Truck company Swift Transportation was hit with a lawsuit after a tractor-trailer the company contracted made a turn in front of a motorist on a South Carolina highway and caused a collision. The plaintiff, Kenneth J., alleges that he was traveling on highway 327 in South Carolina when a Swift Transportation semi cut off his right-of-way. According to the lawsuit, the rear of the semi-truck, driven by Biak T. struck his vehicle as the semi-driver attempted to turn off Interstate 95 near Quimby, South Carolina.
The plaintiff says that as a result of the semi cut off, he suffered a number of injuries, including:
- “Extensive pain, mental anguish, suffering and discomfort;
- Disability for a period of time, past, present, and future;
- Money spent for medical care and treatment, past present and future;
- Inability to carry on normal activities;
- Permanent injuries and disability;
- Emotional trauma and distress;
- Loss of enjoyment of life;
- Time and wages lost from his job; and
- Damage to his vehicle and personal property.”
Kenneth alleges that the truck driver acted negligently when the semi cut him off and caused the accident. Additionally, the plaintiff is filing claims against Swift Transportation in his lawsuit.
“In return for the privilege to operate commercial motor vehicles on the public roadways, prospective motor carriers must make certain safety related certifications and verifications,” alleges the lawsuit. The lawsuit points out that semi-trucks are bigger, heavier and harder to handle than regular vehicles. They are subject to additional rules and regulations to help ensure the safety of all drivers on the road.
The plaintiff alleges that Swift Transportation played a part in the semi cut off that caused his injuries.
“The injuries and damages incurred by the Plaintiff were directly and proximately caused be Defendant Swift’s careless, negligent, grossly negligent, willful, wanton, reckless, and unlawful acts,” states the plaintiff in his complaint.
Swift Transportation failed to design, develop, and implement adequate safety management controls, alleges the lawsuit, and failed to train the driver to avoid a semi cut off and to yield to right of way. The plaintiff also accuses Swift of failing to meet industry standards with regard to training, maintenance, records and logs when it comes to its drivers.
Kenneth is seeking damages for his injuries as well as punitive damages.
Semi-Truck Driving Standards
As alleged in the lawsuit against Swift Transportation, semi-truck operators and companies are subject to state, local, and federal rules. Rules that affect semi-trucks include:
- Driving duration and required rest stops;
- Background checks and mandatory training;
- Testing for substance use;
- Truck maintenance; and
- Accident reporting requirements.
Swift Transportation and other trucking companies also have an obligation to set policies and procedures that protect other motorists.
McDonald Worley attorneys are currently investigating semi-truck accident claims. Contact the office today to schedule a consultation.