Summary
When an improper lane change causes a commercial truck accident in Greenville, the truck driver may be liable if the driver moved from the lane without first determining that the maneuver could be completed safely. Depending on the facts, the trucking company, vehicle owner, maintenance provider, manufacturer, cargo-related business, or another driver may also share responsibility.
South Carolina law requires drivers to remain within a single lane as nearly as practicable and not leave that lane until the movement can be made safely. In a truck accident claim, liability usually depends on what happened before the collision, what the driver could see, whether the driver signaled, whether enough clearance existed, and whether another person or company contributed to the crash.
Christian & Christian Law represents people injured in truck accidents in Greenville, South Carolina, and nearby areas throughout the Upstate. Determining fault may require more than reviewing a police report. Electronic truck data, camera footage, driver records, witness statements, vehicle inspections, maintenance records, and company safety practices may all help establish how the collision occurred and who may be legally responsible.
Who May Be Liable After an Improper Lane Change Truck Accident?
More than one person or company can be responsible for a lane-change truck accident.
Potentially liable parties may include:
- The commercial truck driver
- The trucking company
- The tractor or trailer owner
- A maintenance contractor
- A vehicle or parts manufacturer
- A cargo loading or shipping company when its conduct contributed to the crash
- Another driver whose unsafe actions contributed to the collision
The correct answer depends on the evidence. A truck driver's unsafe maneuver may be the immediate cause of the collision, while company policies, maintenance failures, or other conduct may also have contributed.
Only Serving People, Never Companies
Founded in 1975, Christian & Christian has deep roots in the community.
Learn more about our attorneysWhy Improper Lane Changes Are Dangerous for Commercial Trucks
A lane change that seems routine in a passenger vehicle can create serious risks when a tractor-trailer is involved. Large commercial trucks are longer, heavier, and require more room to maneuver. They also have substantial blind areas around the cab, along the sides, and behind the trailer.
If a truck driver moves into another lane without enough clearance, the truck can sideswipe a vehicle, force another driver onto the shoulder, cause sudden braking, or trigger a multi-vehicle collision.
Common unsafe lane-change behaviors include:
- Failing to check mirrors before moving into another lane
- Failing to account for vehicles in blind areas
- Changing lanes without enough space
- Failing to signal before moving
- Crossing several lanes too quickly
- Drifting because of distraction or fatigue
- Cutting off another vehicle and forcing sudden braking
- Making an unsafe merge near a highway entrance or exit
Drivers in Greenville regularly share I-85, I-385, and other major routes with commercial trucks. Heavy traffic can leave little room for error when a large truck changes lanes.
South Carolina Law on Lane Changes
South Carolina law requires a vehicle to remain within a single lane as nearly as practicable and not move from that lane until the driver has first determined that the movement can be made safely.
This rule applies to commercial truck drivers as well as other motorists.
A traffic citation can become part of the evidence, but a citation alone does not decide a civil injury claim. Liability usually depends on whether a person or company failed to use reasonable care and whether that failure caused the collision and resulting injuries.
In an improper lane-change truck accident, the investigation may focus on:
- Whether the truck driver checked mirrors and blind areas
- Whether the driver used a turn signal
- Whether another vehicle already occupied the adjacent lane
- Whether the truck had enough time and space to move safely
- Whether distraction, fatigue, or another impairment affected the driver
- Whether the truck had a mechanical problem that contributed to drifting or loss of control
Everyone there was very professional, knowledgeable, and friendly. My car was totaled, and I was a little intimidated talking with a couple of other lawyers in Greenville. But with Christian and Christian, not only did they answer my questions, but they did so in a way that made what could have been a hectic situation, easy. Overall, an excellent experience with high quality lawyers who truly go above and beyond and really try to get you the results or answers you need.
—Rob Young
I met Josh like 4 years ago when my Son was injured at Daycare. He was very concerned about the well being of my Child and Me. Very Understanding Professional and Just a great Staff. If You need a Lawyer that’s all about YOU this is the Place. I just closed a Case on 6/23/2021 from a injury on a Property. They handled everything because no one else would help Me. I’m forever grateful for Your hard Work and Time. Once again Thank You Josh and Sally.
—Rezillai Henderson
My husband was referred to this law firm from another lawyer after his mother passed away while residing in a nursing home. Matt took on his case and we are pleased with how everything turned out. It took a long, long time to finally settle, but it was worth the wait. The staff here is friendly and I’d be happy to recommend them to anyone needing legal assistance.
— Jen
I was referred to Harold by a family friend, and I couldn’t be happier. He took the time to listen to my case, answered all my questions and truly treated me like a friend not a client. His knowledge of medical malpractice is priceless he actually successfully won, one of the first medical malpractice cases in Greenville County.
— Lindsey
A Truck Blind Spot Does Not Automatically Excuse an Unsafe Lane Change
Commercial trucks have large blind areas, sometimes called no-zones. The existence of a blind spot does not automatically excuse a driver from making sure a lane change can be completed safely.
Truck drivers are expected to monitor surrounding traffic, use mirrors, and confirm that a lane movement is safe before changing lanes.
An insurance company may still argue that the passenger vehicle contributed to the collision. For example, the insurer may claim that the driver remained beside the truck for too long, accelerated during the lane change, followed too closely, or made another unsafe maneuver.
South Carolina follows a modified comparative negligence rule. An injured person can generally recover damages when that person's share of fault is not greater than the combined fault of the defendant or defendants. If the injured person is found 50 percent or less at fault, compensation may be reduced by that percentage. If the injured person is found more than 50 percent at fault, recovery may be barred.
Because fault can be disputed, objective evidence can be especially valuable.
The Truck Driver May Be Liable
The truck driver is often one of the first parties examined after an unsafe lane-change collision.
A driver may be responsible when evidence shows that the driver:
- Changed lanes without adequate clearance
- Failed to check blind areas
- Failed to use a turn signal
- Ignored surrounding traffic
- Drifted because of distraction
- Drove while fatigued
- Made an unsafe merge
- Moved across multiple lanes too quickly
Evidence that may help establish what happened includes:
- Police crash reports
- Statements from drivers and witnesses
- Dash camera footage
- Traffic camera footage
- Photographs of vehicle damage
- Electronic control module data
- Electronic logging device records
- Driver hours-of-service records
- Mobile phone records when legally obtainable
- Post-crash inspection reports
The location and pattern of vehicle damage can be particularly useful in a sideswipe collision. Scrape marks, impact points, debris, and final vehicle positions may help accident reconstruction professionals determine how the vehicles moved before contact.
For more information about commercial truck claims in Greenville, visit:
https://www.cclawfirm.com/greenville-truck-accident-lawyers/
You can also review:
https://www.cclawfirm.com/who-is-responsible-for-your-truck-accident/
Related Videos
Value of a Personal Injury Case
Choosing a Personal Injury Attorney
The Trucking Company May Share Responsibility
A truck accident caused by an improper lane change may appear to be entirely the driver's fault at first. In some cases, the trucking company may also bear responsibility.
A trucking company may face liability when the truck driver was acting within the scope of employment at the time of the collision. Separate claims may also arise when the company's own conduct contributed to the crash.
Potential company-related issues can include:
- Inadequate driver training
- Negligent hiring
- Failure to supervise drivers
- Retaining a driver with a poor safety record
- Ignoring previous driving violations
- Pressuring drivers to meet unsafe schedules
- Failing to enforce safety procedures
Truck accident claims can involve more corporate records than ordinary passenger vehicle collisions. Driver files, training records, dispatch communications, safety policies, and internal records may reveal issues that are not visible at the crash scene.
Verdicts & Settlements
Can Other Companies Be Liable?
Commercial trucks are sometimes operated through arrangements involving several separate businesses.
One company may own the tractor. Another may own the trailer. A separate company may perform maintenance. Another business may arrange the shipment or load the cargo.
The name printed on the truck does not always identify every party connected to the vehicle or shipment.
A maintenance contractor could become relevant if a steering, tire, brake, or mechanical problem caused the truck to drift into another lane. A vehicle manufacturer or parts manufacturer may also become part of the investigation if a defective component contributed to a loss of control.
Another driver may share fault if that driver's unsafe maneuver contributed to the collision.
More information about large commercial vehicles is available at:
https://www.cclawfirm.com/greenville-truck-accident-lawyers/18-wheeler-accidents/
You can also review:
https://www.cclawfirm.com/greenville-truck-accident-lawyers/tractor-trailer-accidents/
Why Preserving Evidence Matters After a Truck Accident
Some of the strongest evidence in a commercial truck accident case may be controlled by the trucking company or another business.
Electronic data can be overwritten. Camera footage can be deleted. Vehicles can be repaired or returned to service. Drivers can leave a company. Witnesses can become harder to locate.
An attorney can take steps to request preservation of potentially relevant evidence.
Depending on the facts, records worth preserving may include:
- Driver qualification files
- Training records
- Electronic logging data
- Dispatch communications
- Maintenance records
- Inspection reports
- Onboard camera footage
- Company safety policies
- Prior driving or safety records
Witnesses can also provide useful information. A motorist traveling behind the truck may have seen whether the driver used a signal or moved suddenly. Another nearby vehicle may have captured the collision on a dash camera.
What Compensation May Be Available?
A person injured because of an unsafe truck lane change may be able to seek compensation for losses caused by the collision.
The type and amount of compensation depend on the injuries, available evidence, insurance coverage, fault allocation, and other facts.
Potential damages may include:
- Emergency medical treatment
- Hospital expenses
- Rehabilitation
- Future medical care supported by evidence
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Physical limitations
Truck accident injuries can affect a person long after the vehicles leave the crash scene. Medical records, employment documentation, photographs, bills, and records describing the recovery process can help document those losses.
How Long Do You Have to File a Truck Accident Claim in South Carolina?
South Carolina Code Section 15-3-530 generally provides a three-year statute of limitations for many personal injury claims.
Not every case has the same deadline.
Claims involving government entities, wrongful death, minors, or other special circumstances may be subject to different rules. Missing an applicable deadline can prevent a person from pursuing compensation.
Waiting can also make an investigation harder. Evidence connected to a commercial truck crash may disappear long before the filing deadline.
How a Greenville Truck Accident Attorney Can Help
A truck accident attorney can investigate the collision and determine whether responsibility extends beyond the truck driver.
That work may include:
- Identifying businesses connected to the truck
- Requesting preservation of electronic and physical evidence
- Obtaining driver and company records
- Reviewing insurance coverage
- Interviewing witnesses
- Arranging vehicle inspections
- Documenting damages
- Consulting qualified trucking or accident reconstruction professionals when appropriate
- Communicating with insurance companies
- Evaluating settlement offers based on the available evidence and documented losses
If a fair resolution cannot be reached through negotiation, preparing the claim with litigation in mind can help preserve the ability to present the case in court.
To learn more about attorney Josh Christian, visit:
https://www.cclawfirm.com/attorney-josh-christian/
Speak With a Greenville Truck Accident Lawyer
If a commercial truck changed lanes unsafely and caused your injuries, determining responsibility may require a close review of the driver's actions, the trucking company's records, and the physical and electronic evidence from the crash.
Christian & Christian Law helps injured people in Greenville, South Carolina, and nearby Upstate communities understand their options after serious truck accidents. The firm offers free consultations.
visit:
https://www.cclawfirm.com/contact-us/
This article is for informational purposes only and is not legal advice. Consult an attorney about your specific situation.
| National Trial Lawyers: Medical Malpractice Top 100 in the U.S. (Top 25 for S.C.) Nursing Home : Top 10 Trial Lawyers Association | Expertise.com: Best Personal Injury Lawyers in Greenville |