Despite the best efforts of the National Highway Traffic Safety Administration (NHTSA) to increase road safety, truck crashes are still a serious problem. According to the Insurance Institute for Highway Safety (IIHS), 2019 saw a 31% increase in truck crash deaths since 2009. Of those killed in truck accidents, most were occupants of other vehicles.
The large size and weight of commercial trucks place other drivers in passenger vehicles at a greater risk for life-threatening injuries or death during commercial truck accidents. Factors like poorly secured heavy-duty cargo and fallen items are common reasons for commercial truck accidents and subsequent damages.
You may be entitled to compensation if you or a loved one suffered injuries in a truck accident due to negligence. MDSW’s personal injury lawyers in North Charleston have experience representing injured clients and negotiating with insurance. We are ready to protect your rights and fight for the settlement you need.
Recovery You May Seek After a Truck Accident
After being involved in a collision, you may have lost your vehicle and sustained injuries. You may also suffer from extreme depression, trauma, mental anguish, or pain and suffering. Luckily the law allows you to pursue compensation for economic and non-economic expenses and losses related to your accident.
By filing a personal injury lawsuit, you can recover the cost of the following:
- Ambulance transportation
- Pain and suffering
- Mental anguish
- Emergency care
- Property damages
- Hospital bills
- Lower quality of life
- Past, present, & future medical expenses
- Anxiety and depression
- Lost wages
- Burial costs
- Reduced income earning capacity
- Post-traumatic stress disorder (PTSD)
- Prescription medications
- Physical therapy
- Mental health therapy
If the truck driver who caused your injuries was impaired or distracted at the time of the accident, you may also be awarded punitive damages. These damages are meant to punish and discourage extremely reckless behavior and will be awarded to you in addition to the compensation won after a successful truck accident claim in South Carolina.
How Much Is My Truck Accident Case Worth?
Every personal injury case is different. Before you consult with our legal team, we cannot assign a value to your lawsuit. How much your truck accident case is worth will depend on details specific to your situation, like who was at fault, how the accident was caused, and the types of injuries and damages you sustained due to the truck accident.
Though there is no average settlement amount for South Carolina commercial truck accidents, you could likely win a large payout to recover your losses. To give you an idea of the figures you may be able to recover, here are some of our past case results:
- $4,000,000 for a tractor-trailer accident
- $2,000,000 for a tractor-trailer collision
- $825,000 for a car crash
A truck accident may be worth more than a car accident because larger vehicles have the potential to cause more damage. If you suffered multiple injuries or lost a loved one to fatal injuries, a truck accident attorney in North Charleston can consult with you to determine an appropriate settlement amount for your case.
What if I Was in a Commercial Truck Accident?
If you were in a commercial truck accident, you may be able to recover a larger settlement than if you were in a typical passenger vehicle accident. Commercial truck accidents typically involve large, 18-wheel trucks built to move heavy-duty cargo. However, they can involve a range of vehicles, including:
- Semi-trailer trucks
- Freight vehicles
While a truck accident involving a commercial vehicle may allow for a larger settlement, it’s also guaranteed that the truck company will have legal representation. Trucking companies often have insurance policies to protect themselves and the truck in the event of an accident.
The trucking company’s insurance company may attempt to reject or undervalue your claim after a truck accident. Teaming up with your legal team will put you on even footing. Our top-rated South Carolina personal injury attorneys will protect your best interests after a commercial truck accident.
Should I Hire a North Charleston Truck Accident Lawyer for My Case?
After a commercial truck accident, you may wonder if you need to hire a lawyer to assist with your claim. Hiring a lawyer is the best way to ensure you have the highest chance of recovering fair compensation for your damages and subsequent losses.
Top-rated truck accident lawyers in South Carolina are well-equipped to handle even the most complex truck accident lawsuits. There are multiple reasons why you should consider working with a lawyer. A North Charleston truck accident attorney from our law firm can:
- Review your case for free
- Address concerns and offer legal advice
- Gather evidence, such as police reports and eyewitness statements
- Collect medical testimonies from expert witnesses to prove the severity of your injuries
- Calculate your losses resulting from the accident
- Investigate and identify possible liable parties
- Handle all communications with insurance companies
- Negotiate a suitable settlement on your behalf
- Take your claim to trial if necessary
Insurance companies advertise as the safety net you can rely on in times of emergency. However, they are for-profit businesses. We can represent you in court if they refuse to pay the settlement amount you deserve.
Liability in a Truck Accident Case
Determining liability in a truck accident case is a vital first step. You can’t attempt to recover compensation until you know who is responsible for your accident. There are many parties that could potentially hold a level of liability in a truck accident case, including:
- The driver of the truck
- The trucking/shipping company
- The cargo loaders
- Third-party vendors
- Trailer owners
- The truck/part manufacturers
- The tire manufacturers
- A maintenance company that worked on the truck
- Another driver on the road whose actions led to your collision with the truck
- Government entities
Due to the numerous parties involved, it can be challenging to determine who is responsible for a commercial truck accident. Often, these parties will attempt to point the finger at each other to shift blame away from themselves. An experienced truck accident attorney in North Charleston can help you sort through the noise and assess who is primarily responsible for your accident.
Comparative Negligence in South Carolina Truck Accident Cases
South Carolina uses a comparative negligence fault system to assign blame after an accident. With comparative negligence, multiple parties can hold a level of fault for a single accident. You will find that the amount of money you can recover is reduced if you are partially at fault for the accident.
The percentage of liability assigned to you will directly correlate with the compensation you are eligible to receive. If you are deemed to have been 20% responsible for your truck accident, you will only be able to recover up to 80% of the full value of your damages.
If you are over 50% at fault for your accident, you will not be able to seek compensation from another party for your injuries. Instead, you may find someone else attempting to recover compensation from you.
What Is the Statute of Limitations for Commercial Truck Accidents in South Carolina?
To ensure you can file a lawsuit and collect damages after a truck accident, it is crucial to be aware of the statute of limitations for commercial truck accidents in South Carolina. According to S.C. Ann. § 15-3-530, truck accident victims have three years from the day of their accident to file a lawsuit with a truck accident attorney. Those who fail to file a lawsuit within three years cannot file a claim and collect compensation for their damages.
It is essential to work quickly after a commercial truck accident. Though you may have three years to file a claim, the longer you wait, the less likely you will receive a settlement. To increase your chances of winning a payout, talk to an attorney for truck accidents to learn if you could be eligible for compensation to recover your personal and financial losses.
Can I Afford a Truck Accident Lawyer?
Commercial truck accidents can cause catastrophic damage to your health and financial well-being. It is likely that, after a truck accident, you sustained severe injuries that may have prevented you from working or continuing your daily routine. You may have a pile of unpaid medical bills you are unsure how to pay, with even more treatment to come down the road.
We understand legal fees may prevent truck accident victims from seeking legal aid. On that note, we have good news for you — our personal injury law firm works on a contingency fee basis.
There are no up-front costs, hourly rates, or out-of-pocket expenses. Our clients can benefit from our help without worrying about the cost. Our North Charleston personal injury lawyers only get paid if and when we win your case.
What Type of Truck Accident Claims Do We Represent in North Charleston, South Carolina?
Many factors can lead to a semi-truck accident in South Carolina. While it is not easy to determine who is at fault for a truck accident, we know there are certain influencers that increase the chances of an accident occurring, such as driver fatigue or negligence. Common types of truck accident claims we represent include but are not limited to the following:
- Traumatic brain injuries
- Traffic violations
- Driving under the influence
- Hazardous weather conditions
- Dangerous road conditions
- Driver fatigue
- Overloaded cargo
- Equipment failure/malfunction
- Reckless or aggressive driving
No matter how your truck accident in South Carolina occurred, help is available. Talk to a North Charleston truck accident lawyer about your options to learn more.
Speak with a Truck Accident Lawyer for Free
If you or a loved one are suffering after a truck accident, it is time to get help. You don’t have to hide your pain. Truck accident attorneys in North Charleston are here to help you get the justice you deserve after a tragic or life-threatening commercial truck accident.
When you’re ready to speak with a North Charleston truck accident lawyer, reach out to Miller, Dawson, Sigal & Ward Injury Attorneys. Call us or contact us online. You can trust the Thumbs Up Guys at our North Charleston law office to provide excellent legal advice.
We offer free consultations for you to learn more about your legal options.