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. With so much on the line, including your financial well-being, you deserve an advocate who will fight tirelessly for you.
Why Choose Shelly Leeke Law Firm
At Shelly Leeke Law Firm, our truck accident attorneys have had years of experience helping victims recover just compensation. We understand the complexities of trucking laws and how they will impact your case. With our Columbia truck accident attorney by your side, we will:
- Investigate how the accident occurred.
- Gather powerful evidence to prove liability in your case.
- Speak with potential witnesses and experts.
- Negotiate with insurance companies.
- Bring 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, South Carolina
Our truck accident team is here to help you maximize the 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.
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.
Fault Insurance
South Carolina is a fault state for auto accidents and automobile insurance, 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.
Statute of Limitations and Other Deadlines
The statute of limitations for personal injury lawsuits in South Carolina is 3 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.
What Damages Can I Claim in a Truck Accident?
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.
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:
- Medical expenses relating to the accident
- Lost wages
- Loss of future earnings
- Property loss or repair
Analyzing all of your losses is critical. Make sure you consider all aspects of your financial loss. Our truck accident legal team will help, and you can find more information in our resources section.
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
- Scarring or disfigurement
- Diminished quality of life
Let us uncover additional costs. Discuss your case with our attorneys now and read our client testimonials. Every situation warrants hands-on support from an experienced Columbia truck accident attorney who can help fight for the compensation owed to you.
Potential Punitive Damages
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. They are only awarded as a means of punishing the defendant for egregious conduct.
For example, if a truck driver is intoxicated at the time of the accident and has been convicted of multiple DUIs, the South Carolina civil court may find it appropriate to issue punitive damages. You can find out whether your case qualifies for punitive damages with your truck accident lawyer in Columbia and review our case results.
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 truck accident attorney to better understand what circumstances led to the development of this accident.
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
Victims of Catastrophic Truck Accidents Deserve Advocacy
Truck accidents often cause catastrophic injuries or losses that do not improve or improve fully for the victim. These are the types of accidents that change the course of a person’s life, and often, they are very hard to put a value on but critical to get right. Our truck accident lawyers in Columbia can help if you have suffered the following:
- Loss of mobility
- Amputation or loss of limb
- Traumatic brain injury
- Loss of vision
- Loss of sight
- Chronic pain development
- Disability of other forms
- Onset of mental disorders
- Disfigurement
In situations where you are suffering from catastrophic injuries, you may need ongoing care and support from in-home help, or you may no longer be able to meet the responsibilities you have for your family. Let us fight for you to receive fair compensation in these tragic cases. Do not settle your case without speaking to our attorney if you have any of these accidents and without reading The Guidebook for South Carolina Accident Victims.
Potential Liable Parties in a Truck Accident in Columbia
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 potentially liable parties include:
- Truck driver
- Trucking company
- Cargo loaders
- Government agencies
- Dram shops in violation of S.C. Code Ann. §61-4-580
- Municipalities
- Truck maintenance technicians
- Truck safety inspectors
- Truck manufacturers and distributors
It is important to know that federal and state laws may factor into liability. For example, truck drivers must follow the FMCSA’s Hours of Service (HOS) regulation regarding the maximum number of hours a driver can operate their vehicle. If a driver violates this regulation, they may be found negligent per se under the South Carolina Legislature.
Contact a Truck Accident Attorney in Columbia 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.
