Truck accidents often have devastating consequences, leaving victims and their families facing physical, emotional, and financial burdens. Navigating the legal landscape in these complex cases can be overwhelming, especially when determining who should be held liable for the damages. This blog post aims to shed light on truck accident liability in South Carolina, explore the recent landmark case of Ruh v. Metal Recycling Services, LLC, 889 S.E.2d 577, 439 S.C. 649 (2023), and offer insights into potential settlements for victims.

Determining Truck Accident Liability

Unlike typical car accidents, truck accidents often involve multiple parties who could share responsibility for the crash. Understanding who might be liable is crucial for pursuing compensation:

• Truck Driver
• • • This is the most common party held liable, especially if their negligence (e.g., speeding, fatigued driving, distracted driving) caused the accident.

• Trucking Company

• • • Employers can be held responsible for their drivers’ actions, especially if they failed to maintain the truck properly, hired an unqualified driver, or pressured them to violate safety regulations.

• Cargo Loader

• • • Improperly loaded cargo can shift during transit, impacting stability and causing accidents. The party responsible for loading (shipper, loader, etc.) could be liable if negligence is proven.

• Truck Manufacturer

• • • Defects in the truck’s design, parts, or manufacturing process can lead to malfunctions and crashes. In such cases, the manufacturer might be held accountable.

• Maintenance Providers

• • • Mechanics who fail to identify and properly repair critical truck components could be liable if their negligence contributes to the accident.

• Government Entities

• • Poorly maintained roads, inadequate signage, or faulty traffic signals can contribute to accidents. In certain cases, government entities responsible for road maintenance might share liability.

Ruh v. Metal Recycling Services, LLC Case: A Shift in South Carolina Law

The Ruh case marked a significant shift in truck accident liability in South Carolina. Ms. Ruh was injured in a collision with a truck driven by an employee of Norris Trucking, an independent contractor hired by Metal Recycling Services. While initial courts dismissed the case based on the independent contractor relationship, Ms. Ruh appealed, arguing that Metal Recycling Services was negligent in selecting Norris Trucking.

The South Carolina Supreme Court ultimately ruled in favor of Ms. Ruh, establishing a crucial new precedent. They determined that an employer in an independent contractor relationship may be subject to liability for harm caused by their own negligence in selecting the contractor. This means that companies hiring independent contractors can be held responsible if they fail to exercise reasonable care in choosing a qualified and safe contractor.

Ruh holds significant implications for potential clients facing similar situations. If you’ve been injured in a truck accident involving an independent contractor, you may have grounds to pursue legal action against the company that hired them, even if the driver worked directly for the contractor. Consulting with an experienced truck accident lawyer can help you understand your rights, analyze the specific circumstances of your case, and determine if the new precedent established in Ruh applies to your situation.

What is the Average Settlement for Truck Accidents?

Truck Accident Settlements vary widely.  While pursuing legal action after a truck accident can be daunting, seeking compensation is crucial for recovery. The value of your truck accident settlement depends on various factors, including:

• Severity of Injuries

• • • The extent of your physical and emotional injuries significantly impacts the settlement amount.

• Lost Wages and Future Earning Capacity

• • • Compensation covers lost wages due to the accident and potential future income impacted by your injuries.

• Medical Bills and Future Medical Needs

• • • All past and anticipated medical expenses related to the accident are factored into the settlement.

• Property Damage

• • • Compensation covers repairs or replacement of your vehicle and other damaged property.

• Pain and Suffering

• • This non-economic damage compensates for physical and emotional distress caused by the accident.

It’s essential to remember that truck accident settlements vary greatly and depend heavily on the specific circumstances of your case. Consulting an experienced Charleston truck accident lawyer is crucial to understanding your rights, evaluating your case’s potential value, and negotiating a fair settlement that covers your losses.

Cannon Law – Truck Accident Settlement and Liability Experts

If you or a loved one has been injured in a truck accident, don’t hesitate to seek legal guidance. Understanding who is liable and what compensation you deserve can empower you to move forward with your recovery. Contact Cannon Law today for a free consultation with a dedicated Charleston truck accident lawyer. Together, we can navigate the legal process and fight for the compensation you deserve.

Call Cannon Law today at (843) 790-0816 or fill out the contact form below to schedule your free consultation.