Myrtle Beach Truck Rollover Accident Lawyer
If you sustained injuries in a rollover truck accident in Myrtle Beach, you should hire Law Office of William J. Luse, Inc. Accident & Injury Lawyers to represent you in your case. A collision between a commercial truck and a passenger car can have catastrophic consequences. The occupants of the smaller vehicle are likely to suffer life-threatening injuries or death. You have the right to hold the truck driver accountable for their actions, and we can help.
The Myrtle Beach truck accident lawyer of Law Office of William J. Luse, Inc. Accident & Injury Lawyers knows how devastating it can be when you get hurt because of another person’s negligence or carelessness. You shouldn’t be financially responsible for your medical bills and other expenses when someone else was at fault for the crash. Generally, the party that caused the accident becomes liable for the victim’s losses, including their lost wages, medical treatment, and physical pain. We can take on the responsibility of your case for you and protect your rights so that you get the compensation you deserve.
Learn more about our legal services during a free consultation by calling Law Office of William J. Luse, Inc. Accident & Injury Lawyers at (843) 839-4795 today.
Common Causes of Rollover Accidents Involving Large Trucks
Tractor-trailers and other similar vehicles are long, high off the ground, heavy, and bulky. They have a high center of gravity, making it easier for the entire truck to tip onto its side or roll over in an accident. If the trucker slams on their brakes or loses control of the vehicle, the sudden change in momentum could lift some of the truck’s tires off the ground.
Typically, rollover truck accidents are the result of driver inattention or error. The safe operation of these massive vehicles requires drivers with experience, skill, and focus. Weaving an 80,000-pound tractor-trailer through traffic can be challenging, especially if adverse conditions or road hazards are present. The trucker must pay careful attention to every move they make and follow all traffic laws. Any mistake on their part could lead to a devastating collision.
The most common causes of rollover truck accidents are:
- Turning too fast
- Driving recklessly in adverse road or weather conditions
- Distracted driving
- Improper or sudden braking
- Making an abrupt maneuver
- Fatigued driving
- Overloaded or poorly loaded cargo
Many times, “tripping” is responsible for single-vehicle rollover accidents. This event occurs when a vehicle collides with an object that causes the tires to lift off the ground. Unfortunately, smaller cars become involved if they’re in the path of the out-of-control truck. The occupants of those vehicles often suffer crush injuries, such as shattered bones, after becoming trapped under the weight of the tractor-trailer.
Common objects that can “trip” a commercial truck include:
- Large potholes
- Speed bumps
- Hazards in the road
You deserve the opportunity to pursue compensation from the at-fault truck driver or trucking company for the harm you suffered. Someone else’s actions led to the crash, and they should be forced to pay. You shouldn’t suffer the consequences of this devastating ordeal when another party made the dangerous decision to do something that directly contributed to the accident.
The Myrtle Beach truck rollover accident lawyer from Law Office of William J. Luse, Inc. Accident & Injury Lawyers will fight by your side for justice until the very end.
Common Injuries Associated with Truck Accidents
Passenger cars and SUVs are much smaller than commercial trucks. When the two crash into each other, the smaller vehicle occupants are usually the ones that end up suffering more than the truck driver. According to statistics from 2019, 4,119 people died in accidents involving a commercial truck. Of those fatalities, only 16% were truck occupants, while 67% were the occupants of passenger cars.
Rollover accidents are among the most fatal types of accident you could be involved in. Due to a tractor-trailer’s weight and size, injured victims could sustain physical harm from the initial impact of the vehicles and additional injuries from the truck rolling over or flying debris. The most common injuries include:
- Broken bones
- Concussion, whiplash, or traumatic brain injury
- Cuts and burns
- Crush injuries
- Spinal cord injury
- Psychological harm
- Significant disfigurement
- Internal damage
- Permanent disability
- Back and neck injuries
Serious injuries involving the neck, back, or head could result in permanent and irreversible damage. Some people don’t recover from rollover truck accidents and require ongoing medical treatment or daily assistance for the remainder of their lives. The medical bills you incur could lead to debt if you can’t afford them. Law Office of William J. Luse, Inc. Accident & Injury Lawyers knows the stress you’re under and wants to help you secure the maximum available compensation, so you’re not forced to pay for anything yourself.
Holding the Truck Driver Liable After a Rollover Accident
If you suffered injuries in an accident with a large truck, you probably require medical treatment to heal. The expenses you incur should not be your responsibility if there’s evidence that the truck driver or trucking company was at fault. South Carolina uses a traditional fault system, meaning the party that causes an accident becomes financially liable for the victim’s injuries and losses.
Your first option for seeking compensation is through an insurance claim. Trucking companies must purchase liability insurance with minimum coverages based on the federal requirements listed below:
- $300,000 – Vehicles under 10,001 pounds and transporting non-hazardous items
- $750,000 – Trucks weighing over 10,000 pounds and carrying non-hazardous cargo
- $1 million to $5 million – Oil and other hazardous freight
When you file a claim with the trucking company’s liability insurance company, you could pursue compensation to cover the various losses you suffered. Some of these losses might include:
- Medical expenses – Hospitalization, physical therapy, prescription medication, out-of-pocket expenses, and other costs associated with past and future treatment
- Lost wages – Wages you can’t earn because your injury keeps you out of work or prevents you from making the same amount of money you did before the accident
- Lost earning capacity – Income you won’t be able to earn in the future due to chronic pain, permanent disability, or other factors
- Property damage – Cost of repairs or replacement of your car or personal property damaged during the crash
- Pain and suffering – The physical pain and suffering you experienced from the rollover accident and your injuries
- Emotional distress – Mental and emotional anguish, such as anxiety, fear of driving, and post-traumatic stress disorder
- Physical impairment or disfigurement – Permanent or significant scarring, injury, or a condition that alters your physical appearance or interferes with your functional capacity
- Loss of consortium – Impact of the accident on a spouse
You also have the option of filing a lawsuit. Many people choose to sue the truck driver or trucking company if the insurance company denies their claim or refuses to negotiate for an adequate settlement. You must obey the statute of limitations, a strict timeframe for initiating legal action in civil court. South Carolina has a three-year statute of limitations. You must file suit within three years of the crash date, or you could lose your right to hold the at-fault party liable in court.
Other than seeking compensation for your total losses, you might also be entitled to punitive damages. An award of punitive damages is meant to punish the defendant for their misconduct instead of compensating you for your losses. According to South Carolina code 15-32-520, you must provide clear and convincing evidence that the defendant acted with wanton, willful, or reckless conduct for a jury to issue this financial award.
South Carolina Wrongful Death Laws
If you lost a loved one in a truck rollover accident, you might be able to file a lawsuit for compensation for the losses you and your family suffered. South Carolina defines wrongful death as a death that results from someone else’s wrongful act, default, or neglect.
Only the named personal representative of the deceased’s estate can pursue this type of case. Typically, it’s a close relative, such as a spouse or child. If there isn’t an estate plan or the representative can’t or won’t fulfill their duties, the court can appoint an administrator or executor.
Despite the personal representative being the one to file the lawsuit, they must consider the interests of any surviving family members, such as:
- Spouse and children
- Heirs at law
Many people don’t realize the fundamental difference between a civil case and a criminal case. If you press criminal charges against the truck driver, the penalty they face could include fines, imprisonment, community service, and other forms of punishment. However, when you file a civil lawsuit, such as a wrongful death suit, you’re seeking a monetary award.
The various losses you can pursue in a wrongful death lawsuit are:
- Lost wages and benefits
- Funeral and burial costs
- Loss of the companionship, protection, and care the deceased provided
- Medical bills and associated expenses due to the deceased’s fatal injury
- Property damage related to the accident
- Pain, suffering, and emotional anguish surviving family members endured
- Loss of the deceased’s knowledge, judgment, and experience
You must follow the three-year statute of limitations if you want to recover compensation from the truck driver or trucking company for your loved one’s death. The timeframe would begin on the date they actually died instead of the accident date if the two differ.
The Myrtle Beach truck rollover accident lawyer of Law Office of William J. Luse, Inc. Accident & Injury Lawyers will provide the personalized services and attention you need and deserve. We understand the uphill battle you’re facing and the overwhelming stress you must feel. You can depend on our legal team to handle every step of your claim or case from start to finish so you can focus on recovering from your injuries.
If you suffered injuries in a rollover truck accident and want to discuss your case with a dedicated and compassionate lawyer, call Law Office of William J. Luse, Inc. Accident & Injury Lawyers at (843) 839-4795 now. We can review all the circumstances of your accident during a free consultation and determine the best legal options to secure a favorable outcome for you.