If you were hurt in a trucking collision in Beaufort, SC, do not take accountability for the crash. A trucker, their employer, or another at-fault party may be at fault. To figure out who is responsible, contact a Beaufort personal injury lawyer.
The Shelly Leeke Law Firm has helped truck accident victims for over a decade. Our Beaufort truck accident lawyer is available to learn about your case. Get in touch with us today.
We are happy to offer a free consultation as a way to educate you on your legal rights and give you the support you need right now. Our attorneys know how to hold those who hurt you accountable. Let us provide you with the insight we have come to gain in our decade-plus of experience and put it into what your case may be worth.
Causes of Truck Accidents
According to the Trucking Industry Trends, Statistics, & Forecast – 2023 Edition, there are 13 million registered trucks in the United States. Many truckers act responsibly, but trucking crashes are still reported every day. Common reasons why these collisions happen include:
- Driver fatigue
- Distracted driving
- Intoxicated driving
- Poor road or weather conditions
- Cargo not loaded properly
- Vehicle or equipment failure
- Aggressive driving
- Lack of experience or training
If you suffer a traumatic brain injury (TBI) or any other harm in a trucking collision, the Shelly Leeke Law Firm can help you out. Our Beaufort truck accident attorney can review your case and help you determine if now is the right time to submit a claim. For more information, reach out to us.
Hours of Service Regulations for Truckers
The Federal Motor Carrier Safety Administration (FMCSA) has hours of service requirements in place for truckers and their employers. Basically, these regulations state that truck drivers must take regular breaks. If a truck operator spends too much time behind the wheel, they may get tired and get into an accident.
A trucking collision can happen due to a trucker choosing not to comply with these regulations. In this situation, the driver and their employer could be accountable. You may be able to hold both parties responsible as part of an injury claim.
Many regulations apply to truck drivers and their employers across the United States. You may be able to prove a trucker or their employer violated any of these, which led to your collision. If you can, you will be able to show negligence, which may compel a judge or jury to award you damages.
What to Do After a Truck Collision
You have already suffered the injury itself and perhaps obtained medical care. Now, you are wondering what steps to take to protect yourself moving forward. To better understand what you can do to protect your case, consider what you should do after a truck collision.
Keep in mind that if you make a mistake in these areas, it is okay. Get to the emergency room, get the care you need, and continue to receive the care your doctor recommends. Then, contact our Beaufort truck accident lawyer immediately for help.
What you do just moments after your truck accident has far-flung effects. If you respond appropriately, you can put yourself in the best position to file a lawsuit and secure damages from any at-fault parties. Here are things you can do to build your truck crash case.
Call 911
Let medical personnel and police officers come to the accident scene. Allow medical professionals to examine you, treat your injuries, and bring you to an emergency room as needed. In addition, speak with police officers, and they will use the information that you and others involved in the crash provide to prepare a collision report.
Get the Trucker’s Information
Ask the trucker for their first and last name, driver’s license information, insurance information, and employer. Write down the license plate of the driver’s truck, too. This allows you to contact the driver’s insurance company and employer, provide them with relevant information about their involvement in your crash, and seek compensation.
Take Photos and Videos
Take photos and videos of your injuries, any damage to your vehicle, and the truck involved in your collision. You only get one opportunity to capture photos and videos at the accident scene. Make the most of this opportunity by getting as much evidence as you can.
Connect with Witnesses
If anyone saw your accident happen, get their contact information. Crash witnesses may be able to submit statements on your behalf. They can detail what occurred during your collision, which may help you get compensation from any at-fault parties.
Notify Your Insurance Company
Tell your auto insurance provider about your crash. This works much in the same way it would if you were involved in a car accident. Your insurer can contact the at-fault trucker’s insurance company and work with your car accident lawyer to get your compensation.
Get Medical Care
Do not let your health deteriorate only because you have concerns about the costs of medical treatments. Continue to go to a doctor and receive care for any injuries you have suffered. Organize your medical bills, and you may be able to use them to show a judge or jury the severity of your injuries.
Partner with a Truck Accident Lawyer in Beaufort
Select a truck accident attorney in Beaufort who has received many positive client reviews. Your lawyer can take a look at your case and discuss your legal options with you.
Even if you believe you may be partly responsible for your collision, it is in your best interests to consult with an attorney. This allows you to get insights into your case from someone who knows the ins and outs of South Carolina’s laws. A lawyer can help you identify the at-fault party and determine how much your claim against them may be worth.
Do not admit to any fault in your case, but instead, let us handle the process. Let our truck accident attorneys guide you through the process of identifying who can be held responsible for the result of your accident.
Who May Be Responsible for a Trucking Crash
Before you file a lawsuit, determine who is liable for your truck crash. One or more parties can be held responsible. Examples of at-fault parties in trucking crashes include:
- Truck drivers
- Trucking companies
- Truck owners
- Trucking maintenance providers
- Government entities
It may be possible to show that multiple parties were negligent. For example, a trucker is required to have a commercial driver’s license (CDL) but may have been operating their vehicle without one. In this example, you may be able to show that both the trucker and their employer were aware of this — and both parties can be held accountable for your losses.
How Much Time You Have to File a Claim
According to South Carolina Code §15-3-540, there is a three-year statute of limitations for personal injury claims. This means you have a maximum of three years from the date of your trucking collision and injury to sue anyone responsible. It is in your best interests to consult with an attorney as soon as possible after your crash so you can submit a claim before the window to do so expires.
Just because you have grounds for an injury claim does not mean your request for compensation will be successful. An at-fault party and their insurance company may do whatever they can to avoid paying your damages. With help from an attorney, you can overcome any legal challenges you face with your claim.
Your attorney helps you file your claim and build a compelling argument. They look at photos, videos, medical records, and other evidence that may be used to support your case. From here, they keep the lines of communication open, ensuring you are well-positioned to secure a fair settlement.
Damages You Can Recover in a Trucking Collision Lawsuit
Economic and non-economic damages can be awarded in truck crash cases. You can ask for economic compensation for your medical bills, lost wages, and other quantifiable losses. Along with these, you can pursue damages for pain, suffering, and other non-economic losses.
Based on South Carolina Code §15-3-540, punitive damages can be awarded with economic and non-economic compensation. A judge or jury awards punitive compensation to deter an at-fault party from acting negligently again. Punitive compensation is capped at $500,000 or three times the amount of compensatory damages awarded, whichever total is greater.
Your lawyer helps you calculate your quantifiable and subjective losses. They consider the short- and long-term ramifications of your injury. This helps your attorney come up with a reasonable amount of damages to request.
How Compensation Works in a Truck Accident Case
Modified comparative negligence can impact how much money you get in a trucking collision lawsuit. Per the South Carolina Contribution Among Tortfeasors Act, you cannot get compensation in a personal injury lawsuit if you are found to be more than 50% responsible. For a better understanding of how this works, consider an example.
You can sue a trucking company for $10,000. A judge or jury may find you were speeding at the time of your accident and, as such, say you were primarily responsible. In this scenario, you are not awarded any damages, even if both you and the truck business share responsibility.
Comparatively, you can request $10,000 in damages from a truck company and be found to be speeding, but the defendant is considered primarily responsible. In this situation, you are awarded damages, but your percentage of fault reduces the compensation you receive. Thus, if you were 20% at fault, you would get $8,000 in compensation.
Evidence You Can Use in a Truck Accident Case
Collect and preserve evidence from the scene of your trucking accident. Next, search for additional proof you can use to support your claim. Examples of evidence you may be able to use in your case include:
- A truck’s black box
- A truck’s in-cab camera footage
- Trucker logbooks
- Truck maintenance records
- Trucker’s driving records
- Trucker’s alcohol and drug tests
- Trucker’s personnel and cell phone records
Your attorney may help you collect an abundance of evidence. Each piece of proof you obtain may play a key role in your case. You must provide a preponderance of evidence to prove negligence and receive damages.
How to Prove Fault in a Trucking Accident Case
You must show that an at-fault party was negligent before a judge or jury will award damages. This requires you to prove that the four elements of negligence were present when your trucking collision happened. These are:
- Duty of Care: An at-fault party had a legal obligation to avoid careless and reckless acts.
- Breach of Duty of Care: The party violated their obligation to you.
- Causation: Because the party acted carelessly or recklessly, you suffered an injury.
- Damages: You incurred economic or non-economic losses due to the party’s actions.
It is your responsibility to show that these elements were present, regardless of whether you suffered a catastrophic injury or any other harm. Work with an attorney to build a body of proof. This can help you gather enough evidence to show you were in no way responsible for your injury.
How Much Your Trucking Collision Case Is Worth
The average settlement for a car or truck accident varies. You may be able to secure compensation based on your immediate and long-term losses. To figure out how much your case is worth, get help from an attorney.
What you ask for in compensation is not necessarily what you will receive. For instance, you may get a settlement offer that is less than what you originally requested but still provides you with adequate compensation. You may approve this proposal, get a fraction of the compensation you initially asked for, and close your case.
When you get a settlement proposal, you are under no obligation to approve it. Your attorney may advise you to reject a settlement offer if it falls well short of what you request in damages. If you decline this offer, you and your truck accident lawyer in Beaufort keep working together to strengthen your case.
What Not to Do After a Truck Accident
You may get a call from the at-fault trucker’s employer or an insurance company just days after your collision. At this point, they may propose a settlement or pressure you to make a statement. Do not approve the settlement or say anything since doing so can put your claim in danger.
If you accept a settlement, it may be much less than what you could get if you bring your case to trial. Meanwhile, if you say anything on the record about your crash, you may inadvertently accept some or all of the blame for it. Remember, anything you say can be used against you, so let a lawyer speak about your case on your behalf.
Be careful about what you post online about your trucking crash and injury, too. The defendant in your accident lawsuit may search on the web for any photos, videos, and other content to show that your injury is not as severe as you report. Instead of publishing content online, provide family members, friends, and others with updates about your injury via phone calls, emails, text messages, and video calls.
What a Beaufort Truck Accident Attorney Will Do for You
When you are facing the challenges of a truck accident, you are likely dealing with complicated medical conditions and long-term rehabilitation. You need a trusted and proven legal firm to fight for your rights. When you call our Beaufort truck accident attorneys, we go to work handling every aspect of your case.
Our goal is to help you focus on your recovery, and that means giving you all of the support and legal guidance you need and handling every aspect of your case possible. We are passionate advocates for our clients, and we fight tirelessly to prove your losses and get you compensation. Hiring an attorney could empower you to recover the compensation you need to move forward.
It is not uncommon for insurance companies to encourage you to settle your claim early and often for just a fraction of your losses. Our goal, as your truck accident legal team, is to prove what you are really owed. To do that, we will pursue legal support for our clients in a number of ways.
Determine Who Is at Fault
As noted, more than one party could be at fault in a truck accident, and for that reason, we aim to seek out a full re-creation of your accident when necessary to prove what really happened. Let our legal team work closely with you to better understand all of the details of your case. We will then examine your case to determine why this happened and what we can do about it.
Gather Evidence to Prove Your Losses
This is a big part of what we do to ensure our clients receive fair compensation for their losses – we gather the evidence out there to prove it. We talk to the medical professionals, experts in the field, and anyone else who can demonstrate what your future may be like due to this accident. This information enables us to help you file the maximum compensation claim.
Negotiate and Handle the Insurance Company
Our Beaufort truck accident lawyers work with the insurance company to verify all of the details of your claim and answer any questions they may have. We can produce additional evidence, when possible if they need it, and at the same time, we protect your right to privacy. You deserve a trusted attorney who will aggressively work to protect your rights.
Minimize the Risks to You in Your Case
Our truck accident attorneys in Beaufort know that our clients are often victims of abuse from insurance companies who will do whatever they can to reduce the compensation paid. For that reason, we handle the conversations and manage the entire legal process on your behalf. Every situation is one we take seriously as we fight to protect your rights.
Go to Court When It Is Necessary to Do So
There are many situations in which seeking compensation from an insurance company does not go as planned, and for that reason, we will seek legal compensation in a court of law. This enables a judge and jury to determine if you are owed compensation and, if so, how much you may be owed. As highly experienced trial attorneys, we will not disappoint you in this legal process.
What to Do if Your Close Family Member Died in a Truck Accident
There are many situations in which truck accidents lead to fatalities, which ultimately means our clients are faced with trying to recover from emotional devastation, and in many situations, we recognize the importance of remaining by your side through this process. Wrongful death claims in truck accidents are always pursued by highly skilled truck accident attorneys because the at-fault party will put their best attorneys in this case as well. When you allow us to represent you and your family member’s losses, we can help you in numerous ways:
- Gather insight into the cause and all parties responsible. This includes trying to gather evidence that proves the negligence and recklessness that led to your losses.
- Determine the compensation owed due to your family member’s losses. This often includes losses related to funeral costs, burial costs, end-of-life medical care and expenses, and lost wages.
- Pursue compensation for your losses as well. This may include seeking compensation for those who were financially dependent on the person who lost their life so that you can begin to work towards building your future.
- Head to court to fight for your family member. These are some of the most challenging personal injury cases, and that often means we end up in court fighting for you. Our experience ensures that you always know what your rights are.
- Alleviate the frustrations you feel in these challenging times. Our Beaufort truck accident attorneys in Beaufort will provide you with the support you need now, including answering questions and guarding your right to privacy.
Nothing we can do will make this better for you, but with our comprehensive legal experience and passionate legal representation, expect us to do everything we can to help you recover financially. When your family member has died due to the recklessness of a truck driver, put us to work for you. You know that our legal team at The Shelly Leeke Law Firm is ready to support you.
You Owe Us Nothing if We Do Not Win Your Case
At The Shelly Leeke Law Firm, we know the financial devastation and long-term recovery that comes from truck accident cases in Beaufort. Our first level of support for you is a free consultation to discuss your case with an experienced personal injury attorney qualified to handle complex truck accident cases. Learn what your rights are, and if you do not have a case, we will tell you that upfront.
If you do have a case, we get to work with your permission and agreement to the terms and conditions. When we move forward, we go to work hard for our clients, ensuring superior legal representation throughout this process. We will work aggressively to protect your rights throughout this process.
In rare situations where we do not win compensation for you as your truck accident attorney in Beaufort, you do not pay us for any of our legal services. That means you get the legal support you need in this very difficult time without the risk of not winning your case. There is simply no reason not to reach out to our legal team for guidance right now.
Do Not Settle Until You Speak to Us
It is critical to us to provide our clients with comprehensive legal guidance, and we know exactly what aggressive insurance companies can do to get you to settle. When you come in for a free consultation, we will provide you with insight into whether you could receive additional compensation or if the offer from the insurance company could be fair. This way, you get the peace of mind you need right now to know if you should settle or pursue additional compensation.
Get Started with a Truck Accident Claim
Do not wait to hire a Beaufort truck accident lawyer. The Shelly Leeke Law Firm is available to help you with your trucking crash claim. To schedule a free case consultation, contact us today.
