Bamberg Overloaded Truck Accident Attorney
Commercial trucks are critical to commerce in Bamberg and throughout South Carolina, but sharing the road with these massive vehicles comes with significant risks. Recognizing this danger, federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA) limit how much commercial vehicles can weigh to operate on highways and city streets. South Carolina law also sets weight limits for trucks based on the number of axles and the type of tires they are equipped with.
Were you hurt in an accident with an overloaded truck? Injured victims may be entitled to compensation under South Carolina personal injury laws, but trucking companies and their insurers don’t like to pay without a fight. Hiring skilled legal representation can level the playing field and improve the likelihood of your case being treated fairly.
Talk to the overloaded truck accident attorneys at Wilson Law Group, LLC. With over 30 years of combined experience, our attorneys are dedicated advocates with proven case results, including numerous six-figure settlements for truck accident victims. Call or contact our law office today for a free consultation.
Understanding Overloaded Truck Accidents
The trucking industry is strictly regulated on both the federal and state levels. One key element of these regulations is the cargo loading rules. Trucks are restricted in how much cargo they can hold at once to prevent overloading.
An overloaded truck can be hazardous to everyone on the road. Overweight trucks are more likely to tip over or lose control when they carry too much cargo. The situation becomes even more dangerous in communities like Bamberg, where rural roadways and tight intersections aren’t designed to handle the excessive weight of overloaded trucks.
Common Causes of Overloaded Truck Crashes
Several factors contribute to overloaded truck accidents in Bamberg, including:
- Improperly secured cargo: Unsecured or unevenly distributed freight can cause cargo imbalances that increase the risk of semi-truck accidents. Cargo loading companies are hired to mitigate this risk and can be held liable if they violate federal and state standards.
- Exceeding weight limits: Tractor-trailers carrying cargo that exceeds weight restrictions place significant strain on brakes, tires, and suspension systems, sometimes leading to critical failures and tire blowouts.
- Truck company negligence: Motor carriers that prioritize profits over safety may ignore safety regulations regarding weight limits or misrepresent the type of load the truck is carrying to skip inspections. These negligent actions can directly or indirectly contribute to truck accidents in South Carolina.
Who Can Be Held Liable in an Overloaded Truck Accident?
Liability in truck accidents can fall on multiple parties, including:
- Cargo loaders
- Maintenance providers
- The truck company
- The truck driver
Whether negligent hiring practices, intentional cargo loading violations, improperly loaded cargo, or lack of maintenance caused the accident, an overloaded truck accident lawyer from our firm can identify all liable parties and build a strong case to hold them accountable for your injuries.
Types of Injuries from Overloaded Truck Accidents
Overloaded truck accidents can result in severe injuries. Some of the most common injuries our Bamberg attorneys see include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Internal organ damage
- Broken bones
- Burns
- Cuts and lacerations
- Emotional trauma, such as anxiety and PTSD
An experienced truck accident attorney can work with medical and financial experts to assess the full extent and impact of your injuries and advocate for maximum compensation on your behalf.
Damages for Truck Accident Victims
Compensation for overloaded truck accident victims can include money for losses like:
- Current and future medical expenses
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
If you lost a loved one in an overloaded truck accident, you may have a valid wrongful death claim. Compensation for wrongful death claims can include money for funeral and burial expenses, loss of companionship and guidance, and loss of financial support.
Steps to Take After an Overloaded Truck Accident in Bamberg
Protecting your safety and your legal rights after an overloaded truck accident in Bamberg requires swift action. Be sure to:
- Report the crash: The police will create a report containing key information about the truck accident that can be critical for pursuing compensation. Obtain an official copy once it’s ready.
- Seek medical attention: Even if you feel fine, it’s critical to see a doctor right away. Prompt medical attention prevents hidden injuries from going undiagnosed or untreated. It also creates a link between the truck accident and your injuries.
- Document the accident scene: If your injuries allow, take photos and videos of vehicle damage, accident debris, skid marks, traffic signs and signals, road and weather conditions, and visible injuries. Gather the names and contact information of any witnesses.
- Contact a Bamberg truck accident lawyer: A knowledgeable overloaded truck accident lawyer can begin investigating your case right away so that vital evidence gets preserved.
How a Bamberg Truck Accident Attorney Can Help You
No law requires you to hire a personal injury lawyer after a truck crash, but at Wilson Law Group, LLC, we highly recommend it. Truck accident cases differ dramatically from the average car accident claim. Having someone who understands the nuances of South Carolina and federal trucking laws is crucial to building a legal claim that withstands challenges from truck companies, insurers, and their defense lawyers.
The right legal representation can also uncover all potentially liable parties so you don’t miss an opportunity to seek compensation from everyone at fault.
Our law firm can help by:
- Investigating the crash: We’ll gather the police report, analyze drivers’ logs and maintenance records, obtain black box data and dashcam footage, and interview witnesses to identify the negligent party(s).
- Proving liability: Our team will work with medical, financial, and accident reconstruction experts to connect your injuries to the truck accident, establish the at-fault party’s liability, and demonstrate why you deserve full and fair compensation.
- Negotiating with insurers: When the insurance company attempts to minimize your payout, we’ll fight back and advocate aggressively for the money you deserve.
- Protecting your rights: From filing legal documents to representing you in court, we’ll advocate for your best interests throughout the claims process.
Frequently Asked Questions
Here are some common questions clients ask our overloaded truck accident attorneys:
How can I tell if a truck was overloaded in my accident?
Two common indicators of an overloaded truck include visible sagging of the suspension and cargo spillage or shifting. However, you will need more substantial evidence than that to prove your claim. Our attorneys can obtain weigh station and cargo loading documentation and work with experts to confirm overloading when building your case.
How long do I have to file a truck accident lawsuit?
Under South Carolina law, you generally have three years from the date of the accident to file a truck accident lawsuit. Missing this deadline could result in losing your right to pursue compensation, and some exceptions may shorten the time available to take legal action. That’s why it’s critical to contact an overloaded truck accident law firm as soon as possible.
Will my case go to trial?
It depends on the specifics of the case. Most truck accident cases settle out of court. However, if the insurance company won’t offer a fair settlement, our attorneys may recommend filing a truck accident lawsuit and taking your claim to court.
Get Legal Help After an Overloaded Truck Accident in Bamberg
If you suffered injuries in an overloaded truck accident, the truck accident lawyers at Wilson Law Group, LLC are ready to help. Our law firm offers compassion, critical support, and tenacious representation for accident victims seeking justice. Contact us today for your free initial consultation.