn-out tires that can be life-threatening. The lack of maintenance inspection also means that some defective parts may not be identified on time.
Distracted driving
It only takes a few seconds of keeping eyes off the road for an accident to occur. Common reasons for distracted driving include changing the music, eating, and using the phone. All these distractions can make the driver lose focus on the road, leading to a fatal accident.
Improper cargo loading
There is a limit on the cargo load limit for trucks. Improperly loaded cargo can fall into the road or make the truck trip over. A cargo with hazardous material can lead to catastrophic consequences when it is spread on the road. When an accident occurs due to improper cargo loading, the driver, trucking company, or cargo loading company can all be held liable.
Who May be Held Liable for a Fatal Truck Accident?
The liability for wrongful death can be anyone who led to the loss of your loved one. There are multiple people who may be held liable for truck accident wrongful death claims.
They include:
- The trucking company
- The truck driver
- The truck owner
- Cargo loader
- Trucking maintenance company
Your attorney will help you determine who is liable for the truck accident and negotiate with the at-fault party’s insurance company on your behalf.
Getting Compensation after the Wrongful Death Claim
If you have lost a loved one in a truck accident, we understand that you are going through a tough time. We are committed to helping you seek justice for a wrongful death claim. Even though no amount of money can bring back your loved one, filing a wrongful death claim allows you to get compensation for the loss of financial support.
You can seek compensation for the following damages.
- Medical expenses: They include all expenses your loved one incurred before passing.
- Loss of companionship: You’ll be entitled to compensation for loss of companionship as the spouse or family member.
- Pain and suffering: You can get compensation for mental anguish and emotional distress.
- Lost earnings: You are entitled to compensation for lost wages if your loved one was working.
- Funeral expenses
Contact Our Attorneys in South Carolina About a Fatal Truck Accident
Have you lost a loved one due to a wrongful death truck accident? You can file a wrongful death claim with the help of knowledgeable South Carolina truck accident attorneys.
Elrod Pope Law Firm is experienced in fatal truck accident cases and is ready to help you from the start to the end of your settlement. We offer free consultations in Lake Wylie, Fort Mill, and Rock Hill. Get in touch with us today.
Wrongful Death Case FAQs
Who files for the wrongful death lawsuit?
The relatives of the decedent can file a lawsuit. They include the spouse, children, dependent stepchildren, dependent parents, parents, and grandparents.
How much can I get from a wrongful death claim?
The amount of compensation you get depends on numerous factors, such as the deceased’s income, the deceased’s life expectancy, whether the deceased was married, and other factor
