Whether you are waiting on your Amazon package, an outfit for your child’s school project, that new book you wanted to read, or essential or confidential documents, we have come to rely on delivery trucks in more ways than one. Delivery truck drivers are held to a higher standard than other motorists who do not carry commercial driver’s licenses (CDLs). Unfortunately, that does not prevent truckers from driving unsafely or causing catastrophic motor vehicle wrecks.
If you were severely injured in a collision, a reputable Charleston delivery truck accident lawyer from Shelly Leeke Law Firm may be able to help you through these challenging times. We offer a no-win, no-fee guarantee so you can take legal action without jeopardizing your savings. Connect with a trial-tested Charleston truck accident lawyer at our firm by scheduling a free consultation so we can learn more about how your accident occurred and take the necessary steps to make the liable party pay.
What Reduces the Amount Paid in a Claims Settlement?
Before your settlement is paid out, the court system will determine what your percentage of fault is – this is the amount that will be taken out of your settlement. For example, if you were 5% at fault, you would receive 95% of your award. Having a powerful Charleston personal injury lawyer handling your delivery truck accident case will be crucial if the defendant raises partial fault accusations.
Your settlement can be reduced if you are partially responsible for causing the delivery truck accident. South Carolina is a modified comparative negligence state with a 50% bar per the South Carolina Contribution Among Tortfeasors Act. If you are more than 50% responsible, you cannot recover compensation for your damages, but if you are less than 50% responsible, you can still receive a settlement at a reduced rate.
Delivery Truck Accident Injuries in Charleston Are Often Debilitating
Since delivery trucks are often significantly larger than standard-sized vehicles, the injuries victims sustain are often more serious than those in traditional motor vehicle wrecks. Injury victims may be more likely to be ejected from their vehicles, suffer airbag or seatbelt injuries, or even require the jaws of life to extract them from the vehicle after the accident. Our clients have reported countless types of injuries to our Charleston delivery truck accident lawyers, including:
- Paralysis
- Loss of limbs
- Traumatic brain injuries
- Shoulder injuries
- Burn injuries
- Neck injuries, including whiplash
- Back injuries
- Broken jaws and dental trauma
- Facial disfiguring
- Post-traumatic stress disorder (PTSD)
- Spinal cord injuries
These are only a few examples of potential injuries that are possible in delivery truck accidents. The amount of compensation you could be awarded will be based on the nature of your injuries, not the type of injuries you suffered. It stands to reason that the more serious your injuries are, the more compensation you could be awarded in your personal injury lawsuit and insurance claim.
Charleston Delivery Truck Accident FAQ
How Much Are Most Truck Accident Settlements?
Most truck accident settlements include compensation for the injury victim’s economic and non-economic damages. If you have been seriously injured in a delivery truck accident, you should be fully repaid for the various ways your life has been affected by not only the injuries you suffered but also the accident itself. Examples of these potentially recoverable damages included in the South Carolina Non-Economic Damage Awards Act of 2005 include:
- Reduced quality of life
- Wages, future earnings, and employee benefits
- Medical bills, equipment, accommodations, and devices
- Future healthcare cost
- Out-of-pocket medical expenses
- Chronic pain and suffering
- Loss of love, guidance, companionship, support, and advice
- Loss of an intimate spousal relationship
- Emotional distress and mental anguish
Is the Shipper Liable for the Truck Accident?
It depends on whether the shipper’s negligence contributed to the cause of the collision. If the shipping company overloaded the delivery truck, for example, then the shipper could certainly be sued for the victim’s damages. However, if the shipper did not violate their duty of care to motorists or consumers, then they may not be named in the injury victim’s lawsuit or insurance claim.
How to Debate a Settlement to Get More Money from a Car Accident?
Your Charleston delivery truck accident attorney with Shelly Leeke Law Firm will be responsible for negotiating your settlement with the insurance company and at trial. We will work tirelessly to ensure we have accounted for every loss and have refined our approach to your negotiations. You can do your part to get the most out of your delivery truck accident claim by:
- Learning as much as possible about the car accident and personal injury claim process.
- Understanding the true value of your damages.
- Hiring a highly experienced and trial-proven delivery truck accident lawyer in Charleston.
- Filing your delivery truck accident claim as soon as possible.
- Resisting the urge to accept a rushed insurance settlement offer.
- Preserving the evidence you may have collected at the accident.
- Avoiding giving the insurance company a statement or discussing your case with the insurance adjuster.
- Refraining from posting about the incident or your case on social media.
How to Negotiate with an Insurance Adjuster
To negotiate with the insurance company, you should go into the negotiations with as much supporting evidence as possible. You should understand the true value of your damages so you know the least amount of compensation you should accept. Never accept the first settlement offer, and always read the fine print with your Charleston car accident lawyer before you agree to anything.
Meet with a Respected Delivery Truck Accident Lawyer in Charleston Today
The process for recovering compensation after a delivery truck accident can be particularly involved. Not only do we need to investigate and determine how much compensation you should be awarded, but we also need to negotiate with profit-motivated insurance providers and prepare to bring your case to trial. Make sure you have the right delivery truck accident attorney in Charleston advocating for your rights if you hope to get the most out of your claim.
With Shelly Leeke Law Firm on your side, you do not need to feel overwhelmed or unsure of what the future might bring. Our team will ensure you have a firm understanding of the potential outcomes and plan for the worst so you are prepared. When you are ready to be proactive with your personal injury claim, call our office or fill out our secured contact form to schedule your free, no-obligation consultation as soon as today.
