Accidents involving trucks are far from uncommon. While some truck accidents are "open and shut" cases, others may be complicated by the at-fault driver failing to admit fault or by the insurance companies refusing to fairly compensate the injured parties. When this happens, it's crucial for the affected parties to hire a personal injury law firm to investigate the details of the accident and represent them in settlement negotiations or in court.
I Was Hit By a Truck: What Should I Do?
Truck accidents are often the deadliest and most traumatic types of motor vehicle accidents. Understanding how to respond is crucial for protecting yourself and pursuing fair compensation.
- Get to a safe location. Move your vehicle away from oncoming traffic (if it is safe to do so) and check to make sure the other driver is okay.
- Notify first responders. If anyone involved in the accident needs immediate medical attention, call 911. If not, call the local police line and notify them about the accident. They will investigate the accident site, interview witnesses, and file a police report.
- Record details of the accident. Even though the police will file a report, it is a good idea to document the accident yourself. Take pictures of the damage, the accident scene, and your injuries. Exchange contact and insurance information with the truck driver and other witnesses.
- Get a medical evaluation. Even if you do not feel harmed, you should still get a medical evaluation. Some of the most serious injuries resulting from truck accidents (such as head, spine, or neck injuries) may not present obvious symptoms at first. Having a medical evaluation also proves that you took care of yourself, and did not put off medical treatment or allow your condition to get worse to pursue a claim.
- Notify your insurance company. File an accident report with your insurance company, but do so cautiously, and without incriminating yourself or admitting fault.
- Hire a truck accident lawyer. A truck accident lawyer understands the complications surrounding a truck accident and can handle further communications between you and the insurance company or the truck driver who hit you.
South Carolina Truck Accident Laws
South Carolina truck accident laws enable truck accident victims to seek compensation for their injuries and damage to their vehicles. In South Carolina, the at-fault party is responsible for damages as long as they are more than 51% at fault. You can seek compensation for economic damages like medical bills or lost wages, as well as non-economic damages, like pain and suffering.
Commercial truck drivers are typically held to a higher standard by the law because operating a truck is much more dangerous than other types of vehicles. However, there are legal complexities involved in such cases that may necessitate hiring a qualified and experienced truck accident attorney.
Should I Hire a Truck Accident Lawyer?
When a truck driver is accused of causing an accident, they will have the support of their employer's legal team to try and shift some or all of the blame to you or other extenuating circumstances. If they are successful in doing this, you may not be compensated fairly - or at all. You may also face resistance from insurance companies who may pay less than you deserve or delay payouts. Considering all that you stand to lose, it can make a huge difference to have a truck accident lawyer on your side who is familiar with the law and practice, and can help you secure the compensation you deserve.
What Are the Key Responsibilities of a Truck Accident Lawyer?
A truck accident lawyer's primary role is to understand your goals and represent your interests only. A good lawyer will thoroughly investigate your claim, present your legal options, and file all relevant paperwork on time in a court of appropriate jurisdiction. They should handle all negotiations with insurance companies, trucking companies, and law enforcement, allowing you to focus on healing your injuries.
While any South Carolina attorney can file a lawsuit, an experienced truck accident lawyer will be able to understand all nuances and anticipate potential issues. They will conduct a thorough investigation of your case, which includes interviewing witnesses, reviewing police reports, and examining trucking company records. They may also consult with accident reconstruction experts to understand the cause of the accident. They will be able to estimate your total losses (past and future) and fight hard for your right to receive fair compensation in court or settlement proceedings.
Can I File a Lawsuit Without a Lawyer?
While it is possible to file a lawsuit without a lawyer, it is generally not advisable in major truck accident cases. Truck accident cases involve intricate laws and regulations that a layperson may not be able to navigate on their own. You do not want to spend months preparing your pro se lawsuit only to have it dismissed for missing an important deadline or making a procedural error.
How Do I Find the Right Truck Accident Lawyer?
Finding the right truck accident lawyer in South Carolina can be a challenge, especially if you're unfamiliar with the legal system. You can start by speaking to family and friends for reference. Next, you may search for websites of shortlisted attorneys. Most lawyers who have many years in the field will have a website that outlines their experience handling truck accident cases, a history of successful settlements and verdicts, and information about their fee structure. You want to be looking for a lawyer who is responsive, empathetic, and knowledgeable about truck accident laws. Avoid any attorney who brings up non-refundable fees or promises a certain outcome.
Questions To Ask a Truck Accident Attorney
It is a good idea to have a list of questions ready before your initial consultation. Here are a few helpful questions to start out with:
- What is your initial assessment of my case?
- How much of your practice is dedicated to truck accident cases?
- How do you calculate damages in truck accident cases?
- Who will be my main point of contact?
- What is your fee structure?
- How long do you expect my case to take to settle?
What Does a Truck Accident Lawyer Do: FAQs
Who Is Liable In a Truck Accident?
Determining liability in a truck accident can be complex as it often involves federal regulations and/or multiple responsible parties: the truck driver, trucking company, truck manufacturer, and even third-party maintenance providers can be held liable depending on the circumstances of the accident.
How Long Does a Truck Accident Lawsuit Take?
The duration of a truck accident lawsuit varies based on the complexity of the case, the willingness of parties to settle, and court schedules. It can take anywhere from several months to a few years to resolve. Remember, the statute of limitations for filing a truck accident injury claim is three years in South Carolina. This is why it is important to start the process as soon as possible.
What Is the Average Settlement For a Semi-Truck Accident?
The average settlement for a semi-truck accident varies, based on the severity of injuries, extent of property damage, and specifics of the case. Settlements can range from tens of thousands to several million dollars.