If you were involved in an accident with a tow truck, you could be facing a barrage of unpleasant impacts: whiplash, a wrecked car, mounting medical bills, and lost wages. On top of that, you may feel confused about your next steps with multiple insurance companies involved and fault being assigned in complicated ways.
Tow truck accidents in Marion can leave you with a lot of questions, and our experienced truck accident attorneys at Whetstone Perkins & Fulda have answers.
Common Causes of Tow Truck Accidents
Tow trucks are large, heavy vehicles with low visibility. They’re often also carrying unwieldy loads that can make quick maneuvers difficult. These qualities make tow truck accidents more likely to result in serious injury and put extra responsibility on tow truck operators in Marion to exhibit caution and care.
Common causes of tow truck accidents can include improperly secured vehicles coming loose, equipment failure (including brakes and hydraulics), poor roadside visibility while responding to a call, and lack of training on the part of the operator.
Many people injured in tow truck accidents are those who requested assistance. Accidents often happen while drivers wait roadside for help or as their vehicle is being loaded. Pedestrians and nearby drivers also face risks during loading or when a tow truck travels with an improperly secured vehicle.
Legal Considerations for Tow Truck Accidents
Pursuant to S.C. Code Ann. § 15-3-530, there is a three-year statute of limitations for filing a personal injury lawsuit. This means that the injured person has three years to file against the at-fault party.
In a tow truck accident in Marion, the at-fault party is most likely the driver of the tow truck, but it could also include their employer or a third-party maintenance provider. Determining fault is crucial to receiving fair compensation for losses. In South Carolina, you are eligible to receive compensation if you are less than 51% at fault. This means that even if the accident is partially your fault, you can still receive compensation proportionate to the at-fault party’s percentage of assigned fault.
Demonstrating fault relies on the concept of negligence. The investigation will show that the at-fault party, whether the driver, employer, or maintenance provider, failed to meet the standard of care required for their role. Examples include a tow truck driver speeding or not securing a vehicle properly, an employer forcing drivers to work excessive hours, or a maintenance provider neglecting to inspect the brakes.
How Your Lawyer Could Help After a Tow Truck Accident in Marion
Trying to get things straightened out after a tow truck accident can be overwhelming. It can be difficult to determine who you need to talk with and what information you need to gather, and these steps are made even more challenging if you are also recovering from injuries or have lost the use of your vehicle.
At Whetstone Perkins & Fulda, we are here to represent you each step of the way. From investigating the accident to determine fault, negotiating on your behalf with insurance companies, and advising you on settlement offers, we will put your best interests front and center to help with tow truck accidents in Marion.
To get started, contact our office and get the clarity you deserve during a free consultation.
