Understand the unique challenges of van accidents involving trucks and the steps you need to take to maximize your compensation in SC

As a driver in Columbia, SC, you share the road with a variety of different vehicles. Vans play a significant role in business and commercial use, and it’s common to see them traveling along public roads as they transport people and equipment to various locations. 

While vans are known for being reliable work and personal use vehicles, they have a high risk of being seriously damaged in collisions with large trucks, which also increases the likelihood of catastrophic injuries and death for the driver and any passengers in the vehicle.

This guide is intended to help accident victims understand their rights and potential legal recourse after sustaining a serious injury in a van vs. truck accident.

If you have additional questions or would like to learn more about the process of filing a personal injury claim after a van accident in Columbia, schedule a free consultation with our experienced Columbia truck accident attorneys.

Why are vans more vulnerable in truck accidents?

A report by the National Highway Traffic Safety Administration (NHTSA) that studied crashes involving vans and large trucks (tanks, flatbeds, dump trucks, garbage trucks, etc.) revealed that vans are the most common cargo body type to be involved in truck accidents.

This is largely because when vans are in an accident with a truck, they’re at a significant disadvantage due to their lower center of gravity, which increases the chances of rollovers.

Vans also have weaker structural integrity within the framing system compared to the sturdy metal that is used for trucks. Additionally, truck drivers tend to find it harder to see a van in their path due to blind spots that occur from the van’s lower height profile.

Common causes of truck vs. van accidents in Columbia

Collisions between vans and trucks can arise from various causes, many of which are similar to those seen in other vehicular accidents. Despite rigorous training, truck drivers may fall into patterns of negligence. Speeding and aggressive driving stand out as primary factors leading to these incidents, often resulting in extensive damage. 

Additionally, these accidents may occur due to critical errors such as improper lane changes or failure to yield the right of way by either party involved.

Moreover, unique challenges faced by truck drivers, such as blind spots or restricted windshield visibility, can significantly increase the risk of collisions with vans. Another notable cause is the mishandling or improper securing of cargo, which can lead to dangerous spillage and consequent damage to nearby vehicles, including vans. 

Understanding and working to address these common causes can aid in preventing future accidents and ensuring safer roads for everyone in Columbia.

Crucial steps to take after a truck vs. van accident in Columbia

The first thing to do after this type of accident is to seek medical attention for everyone who was involved. Since being hit by a truck while you’re in the van can leave you with serious and potentially life-threatening injuries, you need to seek emergency care as soon as possible, even if you don’t initially feel injured, as some injuries take time to manifest.

You’ll also want to begin immediately documenting the scene of the accident by taking photos and collecting witness information. If you’re unable to do this at the time of the accident due to the severity of your injuries, then this is where an attorney can help. Attorneys can often reach out to witnesses after the accident and request video footage from surrounding businesses to begin documenting what happened at the scene.

Next, you’ll need to reach out to your insurance company and begin the process of filing a claim. They may request documentation of your injuries and property damage, which is why it’s critical to keep all of the paperwork and photographs you receive regarding the accident. 

It’s wise to consult with an attorney who can help you through this stage of the process since they can handle negotiations and ensure you receive a settlement that covers your full economic and non-economic damages.

Understanding your legal options after a truck vs. van accident

Many people feel overwhelmed, confused, and even angry after a truck and van collision. After all, this is unfamiliar territory if you’ve never been in this type of accident before. Talking to an attorney who is experienced with truck accident cases can give you peace of mind during a difficult time.

As you recover from your injuries, your attorney will begin investigating the accident, identifying potentially liable parties, which could include third parties such as the trucking company, and proving their liability.

It’s important to understand that South Carolina uses a modified comparative negligence system when determining fault, which means your compensation will be reduced according to your percentage of fault in the accident. An attorney will work to gather evidence and present a compelling case that minimizes your liability, enabling you to recover maximum compensation.

Truck accident attorneys are adept at negotiating fair compensation to cover the financial costs of medical bills, lost wages, and your pain and suffering. You can also benefit from having them represent you in court if your case reaches that point.

Injured in a van accident with a truck? Get help from an experienced South Carolina personal injury attorney.

Truck vs. van accidents can result in serious injuries that are costly and time-consuming to recover from. Understanding the unique dangers that vans face, along with your legal rights, empowers you as a survivor to begin seeking fair compensation for your recovery. 

If you or someone close to you has suffered serious injuries or tragic loss in a van accident caused by another driver’s negligence, don’t navigate this challenging time alone. Reach out to the skilled Columbia truck accident attorneys at Smith, Born, Leventis, Taylor & Vega. 

Our dedicated team is committed to providing compassionate support and expert legal guidance. We will tirelessly work to secure the compensation and justice you deserve, helping you move forward from this difficult period.

Contact Smith, Born, Leventis, Taylor & Vega today to start your journey towards recovery and restitution by scheduling your free consultation.

References

Toth, Toth, G., Radja, G., Thiriez, K., & Carra, J. (n.d.). LARGE TRUCK CRASH CAUSATION STUDY IN THE UNITED STATES. Retrieved March 22, 2024, from https://www.nhtsa.gov/sites/nhtsa.gov/files/18esv-000252.pdf