A negligent driver crashes their delivery truck into your car, resulting in an injury. At this point, partner with a Beaufort delivery truck accident lawyer. Together, you and your attorney can review your legal options and decide if now is the right time to file a lawsuit.
The Shelly Leeke Law Firm has more than a decade of personal injury case experience. Let our Beaufort truck accident lawyer take a look at your case. Contact us today to get started.
Who Is Responsible for a Delivery Truck Accident
A Beaufort personal injury lawyer evaluates your case carefully. They understand a truck driver or their employer may be liable for your accident. Other parties can also be at fault, including:
- Cargo loader
- Government entity
- Truck manufacturer
- Vehicle maintenance crew
A Beaufort car accident lawyer at the Shelly Leeke Law Firm can provide South Carolina truck accident statistics and other data relating to your case. Our delivery truck accident lawyer in Beaufort can evaluate your case and help you determine if you have a legitimate case. For more information, reach out to us.
When to File a Delivery Truck Accident Lawsuit
In terms of how long you have to file a lawsuit after a truck accident, there is a three-year statute of limitations. Typically, you have a maximum of three years from the date of your accident to ask for damages from any liable parties. After this window closes, you may be 100% responsible for your accident-related losses.
A delivery accident attorney in Beaufort will encourage you to submit your claim promptly. In many instances, your claim will go through your car insurance company. Following your accident, you can notify your automobile insurance company, and they may work with an at-fault party’s insurer to help you get compensation.
Just because you and the other party have insurance coverage does not guarantee you will get damages. A liable party and their insurer may commit time and resources to dispute your claim. Thus, you may have to file an injury lawsuit to secure damages.
Damages You Can Get in a Delivery Truck Accident Lawsuit
You may be eligible for economic and non-economic damages. A judge or jury may award economic damages for your quantifiable losses and non-economic compensation based on your subjective harm. Reasons why damages are awarded in truck accident cases include:
- Car repairs or replacement
- Emotional trauma
- Loss of enjoyment
- Lost wages
- Medical bills
- Pain and suffering
Your lawyer can explain compensatory damages and how they relate to your case. In addition, they can help you calculate your losses. Next, your delivery truck accident attorney in Beaufort can craft an argument designed to compel a judge or jury to award you full damages.
Proving Negligence
Before you get damages, you will have to prove an at-fault party was negligent. This requires you to show that you are in no way at fault for your accident. As part of their efforts, your Beaufort delivery truck accident lawyer can gather evidence that shows the following elements of negligence were present at the time of your delivery truck accident:
- Duty of Care: A party had a legal requirement to practice a reasonable standard of care.
- Breach of Duty of Care: The party acted in such a way that you and others were put in danger.
- Causation: Since the party chose to act the way they did, they caused your accident.
- Damages: As a result of your accident, you face quantifiable or subjective losses.
Your attorney can provide you with a breakdown of negligence laws in South Carolina. In the best-case scenario, you have a wealth of evidence that proves negligence. With this body of proof, a judge or jury may have no qualms about awarding you the damages you request.
How Comparative Negligence Can Impact Your Damages
Your percentage of fault can have far-flung effects on your accident damages. If a judge or jury finds you are partially liable, your damages can be reduced by your percentage of blame. In a situation where you are more to blame than the defendant in your case, you may not be able to recover damages.
As an example, a judge or jury says you are 20% liable for your delivery truck accident. This means the defendant is mostly responsible, and they may be ordered to pay 80% of your damages, and you are partially responsible for your remaining losses. Alternatively, in a situation where a judge or jury finds you to be 51% at fault, you may be responsible for all of your accident-related losses.
Your lawyer can provide insights into how South Carolina’s negligence laws can impact claim value. They will focus on making your case as strong as possible. If your Beaufort delivery truck accident attorney succeeds, a judge or jury will see that an at-fault party should be held fully accountable for your losses.
Settling Your Case
An at-fault party or their insurance company can present a settlement at any time leading up to your trial. If you receive a settlement proposal, it is recommended to discuss it with your delivery truck accident lawyer in Beaufort. Then, you and your attorney can evaluate the offer in detail and figure out what to do next.
Your lawyer wants you to get the best case results. If you receive a settlement that forces you to leave a lot of money on the table, your attorney may advise you to decline the proposal. Regardless, you have the final say on what to do with an offer.
If you are concerned that a settlement offer is far less than what your case is actually worth, you can decline the offer without incurring any penalties. Your Beaufort delivery truck accident lawyer can notify the defendant or their insurance company about your decision. Moving forward, you and your attorney can keep exploring ways to strengthen your case.
Request Legal Help with Your Delivery Truck Accident Case
The consequences of an accident involving a delivery truck can be significant. At the Shelly Leeke Law Firm, we can guide you through the legal process and put you in a great position to receive compensation that meets your expectations. Contact us today to schedule a free case consultation.
