Truck Accident Lawyer Blog

When people are being treated unfairly, despite their best efforts to resolve matters by talking, sometimes their last resort - and only real option - is going to court to resolve things. I have seen many, many cases where, no matter how hard we tried, we just couldn't settle things by compromise. Juries offer the fairest way known to resolve the hard problems that we sometimes face.

Juries have the ability to judge each individual case on its own merits. They can see who is credible, and who is not. If we lived in a world without disagreement, then there would be no need for judges and juries to reach decisions. But our world is not a perfect one, and the civil justice system - warts and all - is the bedrock of our freedoms and liberties.

Continue reading "The Jury System" »

What does the word "accountability" mean to you? Most people would answer that "accountability" means: to be answerable for your own conduct. It is a common belief among Americans that wrongdoers should be held accountable for their wrongful conduct. All of us can probably point to how we stress individual accountability in our own lives - at work, at home, and even in social settings.

Something to think about: What happens when wrongdoers are not required to account for their wrongful conduct? Most of us know that if that were the case, then wrongdoers would have no real incentive to do the right thing.

At the end of the day, legal claims involving people or companies who wrongfully harm others are all about accountability. Too often, it is the wrongdoers themselves - the people who caused the harm - who talk about personal responsibility. They talk about it as if only their victims should bear any responsibility. The wrongdoers, in essence, say that their victims should just accept all the harms and go away - letting the wrongdoers off scott-free! Our message to wrongdoers who try to avoid their own accountability is: It cuts both ways - especially when you cause the harm!

That is why injured folks bring legal claims - because those who caused the harm want to walk away with something less than the full measure of their responsibility and accountability. Where someone is negligent, or deprives someone of his or her legally-protected rights - causing someone to suffer harm, injury or damages - the responsible party should be accountable for compensating the injured person for the loss and damage suffered. That's the law.

As a last resort, sometimes the injured person needs a jury of his or her peers to make sure that responsibility and accountability still mean something in this country. Without the protection of the law, and judges, and juries, we would have a society where wrongdoers are not held accountable for their conduct. Our civil justice system may be flawed, but it is the keystone of our society's delivery of justice to everyday people. Without it, we would all be in a bad place indeed.

Continue reading "Accountability and Responsibility Run Hand-in-Hand" »

A car accident along U.S. 178 in Pickens County, South Carolina claimed the life of Enemias Morales de Leon at about 3:20 PM on Tuesday, June10. According to reports, Mr. de Leon, of Liberty, while passing a vehicle, collided head-on with another vehicle in the opposite lane of traffic. Mr. de Leon was not wearing a seat belt, and was pronounced dead at the scene, after suffering major trauma to his abdomen, head and chest.

The driver of the other vehicle was being treated at a hospital in Greenville. Let's hope he makes a full and speedy recovery.

Continue reading "Pickens County, South Carolina Car Accident Fatality Tuesday" »

Over the weekend, an 18-wheeler on I-85 in Hart County, Georgia, ran off the interstate, and then careened about 300 yards into the median. If it weren't for the cable barrier in the median, this could have been a major tragedy. The incident, which occurred around 7 AM, caused major damage to the cable barrier system. The truck driver, James Kluge, of Greer, South Carolina, is 69 years old. He faces charges from the Georgia Motor Carrier Compliance Division.

The cables have been in place for only a few months. Thank goodness someone had the foresight to get these cable barriers installed.

Not so lucky were the four children who were killed later the same day along I-85, when a southbound vehicle crossed the median, and then hit a northbound vehicle head-on. Although they were on the same interstate, just 40 miles away, there was no cable barrier to prevent the losses of the four children - two in each car.

Thanks to the Anderson Independent Mail for reporting this important story.

Continue reading "A Tale of Two Medians: Cable Barriers are a Critical Safety Feature on our Interstates" »

The Augusta Chronicle reports that Matt Dryden, Sheree Dryden, and their one-year-old son were hit by an oncoming garbage truck just after 10AM yesterday near Augusta, Georgia. The garbage truck, owned and operated by ACES, LLC may have driven into the Drydens' lane as it traveled through a sharp turn, hitting their Nissan Xterra. Mrs. Dryden and her son suffered comparatively minor injuries, but Mr. Dryden was listed in serious condition on Monday. All three were taken to the Medical College of Georgia Hospital. The 22-year-old driver of the truck, Michael Ewanis, suffered only minor injuries.

Truck accidents are often preventable - but only if truck drivers and the trucking companies follow known safety precautions. One aspect of safe operation that is often overlooked is the physical health of the truck drivers themselves.

Kelly Fredrix, of the Associated Press, reported recently on how the health of truck drivers has an impact not only on their own safety, but on the safety of all of us out on the roadways. The story was picked up by The State newspaper here in South Carolina, and you can read the article in its entirety here.

Here is a quick roundup of some of the facts Fredrix is reporting:

* There are about 1,300,000 long-haul truck drivers in the United States.
* Compared to all other job categories in this country, truck drivers report more injuries than anyone else.
* Truck drivers dying on the job account for almost fifteen percent of work-related deaths in the United States. That means that trucking easily has more fatalities than any other occupation in the United States.
* Commercial drivers licenses (CDLs) generally cannot be issued if the driver has severe health issues like high blood pressure or advanced heart conditions.
* Obesity among truck drivers is a very common problem.
* Nearly one in four truck drivers have sleep apnea. (A big potential source of driver fatigue truck accidents).
* About half of all truck drivers smoke.
* The Federal Motor Carrier Safety Administration is looking at tighter rules regarding truck driver physical health. A review board is meeting later this month, but any changes wouldn't take place for at least a year.
* Some trucking companies are working to improve truck driver health, due to high health care and workers compensation costs.

Continue reading "How Truck Driver Health Affects You" »

Much is at stake when someone is injured in a South Carolina car accident or a truck accident. If you are involved in such an accident, this is what you should do immediately to protect yourself, and to keep open all available options:

(1) First, call 911 and report the crash. If there may be injuries, make sure the dispatcher understands this.
(2) Second, stay at the scene of the crash, and wait for law enforcement and emergency response personnel to arrive.
(3) Third, when law enforcement officers arrive, give them the your full side of the story.
(4) Fourth, seek medical treatment, and get checked out, even if you aren't sure if you are seriously injured or not. (Sometimes very serious injuries don't appear serious until later. Get checked out to be sure).
(5) Fifth, get the names, addresses and telephone numbers of any witnesses yourself. Do not rely on anyone else to do this for you - even law enforcement. Witnesses who saw the wreck are important. Also important are witnesses who saw what was going on
(6) Sixth, get the name, license plate number, address, telephone number, and insurance details for the other driver.
(7) Seventh, carefully write down all the words, letters, and numbers on the door of the tractor trailer, as well as any other identifying information anywhere on the tractor and the trailer.
(8) Eighth, go ahead and prepare a letter to your attorney with your description of the accident, road conditions, witness accounts, etc.
(9) Ninth, contact an experienced attorney to get further information about your legal rights and responsibilities.

Continue reading "What to do if You Are in a Truck Accident" »

Victims of South Carolina truck accidents who survive the wreck may recover compensation for their losses, including: past medical bills, future medical expenses, property damage, pain and suffering, lost income, and compensation for how the injuries will affect the rest of your life. For family members of truck accident victims who are killed, they may be eligible to recover compensation for the sudden loss of their loved one, also. In truck accident cases, there are a number of possible defendants, who may have contributed to causing a preventable wreck. The defendants in any particular case will depend on the facts of that case. The most obvious defendant is the truck driver who was driving the tractor trailer at the time of the wreck. Another common defendant is the trucking company, due to the company's failure to operate safely. The owner of the "tractor" can be partially at fault, as can the owner of the "trailer," depending on the circumstances of the case.

Continue reading "Evening Things Up: Damages That Can be Recovered After a Truck Accident" »

The Salisbury Post is reporting that Laurance Derwood Guessford, 41, of Salisbury, sustained a shattered leg, torn bowel, and crushed pancreas this morning when a Jeep turned into the path of Guessford's delivery truck. The wreck took place at just after 8AM this morning, at the intersection of Grace Church Road and U.S. Highway 29 in Salisbury.

Mr. Guessford was transported by helicopter to the Wake Forest University Baptist Medical Center in nearby Winston-Salem. He is in critical condition / intensive care. The driver of the Jeep, Rebecca Moore Corriher, was charged for unsafe movement, and was treated at Rowan Regional Medical Center.

Just three percent of registered vehicles are tractor-trailers. Yet, big trucks account for a great deal of injury and death on our roadways. Truck accidents injure over 100,000 people every year in the United States. More than 5,000 people lose their lives in these wrecks. That accounts for nearly one out of every ten highway fatalities. Trucking companies and their insurance adjusters work hard to protect their own interests - usually at the expense of the people injured. In other words, the victims are too often blamed, and may never receive the compensation they deserve. At best, injured victims might be offered very small, inadequate settlements. If you are in this situation, educate yourself, and make your choices wisely. There is much at stake.

Continue reading "Big Trucks Account for a Disproportionate Percentage of Highway Injuries and Fatalities" »

Driver fatigue. Truck driver drug use. Truck driver distraction. Reckless driving. Truck driver alcohol use. These reasons pop up again and again in truck accident litigation. Thousands of tractor trailers pass through South Carolina and neighbor states each and every day. When truck drivers and trucking companies make irresponsible decisions, preventable accidents too often occur. That is when innocent victims and their families are left to suffer. The fact of the matter is that, given the incredible size and weight of tractor trailers, simple laws of physics create awful consequences when an 18 wheeler collides with another vehicle. The margin for error by drivers is incredibly small. That is why it is so important that drivers and the trucking companies for whom they drive take their responsibilities seriously. I applaud the true professionals among their ranks. However, the dangerous drivers - the unsafe companies - can't be allowed to operate on our highways without being held responsible when their actions profoundly harm others.

Continue reading "The Causes of Tractor Trailer Accidents" »

Many special laws and regulations strictly govern truck drivers and the operation of tractor trailers. Special rules govern virtually every aspect of truck operation. In addition, the rules are always evolving and changing. South Carolina truck accident litigation therefore typically requires attorneys who are well-versed in this complex area of the law. Documentation must be performed and maintained. Drivers must be properly qualified and reasonably well-rested. Tractors and trailers must have certain safety equipment. The list is long. The reason trucking is so highly-regulated is simple. Big trucks are a monstrous hazard to the rest of us out on the roads. We have a national policy (and state policies, too) that recognizes the danger that trucks pose. That is why we have all those regulations. If you, or someone close to you, has been in an accident with an 18-wheeler, closely examine the knowledge and experience of any attorney you consult. It's important.

Some people - even some injury lawyers - believe that accidents involving tractor trailers are just like any other motor vehicle accident. Nothing could be further from the truth. Today, let's look at two of the reasons why:

First and foremost, unlike in a typical fender bender, in a truck crash, very serious (and life-changing) injuries are the norm. Tragically, it is not at all unusual for death to result from a sudden truck crash. The reckless and careless acts of a trucking company or truck driver can have catastrophic consequences. A lot of South Carolina truck accidents are a direct result of dangerous driving by truck drivers. Trucking companies also often make unrealistic demands, pushing truck drivers past normal safety limits and obligations. Second, special laws and regulations, which govern the operation of big trucks, create a unique landscape which must be effectively navigated by your attorney in order to protect your legal rights and options. An experienced truck accident lawyer will know all the ways that your case is affected by those special laws. For example, unless certain documentary evidence is obtained almost immediately after the truck accident, then the trucking company may have no obligation to keep that evidence. Very often that evidence - which could make or break your case - simply goes up in smoke, if it is not obtained in time.

Continue reading "Big Differences Between South Carolina Truck Accidents and Car Accidents" »

You are not alone. There is help available for you in the aftermath of a motor vehicle accident involving a tractor trailer in South Carolina. I want you to know that I am truly sorry that you are facing the difficulty, grief and loss after a sudden truck crash. I know that the shock of a fatality or a serious injury is impossible to explain unless you have lived through it. As difficult as this time is for you, it is important to know how to make sure that your interests are protected.

1. This is not a time to sign papers or make decisions without your own, independent counsel who is looking out for your interests, and not those of the trucking company or the truck driver. Make sure you act right away. At a crash scene, critical evidence evaporates quickly. Witnesses' memories fade, crash debris is cleaned up from the scene, and skid marks immediately begin to fade. It is important to obtain qualified legal counsel to ensure that evidence favorable to you is found and preserved right away - before that evidence is gone.

2. The truck company is probably already working on preserving its options. Very often, truck companies hire teams of investigators who will arrive at a truck accident scene within hours. They will gather evidence favorable to the truck driver, to benefit the truck company, and to locate and use unfavorable evidence against you.

3. Find the best lawyer that you can, and look for someone who is familiar with truck safety issues. There are many fine lawyers out there, and many fine general personal injury lawyers. It is important to find someone who has strong experience in truck crash litigation to be able to understand and navigate the intricacies of a truly unique kind of litigation. There are special laws and regulations that apply only to truck accident cases. Talk to former clients who are survivors, and check references. Make sure you find the right injury lawyer for you, and the particular circumstances of your case.

4. Get in touch with a grief counselor in your community. You are not alone, and you should find ways to get qualified support. There are people who can help you cope with loss after a sudden crash. Qualified legal counsel can help you find the resources to help you cope. Bereavement is a long process, and you need help in moving from sorrow to strength.

Continue reading "What To Do After a South Carolina Truck Crash" »