Fatal Semi-Trailer Truck Accidents in Bamberg, SC
Semi-trucks and other large commercial vehicles transport vital materials and goods across America. However, our reliance on these giants of the road can come at a high cost.
According to data published by the National Safety Council and the Insurance Institute for Highway Safety, large trucks accounted for just four percent of all registered vehicles but a whopping 10 percent of all vehicles involved in fatal crashes in a recent year. During that time, 4,119 people died in large truck collisions. More than two-thirds of those killed were occupants of cars and other passenger vehicles, not the truck drivers.
Did you lose a loved one in a fatal semi-truck accident in Bamberg, SC? You could be entitled to compensation for your loss. The South Carolina semi-truck accident attorneys of Wilson Law Group, LLC, can determine whether you can file a wrongful death claim against the negligent party(s) responsible for the wreck.
Contact us today to learn more about how we can support you through this challenging time. The first consultation is free.
When Is a Fatal Accident Considered a Wrongful Death?
Not all motor vehicle accident fatalities are considered wrongful deaths under South Carolina law. According to § 15-51-10 of the South Carolina Code of Laws, a “wrongful death” is defined as any death caused by the “wrongful act, neglect, or default” of another party.
A wrongful death action is a particular type of personal injury case. Since the injured person is no longer alive to pursue a claim on their own, the law allows surviving family members to take action on their behalf.
You can seek justice and fair compensation for yourself and other surviving dependents by filing a wrongful death claim.
Who Can Recover Damages After a Fatal Semi-Truck Accident in Bamberg?
Many states allow surviving family members of the deceased to file wrongful death lawsuits, but in South Carolina, only an executor or administrator of the deceased’s estate has this ability.
If your loved one created a will before they died, they likely named their preferred executor in the text of the will. However, if they died without a will or their chosen executor is unwilling or unable to perform their duties, the court can appoint someone as an administrator.
Only the executor or administrator of your loved one’s estate can file a wrongful death case in court. However, the law says that any compensation the executor or administrator wins due to that wrongful death claim must be distributed to the surviving family members of the deceased.
Under South Carolina law, the following family members are entitled to compensation from a wrongful death case:
- Surviving spouses and biological or adopted children
- Surviving parents, if the deceased has no surviving spouse or children
- Other surviving heirs, if the deceased has no living parents, spouse, or children
What To Do After a Fatal Semi-Truck Accident
It can be difficult even to consider legal action as you come to terms with this devastating loss, but now is the time to protect your legal rights and the compensation your family deserves by:
- Avoiding any public statements about the accident – Do not discuss the details of the truck accident with anyone else or post details about it on social media. Even innocent comments could jeopardize your case.
- Hiring a skilled semi-trailer truck accident attorney as soon as possible – An experienced truck accident attorney can assist you with wrongful death actions and support you through every stage of the case to keep your family’s best interests front and center.
- Gathering your loved one’s will and medical records – Do your best to locate their will and any medical records with details about their accident-related injuries.
- Avoiding communication with insurance companies or other lawyers – Always assume that anything you say to an insurance provider or the other party’s attorneys will be used against you. Let your lawyer do the talking.
Proving Liability After a Fatal Truck Accident
The knowledgeable lawyers of Wilson Law Group, LLC, can conduct an independent investigation after your loved one’s fatal truck accident to locate evidence of the other party’s liability, such as:
Police accident reports, which may contain helpful information like official determinations of fault or toxicology test results
Data from truck “black box” event recorders or electronic logging devices, which may show negligent or dangerous behavior on the truck driver’s part
Cell phone records, which could show the driver was texting, talking on the phone, or using apps when the crash occurred
Trucking company records, which may provide evidence of negligent hiring practices or inadequate truck maintenance
Cargo loading manifests, which could show that the truck’s cargo was dangerously overloaded, unbalanced, or improperly secured at the time of the wreck
Witness and expert statements, which could provide objective testimony about the fatal crash
Contact Our Semi-Truck Accident Attorneys Today
If your loved one was killed in a Bamberg, S.C. truck accident, you need the help of a compassionate and proven truck accident lawyer. Contact the dedicated team at Wilson Law Group, LLC, today for a free initial case review.