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The aftermath of any vehicle accident can be scary, overwhelming, and confusing. This is especially true if you were hit by a commercial vehicle. Oftentimes, these cases require more intense investigations, include multiple parties, involve complex regulations, and result in expensive injuries and damages.
As South Carolina truck accident attorneys, we’re here to guide you through the legal process. With decades of combined experience, millions in compensation recovered, and hundreds of 5-star reviews, you can trust our team to have your back. We fight to get you the best outcome possible for your case and future. Simply call our office at (803) 888-2200 to speak with a reputable commercial vehicle accident attorney today at no cost.
What Qualifies as a Commercial Motor Vehicle?
First, it’s important to understand what a commercial vehicle is. The Federal Motor Carrier Safety Administration (FMCSA) outlines differences between CMVs and non-CMVs based on weight and uses. Generally, a commercial motor vehicle (CMV) is any vehicle that is used for business purposes, such as for transporting goods, services, or passengers. These vehicles can range from small vans to large trucks, and commonly include:
- Delivery trucks
- Semi-trucks,
- Dump trucks,
- Delivery vans,
- Passenger vans,
- School buses,
- Taxis,
- Tow trucks,
- Construction trucks,
- Food trucks, and more.
What Should You Do After Being Hit by a Commercial Vehicle?
If you’re able to follow these steps alone or with assistance from someone at the scene, they can help keep you safe and protect you down the line.
1. Get To a Safe Location
If you are still able to drive your vehicle and have minor injuries, you should move your car to the side of the road. Before doing that, and if it can be done safely, take photos of the accident scene immediately following the wreck.
If your vehicle is no longer drivable, get yourself to safety. If the accident resulted in serious injuries or death, or it is too unsafe to move the vehicles, leave them where they are while waiting for law enforcement.
2. Call 911
Following a commercial car accident, it’s important that you or someone at the scene calls 911 so you can report the accident and seek medical assistance.
Remember, your safety is the top priority. Even if you feel okay, you should seek medical attention. There are many reasons for this – your adrenaline can mask serious injuries and symptoms, many injuries have delayed symptoms that can take days or even weeks to appear, and seeking professional care can ensure injuries are diagnosed and treated as soon as possible.
If you did not get a medical evaluation at the scene, you should visit your doctor within 24-48 hours to rule out any delayed or “silent” injuries such as internal injuries, brain injuries, spinal injuries, whiplash, and other injuries. This helps ensure your safety and helps your lawyer prove the connection between the accident and your resulting injuries, a critical part of all personal injury cases.
3. Collect Important Evidence
Take photos and/or videos of the accident scene, location, vehicles involved, injuries, damages, and note weather and road conditions.
In addition, collect contact and insurance information for the driver(s) involved. If available, also collect witness contact information for use later on.
Your lawyer will conduct a thorough investigation into the accident scene and request evidence such as security footage, black box data, driver logs and reports, dash cam footage, and more.
Speak To a Truck Accident Attorney
An experienced commercial truck accident attorney will help you by taking the complicated legal process off of you. Your focus should be on healing. A qualified attorney can handle the commercial company and insurance company communication, discovery process, negotiations, prove liability, optimize your claim, and handle all of the other legal burdens.
Cavanaugh & Thickens, LLC Notable Case Results
How Can You Prove Liability in Commercial Vehicle Accidents?
The process for recovering compensation after a commercial vehicle accident remains the same. You must prove, pursuant to South Carolina law, that:
- The at-fault party owed you a duty of care,
- They failed to uphold that duty of care,
- And that failure directly caused the accident, your injuries, and your damages.
However, we’ve seen many times that multiple parties can be held at-fault for an accident involving a commercial truck or vehicle, such as:
- The truck driver
- The trucking company
- The owner of the trailer
- Vehicle manufacturers
- The people who loaded the truck
- Maintenance companies
- And more.
This is one of the many reasons it’s critical to hire an attorney who is well–versed in trucking accident law specifically. On top of investigating the multiple potential parties at-fault, your attorney must understand the different federal and state regulations that apply to commercial liability cases.
If you have any questions or believe you have a commercial liability case, our award-winning commercial vehicle accident attorneys are here to help. Simply call our office at (803) 888-2200 to speak with a reputable injury attorney today.
What Happens When a Company Truck Hits You
One of the most important things to do following an accident with a company truck is contacting a lawyer. With decades of combined experience handling these claims, we’ve seen first hand that trucking companies don’t make the process easy for you. A lawyer will help ensure all critical evidence – such as footage, driver logs, and driving records – are not lost or destroyed.
What Is the Process of a Truck Accident Investigation?
The general process following a commercial vehicle accident includes:
- Investigation – Your attorney will conduct a thorough investigation into your accident, obtaining key documents and evidence, reviewing medical records, analyzing the police report, interviewing witnesses, and much more to optimize your claim and prove negligence.
- Treatment – While your legal team completes the investigation, you can put your time and energy into what matters most: healing.
- Demand Package – Before negotiations begin, our office typically sends a “demand package” to the insurance company to start the negotiations process.
- Negotiations – We will first use our vast experience, training, and resources to negotiate with the insurance company on your behalf in an attempt to come to a fair resolution. If we can come to a fair agreement where all parties, including you, agree to resolve the case, then your case settles. If not…
- Trial – Our team will prepare your case for trial and represent you in court, fighting to ensure you get the entirety of what you deserve.
While many cases settle outside of court through the settlement process, we are constantly preparing your case for trial should the insurance company not agree to give you what you deserve.
Speak to a Commercial Vehicle Accident Lawyer Now
Ensure your rights are protected and that you don’t miss the deadline for compensation! Reach out to our South Carolina personal injury attorneys today for a free case evaluation directly with a commercial vehicle accident attorney by calling (803) 888-2200 or submitting our secure online form. We’re here and happy to help.
With offices in Columbia and Charleston, our lawyers travel to and represent clients throughout the state of South Carolina.
Disclaimer: This article is presented for informational purposes only and is not legal advice.
Author – William H. Yarborough, Jr
My name is Will Yarborough, and I am a partner and personal injury attorney at Cavanaugh & Thickens, LLC. My practice primarily focuses on car and truck accident cases, and I represent injured people across the state of South Carolina.
I’m committed to ensuring that every single client gets the compensation and justice they deserve following serious and unexpected accidents.
You don’t have to go through the aftermath of an accident on your own. If you have any questions about the information in this article or are interested in becoming a client at Cavanaugh & Thickens, LLC, give me a call today. I’d be honored to help.
