South Carolina Truck Driver Fatigue Accident Attorney
Commercial truck drivers often travel great distances and drive for long hours. Despite the Federal Motor Carrier Safety Administration (FMCSA)’s strict drive time regulations, many truck drivers operate their vehicles while tired. Physical and mental exhaustion can lead to delayed reaction times, mistakes, and even falling asleep at the wheel. Unfortunately, all of these can cause serious injuries and even death.
A South Carolina truck driver fatigue accident attorney at Anastopoulo Law Firm will help you take legal action if a truck accident involving a tired driver injured you or a loved one. Further, we will fully investigate your claim and leave no stone unturned in determining how the accident occurred and who is liable for it. Our goal is to hold the truck driver and other liable parties responsible for your bills. You can start a free review with us today.
We Fight for South Carolina Truck Accident Victims’ Recovery
At Anastopoulo Law Firm, we understand just how serious a truck crash is for both the victim and their family. The impact of such an accident is enormous. Because of this, we focus on fighting for the maximum recovery our clients are due. Our South Carolina truck accident attorneys are ready to help you fight for the financial recovery you seek. We have helped many clients with their injury claims for more than 25 years.
We will put our experience to work and seek the best outcome for you. Our firm has recovered millions of dollars in our clients’ injury cases, helping them get the awards they need to rebuild their lives after a devastating truck accident. You will receive personalized, compassionate legal representation when you work with us.
We Can Start on Your Case with No Legal Fees Due Up Front
Our attorneys work on contingency, which means we can start on your case without receiving payment first. We only take payment if you receive a settlement offer or a court-ordered award.
Our team will come to wherever you are to consult about your accident. We offer free initial consultations, whether you are recovering at home or in the hospital or can visit one of our South Carolina offices, located in:
- North Charleston
- Myrtle Beach
For a free legal consultation with a truck driver fatigue accidents lawyer serving South Carolina, call 803-222-2222
Recoverable Damages in a South Carolina Truck Driving Crash
Truck accident victims have a range of damages they could recover from the liable party (or parties) after a crash. Medical bills are usually the largest expenses from these accidents. However, we will have to evaluate your injuries and recovery time to determine how much compensation to seek. Your case’s value will depend on these and other factors.
Generally, truck accident victims can recover compensation for:
- Medical expenses for emergency and long-term health care
- Loss of income, benefits, bonuses, and tips
- Loss of future income if you can’t work or must work in a different role because of your injuries
- Property damage
- Physical and mental pain and suffering
- Scarring, disfigurement, or disability (temporary or permanent)
Our attorney will review all your damages to determine how much money you could recover in a settlement. We will review every loss you suffered before placing a dollar value on the case.
You May be Able to Recover Wrongful Death Damages
If you have lost a loved one in a truck crash in South Carolina, we are sincerely sorry for your loss. It is difficult to lose a loved one in such circumstances, so we want to do everything we can to help you and your family. If you want to move forward with a wrongful death action, we can help you navigate that process.
If the court awards damages to a decedent’s survivors, they usually receive compensation that helps them cover the decedent’s medical bills, funeral and burial expenses, and other monetary losses. They also may receive awards for the loss of their loved one’s financial support and their pain and suffering. We can discuss how wrongful death actions work in South Carolina during your free consultation.
South Carolina Truck Driver Fatigue Accident Lawyer Near Me 803-222-2222
How We Handle Truck Driver Fatigue Accident Cases
We take on truck accident cases to help our clients recover the damages they are due. Many people come to us for help because commercial truck accident cases are complex. Plus, it’s challenging to handle legal affairs while recovering from injuries. Hiring an attorney to represent you could be one of the smartest moves you make to protect yourself.
Our South Carolina truck driver fatigue accident attorney will manage your entire case for you from beginning to end while you focus on your recovery. If you hire our firm, we will do all the following and more for you:
- Thoroughly investigate your truck accident case to determine how it happened and if/why the driver was tired
- Gather case-supporting evidence to prove the driver’s fatigue and how the crash caused your injuries
- Name all liable parties in the accident and prove their negligence and liability
- Consult with third-party experts whose professional opinion can support your claims
- Negotiate with the liable party’s insurers for an appropriate settlement
- Prepare and file your legal action within South Carolina’s statute of limitations
- Go to trial for your financial recovery if we can’t settle with the liable party’s insurer
Leave All the Legal Work to Us
We want you to recover from your accident while we take care of everything else. We will file all essential documents and meet your case’s deadlines. Additionally, we will explain all local, federal, and state laws that apply to your case and update you regularly on all developments. You should always know what’s going on in your case.
We encourage you to reach out to us at any time to discuss your case or concerns.
You Generally Have Three Years to Sue After an S.C. Truck Accident
South Carolina limits the time you have to file a lawsuit to recover damages after an injury occurs. Per S.C. Ann. § 15-3-530, injured parties have up to three years to sue the liable party. If you miss this deadline, you won’t be able to hold the liable party responsible or seek monetary damages from them.
If you are considering taking legal action, we urge you to move quickly. Our team can take steps to protect important evidence in the trucking company’s possession that could prove your case.
Complete a Free Case Evaluation form now
Proving Liability in a Fatigued Truck Driver Crash Can Be Challenging
While it may seem obvious that a tired truck driver is liable for any accident they cause, many truck accident cases are not this simple. In fact, while truck drivers are often at least partially at fault for accidents that fatigued driving causes, they are not always the only liable party you could pursue for damages.
Additionally, in some cases, trucking companies act negligently by overlooking hours-of-service violations. In others, investigations determined that trucking companies pressured drivers into violating these regulations.
Federal Hours-of-Service Regulations
The FMCSA sets hours-of-service (HOS) rules, which dictate how long a truck driver may operate their vehicle before taking a mandatory break or rest period. These rules also designate how long a driver must remain on break or in the vehicle’s sleeper berth. In September 2020, a final rule went into effect that changed four provisions of the hours-of-service regulations.
These regulations aim to prevent commercial drivers from operating their vehicles while fatigued. Drivers must keep detailed records of their driving time and the time spent in the sleeper berth or off duty. However, if a driver feels they must drive to meet their employer’s quota or unrealistic schedule, they could falsify these records.
Our attorney will review all the evidence, which could include the truck driver’s logbook or the truck company’s records. We would review these items to see if any hours-of-service violations occurred.
Other Factors Can Lead to Fatigued Driving Among Truck Drivers
According to FMCSA data in the Large Truck Crash Causation Study (LTCCS), 13% of commercial motor vehicle drivers were tired at the time of their accident. However, working long hours and violating rest break rules are only part of the story. A truck driver may become drowsy behind the wheel based on various factors, including:
- Their diet: Heavy meals, skipping meals, or not eating scheduled meals can affect the quality of sleep someone gets. A lack of good sleep can cause tiredness and make it harder to stay alert while driving.
- Medication: Over-the-counter and prescribed medications can make drivers sleepy. These include cold-and-cough medications, sleeping pills, allergy medications, and others.
- Sleep disorders: Sleep disorders can deprive truck drivers of the rest they need to stay alert while on the road. According to a study the FMCSA co-sponsored, 28% of commercial truck drivers have mild-to-severe sleep apnea. This condition interrupts a person’s breathing while they sleep, making it hard to get quality rest.
Our attorneys will work to uncover the cause of your accident and determine if any of the factors listed above contributed to or caused the truck driver’s tiredness.
Call Us About Your S.C. Truck Driver Fatigue Accident Today
Our attorneys at Anastopoulo Law Firm are ready to review your South Carolina truck collision case. We can determine if a tired driver played a role in your or your loved one’s injuries.
Your initial case review is free. During that time, we will walk you through your legal options and advise you on the next steps. Call (800) 313-2546 to get started with a member of our team.