When you or someone you love suffers catastrophic injuries after a collision with a tractor-trailer, you may feel scared and confused. It is not uncommon for victims to be unsure of what the next steps should be. Fortunately, when you contact an experienced Columbia personal injury lawyer at Shelly Leeke Law Firm, you can get the legal guidance and support you need when you need it most.
We have 10+ years of experience helping victims recover the compensation they deserve. Your Columbia truck accident lawyer can protect your rights and help you navigate a complex claims process. Contact us today to learn more.
Common Causes of Truck Accidents in Columbia
Understanding the cause of a truck accident is one of the most important first steps. It allows your Columbia car accident lawyer to better understand what circumstances led to the development of this accident. It also helps us to better understand fault.
Your case is unique. Using the information from the accident and the evidence we uncover, we will determine what happened. That can give you some peace of mind and help you start formulating your compensation claim.
Your truck accident lawyer in Columbia, SC, will need to figure out who is responsible for causing your severe injuries if you hope to be awarded the compensation you are entitled to. Examining how the collision occurred will point your attorney toward the at-fault party. Here are some of the most common causes of car accidents:
Driver Negligence
Negligent driving is arguably the most common cause of truck accidents. This occurs when truck drivers fail to operate the big rig as safely as they are expected. Some examples of negligent driving could include:
- Speeding
- Driving under the influence of drugs
- Tailgating
- Drunk driving
- Making unlawful turns
- Impaired driving
- Drowsy driving
- Distracted driving
- Failure to use a turn signal
- Failure to stop or yield
- Aggressive driving
- Failure to check blind spots
- Reckless driving
We do not always rely on police reports as the only source of information. We gather the evidence and work to better understand what occurred. Expect us to work hard to prove your losses.
Other Causes of Truck Accidents in Columbia
Truck driver negligence is not the only cause of commercial truck accidents in Columbia. In fact, it might surprise you to learn that commercial truck accidents can involve multiple at-fault parties. Some other common ways in which commercial truck accidents occur include:
- Poor road conditions, such as lack of street signs or traffic lights, lack of street lamps, unsecured road construction zones, and potholes.
- Defective truck parts, including issues with the braking systems, power steering, tires, airbag inflators, fuel tanks, and other malfunctioning parts.
- Poor weather conditions and failure to operate a commercial vehicle safely in Inclement weather.
- Failure to properly secure the cargo 18-wheeler trucks carry.
Types of Truck Accidents that Warrant Legal Action
The type of trucking accident you were involved in will determine whether you have the right to take action against the liable party. Your truck accident lawyer in Columbia must be able to demonstrate the defendant’s negligence, meaning someone else must be responsible for causing the accident. Some of the most common types of truck accidents our Columbia clients have been involved in include:
- T-bone accidents
- Jackknife accidents
- Tire blowouts
- Driving while fatigued accidents
- Car versus truck accidents
- Rear-end collisions
- Drunk driving accidents
- Drugged driving accidents
- Sideswipe accidents
- Underride accidents
- Reckless driving accidents
- Single truck accidents
- Motorcycle versus truck accidents
- Multi-vehicle truck pile-ups
- Head-on truck accidents
- Pedestrian versus truck accidents
- Wrongful death
Not only will the type of collision you were involved in determine whether you have grounds for a claim, but it will also help your personal injury attorney figure out who is responsible. For example, in a tire blowout accident, we would know to examine the tire manufacturers for culpability. However, in a single truck accident, we would evaluate the commercial truck driver, the trucking company, and other potentially liable parties.
Who to Sue for Your Columbia Truck Accident Damages
Figuring out who to sue for your damages is one of the top responsibilities your truck accident attorney in Columbia, SC, will take on. There are a multitude of parties to sue, depending on the specific circumstances of your case. For example, in the event a negligent truck driver is responsible for causing your accident, not only could you sue that truck driver, but you may also have grounds for legal action against the trucking company that employs the truck driver.
These trucking companies must thoroughly review employee applications and conduct background checks before hiring truckers. Sometimes, they shirk these responsibilities or force truckers to violate Federal Motor Carrier Safety Administration (FMCSA) work-hour rules and regulations. When this happens, these companies can be held accountable in order to cover the victim’s damages in full.
You may have no idea if the trucking company is responsible. That is okay. It is our goal to figure out these details and hold the responsible party accountable.
Other Liable Parties
However, negligent truck drivers and trucking companies are just some of the parties who could share fault. Our team will do everything possible to ensure all parties that share liability are held accountable. Some of the other parties who could be named in your insurance and civil claims include:
- Cargo loaders
- Government agencies
- Dram shops in violation of S.C. Code Ann. §61-4-580
- Social hosts
- Municipalities
- Truck maintenance technicians
- Truck safety inspectors
- Motor vehicle dealerships
- Truck manufacturers and distributors
A thorough analysis of the cause of your truck accident will reveal who should be sued for your damages. You can be sure your Columbia catastrophic injury lawyer will thoroughly investigate. This way, we can ensure that all potentially liable parties are brought to justice.
What Happens After You Hire an Attorney
Generally, once you hire an attorney to take on your case, you can expect your lawyer to handle everything from start to finish. This way, you can devote more of your time and energy towards healing. Some of our initial steps will include:
- Investigating how the accident occurred.
- Gathering powerful evidence to prove liability in your case.
- Speaking with potential witnesses and experts.
- Negotiating with insurance companies.
- Bringing your case to trial if the defendant’s insurance coverage does not suffice.
You should be able to cover all of your costs when someone else is to blame. This may be by filing a claim with the insurance company, bringing your case to trial, or a combination of both options. Our firm is here to walk you step-by-step through the claims process so you can feel confident in your decision to fight for justice.
How Truck Accident Claims Work in Columbia
Our truck accident team is here to help you maximize the amount of compensation you are awarded. The amount that you can expect to be paid for your damages will vary widely depending on several factors. Some of these include:
- The severity of your injuries.
- The various ways your life has been affected by the truck accident and your subsequent injuries.
- Whether the liable party has insurance coverage, and if so, how much coverage they purchased.
Understanding how the truck accident claims process works could help you feel empowered as you navigate your case. The aftermath of the collision can be chaotic. However, once you are prepared for what comes next, you will feel more confident in demanding the liable party to compensate you fairly.
Important Laws Impacting Your Columbia Truck Accident Settlement
There are multiple laws in place that could have an impact on the outcome of your truck accident claim. If you are going to go up against the liable party, it is important to consider the various ways your life could be affected. Knowing your rights is a part of our goal.
Our Columbia truck accident attorney will help you determine how this impacted you. We look at all laws that may apply in your situation. We then guide you in making key decisions.
These laws can be complex. They are often riddled with requirements that are hard to understand. Here are some of the most notable South Carolina personal injury laws that could have an impact on the outcome of your case:
Fault Insurance
South Carolina is a fault state for auto accidents, as described by the South Carolina Department of Insurance, which means you will file a claim with the liable party’s auto insurance provider instead of filing a claim with your own. However, if you purchased no-fault insurance coverage, you may be able to file a claim with your own insurance company as well. We typically do not recommend this, as filing a claim with the insurance company almost always means your auto insurance rates will increase.
Do not expect your insurance policy to cover your damages in their entirety, as insurance is unlikely to compensate you for more than a portion of your medical expenses and auto repair costs. The liable party may only have purchased the minimum amount of auto insurance coverage by law. If this is the case, you will more than likely have an excess of damages the insurance company is not legally or financially obligated to cover.
Meet with our Columbia truck accident attorneys to better understand their implications for your situation. Expect us to help you navigate fault in your case. We always work to protect your right to compensation.
Statute of Limitations and Other Deadlines
The statute of limitations for personal injury lawsuits in South Carolina is three years under the South Carolina Code of Laws §15-3-530. If your lawsuit is filed before time runs out, you will retain your right to compensation via a civil claim against the liable party. However, if your lawsuit is not filed before the deadline, you will no longer have the right to seek damages at trial.
Keep in mind you will also have deadlines when you file a claim with the insurance company. Unfortunately, insurance companies have the authority to set their own deadlines, which means you may have an extremely limited amount of time to get your claim filed. Your attorney can review the insurance policy details at hand to ensure your insurance claim is filed before time runs out.
Our Columbia truck accident law firm can help you at any time. Do not wait. Contact us even if you are unsure or if you believe it may be too late.
Modified Comparative Negligence
If you are partially responsible for causing your catastrophic injuries, you may be prevented from recovering compensation for your damages at trial. This is because South Carolina is a modified comparative negligence state with a 51% threshold under the South Carolina Contribution Among Tortfeasors Act. Your injury settlement will be reduced to account for your portion of liability, but if your percentage of blame exceeds the threshold, you will lose your right to pursue your case in court.
This does not mean you do not have a case. We want to ensure you receive fair treatment. Let us talk to you about the expectations.
In every situation, we will provide you with guidance on how to prove your right to compensation. Even if you have been held at fault, we may be able to help. Contact our Columbia truck accident lawyer for immediate help.
How Columbia Truck Accident Victims Are Compensated
Truck accident victims have the right to be reimbursed for every way their lives have been negatively affected by the collision. The at-fault party will be expected to repay you for a combination of your economic and non-economic damages. This is also commonly referred to as compensatory damages.
Do not assume you know what all of your losses are. Many times, our clients do not know what to expect. We can help you uncover all of your losses.
Economic Damages
Economic damages are the easiest to calculate. They have set financial values that are easily verified with medical bills, receipts, bank statements, and other financial documentation. Some of the most common types of economic damages truck accident survivors are entitled to include:
- Lost wages
- Co-pays
- Medical treatment
- Out-of-pocket costs
- Loss of future potential earnings
- Ineligibility for employee benefits
- Auto repair expenses
- Costs of purchasing a new vehicle
- Damage to your credit score
- Increased auto insurance premiums
- Loss of household services
Analyzing all of your losses is critical. Make sure you consider all aspects of your financial loss. Our truck accident legal team will help.
Non-Economic Damages
Non-economic damages are a little more challenging. Their impact on your life will determine how much you can receive in compensation. Some examples of non-economic damages you could have the right to recover include:
- Pain and suffering damages
- Emotional trauma and distress
- Loss of companionship, love, and support
- Embarrassment from skin scarring or disfigurement
- Loss of guidance, advice, and society
- Indignity and shame
- Inconvenience
- Psychological distress
- Anticipation, apprehension, or fear
- Diminished quality of life
Let us uncover additional costs. Discuss your case with our attorneys now. Every situation warrants hands-on support from an experienced attorney who can help fight for the compensation owed to you.
Punitive Damages
Punitive damages have a reputation for being awarded frivolously. However, the truth is quite the contrary. Punitive damages are only awarded when a defendant’s actions are deemed grossly negligent, reprehensible, abhorrent, or intentionally malicious per South Carolina Code §15-32-530.
Not every car accident victim will be entitled to punitive damages. In fact, no one is entitled to punitive damages. They are only awarded as a means of punishing the defendant for egregious conduct.
However, punitive damages could apply in your truck accident case. If a trucking company, for example, failed to do their due diligence on multiple occasions, or the drunk truck driver that hit you had previously been convicted of multiple DUIs, the South Carolina civil court may find it appropriate to issue punitive damages. You can find out whether you qualify when you discuss the value of your claim with your truck accident lawyer in Columbia, SC.
Contact a Truck Accident Attorney in Columbia, SC, for Help Today
Although this may be an overwhelming time in your life, when you have a reputable Columbia truck accident attorney at Shelly Leeke Law Firm on your side, you can breathe easier. Our team is here to help you recover maximum compensation for your damages while you recuperate from your injuries. Contact us through our quick contact form or by phone for a free consultation today to learn more about what is next for your case.
