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Truck Accident Lawyer in South Carolina: How to Handle Override Collisions and Maximize Your Compensation


Understanding Override Collisions in South Carolina



🚛 What is an Override Collision?
An override collision occurs when a large truck runs over a smaller vehicle, often trapping it underneath. These accidents typically result in severe injuries or fatalities due to the force and weight of the truck.

⚖️ Legal Considerations in South Carolina
South Carolina follows a comparative negligence rule, meaning that victims can recover compensation if they are less than 51% at fault for the accident. This makes it crucial to establish liability with strong evidence.

Common Causes of Truck Override Accidents



🚨 Driver Negligence
- Speeding and reckless driving
- Distracted driving (e.g., texting, eating)
- Driving under the influence of drugs or alcohol

💡 Poor Vehicle Maintenance
- Faulty brakes or worn-out tires
- Malfunctioning safety features
- Poor lighting making smaller vehicles harder to see

📍 Road and Weather Conditions
- Slippery roads from rain or ice
- Poorly maintained highways or construction zones
- Low visibility due to fog or heavy rain

Steps to Take Immediately After an Override Collision



📞 Call 911
Report the accident immediately. Ensure police and medical personnel arrive to assess injuries and document the scene.

📸 Gather Evidence
Take pictures of the vehicles, skid marks, debris, road conditions, and traffic signals. Videos can also be powerful in supporting your claim.

👀 Obtain Witness Statements
If possible, collect names and contact information of witnesses. Their testimonies can be valuable for proving liability.

📝 Seek Medical Attention
Even if you feel fine, get checked by a doctor. Some injuries, like internal trauma or concussions, may not be immediately apparent.

💼 Consult a Truck Accident Lawyer
A South Carolina truck accident lawyer can guide you through legal complexities and help gather crucial evidence for your case.

Determining Liability in a Truck Override Collision



⚖️ Possible Liable Parties
- 🏢 Trucking Company – If they failed to maintain the vehicle or pressured the driver into unsafe practices.
- 🚚 Truck Driver – If they were negligent due to fatigue, distraction, or reckless driving.
- 🔧 Maintenance Provider – If faulty repairs or lack of upkeep contributed to the accident.
- 🏗️ Government Entities – If poor road conditions played a significant role in the crash.

🔬 Proving Negligence
Your attorney will work to establish:
1. The responsible party had a duty of care.
2. That duty was breached due to negligence.
3. The breach directly caused the accident and your injuries.

Types of Compensation You May Be Entitled To



💰 Economic Damages (Quantifiable losses)
- Medical expenses (hospitalization, surgeries, medications)
- Lost wages if you're unable to work
- Property damage repair or replacement

🤕 Non-Economic Damages (Subjective losses)
- Pain and suffering from physical and emotional trauma
- Loss of enjoyment of life due to permanent injuries
- Emotional distress from PTSD or anxiety after the accident

🚨 Punitive Damages (For extreme negligence or misconduct)
South Carolina courts may award punitive damages in cases where the truck driver or company acted with gross negligence, such as driving under the influence or knowingly violating safety regulations.

Maximizing Your Compensation After a Truck Accident



🛠️ Work with an Experienced Lawyer
A lawyer specializing in truck accidents knows how to negotiate with insurance companies and fight for maximum compensation.

📑 Maintain Thorough Documentation
Keep records of:
✔️ Medical bills and reports
✔️ Pay stubs showing lost wages
✔️ Accident reports and witness statements

📢 Avoid Early Settlement Offers
Insurance companies often offer quick settlements that are much lower than what you deserve. Consult your lawyer before accepting any offer.

⚖️ File Your Claim Within the Statute of Limitations
South Carolina allows three years from the date of the accident to file a personal injury lawsuit. Missing this deadline means losing your right to seek compensation.

Legal Strategies for Proving Your Case



📌 Accident Reconstruction Experts
Your lawyer may work with accident reconstruction professionals to analyze how the crash happened and who was at fault.

🛑 Using Black Box Data
Commercial trucks have electronic logging devices (ELDs) that record speed, braking patterns, and hours driven before the crash. This data can serve as key evidence.

📞 Deposing the Trucking Company and Driver
Attorneys may obtain testimony from the trucking company regarding their hiring policies, training procedures, and maintenance records.

The Importance of Legal Representation



🏛️ Negotiating with Insurance Companies
Truck companies often have strong legal teams and insurers who try to minimize payouts. A skilled attorney ensures you receive fair compensation.

📝 Filing a Lawsuit if Necessary
If negotiations fail, your attorney can take your case to court to fight for your rights.

✔️ Hiring a South Carolina truck accident lawyer improves your chances of securing the maximum settlement while reducing stress during your recovery.
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