Myrtle Beach Inclement Weather Truck Accident Attorney
If you or a loved one have been injured or killed in an accident involving a truck and inclement weather, you may be entitled to compensation. Poor weather conditions are not an excuse for anyone to cause an accident, especially not a trained commercial truck driver. Professional drivers are instructed to slow down and use extra caution during incidents of bad weather. They should be knowledgeable and responsible enough to exit the road when conditions become too hazardous for a large truck to safely operate.
Unfortunately, truck drivers do not always use their best judgment when it comes to prioritizing safety. Whether because of company pressure or because of a desire to earn more money by speeding on their routes, safety can often be the last concern for truck drivers and their employers. When they ignore safety, especially in bad weather, other motorists and pedestrians are put at serious risk.
At the Law Office of William J. Luse, we are well-versed in all the rules and regulations that govern truck drivers and their companies. We have handled many cases involving trucking accidents and can help you in your time of need. Trucking companies employ aggressive teams of lawyers to shield themselves and their drivers from any fault.
They will likely engage in coercive tactics in an attempt to force you to take the blame or to accept an unfair settlement offer. Our experienced and empathetic team knows the pain you and your loved ones have endured and we are here to help. To discuss your legal options, call us today at (843) 839-4795 or fill out our online contact form.
Why Do I Need A Lawyer After Being Involve in A Truck Accident?
Accidents involving commercial truck drivers or government truck drivers can lead to enormously complicated legal battles. Whether your case is against a private driver or government truck driver, you are going to face unique challenges in your lawsuit.
Commercial truckers are protected by large corporations with deep pockets and teams of lawyers. Government truck drivers are protected by a lot of red tape and many regulations that make bringing a lawsuit against them complex.
Trying to navigate these hurdles while you recover from what are likely serious injuries is almost impossible. You should immediately hire a seasoned attorney to help ensure that you receive a favorable outcome.
Your legal representative can advocate for you on many fronts. A lawyer can handle all the logistics of your case including gathering evidence, meeting filing deadlines, and communicating on your behalf. This protects you from harassment or bullying by defense lawyers who want to settle for less than you deserve or who want to shield their clients from blame.
Additionally, your attorney can help with your physical, mental, and emotional recovery while they build your case. An experienced firm has many resources to help their clients. Your lawyer can direct you to doctors, counselors, and other care professionals who can promote your healing.
Why Should I Choose the Law Office of William J. Luse?
At the Law Office of William J. Luse, we are deeply invested in our commitment to defend the rights of our neighbors here in Myrtle Beach and Marion. Our goal is to serve those who have been injured by negligent parties in any way we can. Our team can build a strong case on your behalf to help you recover full and fair compensation for your truck accident. We believe that no one should suffer financial hardship after being injured through no fault of their own. The Law Office of William J. Luse will stand up to powerful trucking companies in fighting for the rights of our clients. You may be injured, afraid, and stressed, but you are not alone. The Law Office of William J. Luse will fight for you.
At the Law Office of William J. Luse, we are regular people just like you. We know how disruptive a serious trucking accident can be. You are likely facing injuries, a damaged vehicle, emotional trauma, financial stress, and more. We can empathize with your pain because we will treat you like a member of our family as we work to help you recover holistically.
We are a small firm with big firm grit, which means that you will get the individualized care you deserve while you will have access to the vast resources that you need to have a successful case.
Our approach is to offer aggressive representation that won’t break the bank. We work on a contingency fee basis meaning we won’t charge you unless we recover on your behalf. We are in the business of protecting rights, not profiting from pain.
Regulations for Truck Drivers in Poor Weather
Because of the size and weight of their vehicles, truck drivers are held to high standards and are very tightly regulated with regard to driving through inclement weather. Truckers are mandated by Federal Motor Carrier Safety Administration’s regulation 392.14 to exercise extreme caution during bad weather events. This regulation is supposed to ensure that truckers exit the roads when conditions are unsafe.
There are a variety of reasons why truckers might ignore this regulation, but when they do the consequences can be deadly. If the trucking company or truck driver claims that poor weather caused the accident, this means safety regulations were ignored and implies negligence. Specific guidelines for weather conditions include:
- Fog: Due to low-visibility, driving should be suspended during heavy fog
- Winter: If roads have become too slippery, trucks should not be on the road at all
- Wet roads: Operate at slower speeds and test brakes to ensure safe operation
If you or a loved one have been injured or killed by a truck driver who was operating under these conditions, you may be entitled to significant financial compensation.
How Long Do I Have to File a Claim?
South Carolina has more generous time limits for injured victims to file claims when compared with other states. However, you should still contact an attorney as soon as possible if you or a loved one has been injured or killed in a truck accident that happened in bad weather. The sooner you begin working with a lawyer, the stronger your case will likely be. If you have been injured by a truck driver, the statute of limitations to file a suit is:
- Three years from the injury date to file a civil suit if the defendant is a commercial driver
- Two years from the injury date to file a suit if the truck driver is an employee of a government entity
If you have been injured, get experienced legal counsel as soon as you are able to begin your pursuit of justice.
What Compensation Might I Recover from a Truck Accident Injury Lawsuit?
A truck accident can lead to significant injuries or death and substantial property damage. You may be severely injured and are facing many financial, physical, emotional, and mental losses. Obtaining compensation is vital in overcoming these obstacles. No amount of money can ever erase your pain, but it can help you deal with mounting medical bills, time off of work, and other financial stressors. At the Law Office of William J. Luse, we will fight to help you recover the compensation you and your loved ones deserve, including:
- Current or future medical bills
- Lost wages
- Physical disability
- Permanent impairment
- Pain and suffering
- Property damage
With the compensation you are entitled to, you can focus on recovering from your injuries with peace of mind.
What if I am Partially Responsible for My Injury?
Courts here in South Carolina follow rules of modified comparative negligence, which account for gray areas of fault. What this means is that if you believe you have contributed to your own accident, your hope of recovering compensation is not lost. The courts will assess the accident and assign each party involved a percentage of the fault. The compensation you recover is tied to your assigned percentage. So, if the court decides you are 10% at fault, you can recover up to 90% of the potential compensation. If you are ruled to be more than 50% at fault, you cannot file a suit in South Carolina.
What if My Truck Accident Involves a Government Employee or Truck?
Your truck accident may have been caused by a state or local government employee. If the truck driver was driving in poor weather conditions and involved you in an accident that caused your injuries, you can file a suit, but the rules and regulations are much different than a traditional civil suit.
Suing a truck driver who is a government employee often requires written notice and approval from the governmental body responsible for overseeing the employee. The logistics of such a lawsuit can be overwhelming. Consult with a veteran truck accident attorney for the best outcome.
Contact a Myrtle Beach Truck Accident Lawyer today
If you or a loved one have been injured or killed by a truck driver who was operating in inclement weather, you deserve financial compensation. Truck drivers can’t use bad weather as an excuse for causing an accident. If bad weather played a role in your truck accident, the truck driver is likely at fault and should be held liable for the injuries and damage they caused. To consult with a South Carolina truck accident attorney, call us today at (843) 839-4795 or fill out our online contact form.