You may be involved in an accident with an 18-wheeler truck. Just because you got into this crash does not mean you are responsible for it. A Columbia truck accident lawyer may take a look at your case and help you determine if you can sue any at-fault parties for damages.
At the Shelly Leeke Law Firm, we understand the challenges that come with personal injury claims. Our Columbia 18-wheeler truck accident lawyer is here to help you with your case. To get started, contact us today.
18-Wheeler Truck Accidents
According to the National Safety Council (NSC), large trucks make up 5% of all registered vehicles in the United States. Many 18-wheeler drivers do everything they can to travel with caution. However, there are times when truckers are negligent and cause accidents that lead to injuries and fatalities.
Common types of truck accidents include tip-overs, roll-overs, and head-on collisions. Trucking crashes happen due to distracted driving, intoxicated driving, and many other reasons. Following a truck collision that happens due to no fault of your own, you may be able to hold an at-fault party accountable.
The Shelly Leeke Law Firm has a proven track record in trucking accident cases. Our Columbia personal injury lawyer is available to discuss your case and go over your legal options with you. To learn more, reach out to us.
Who Is Liable for an 18-Wheeler Truck Accident
In many instances, a trucking driver or their employer may be held accountable for a collision. As an example, a trucker may get behind the wheel even though they do not have a valid commercial driver’s license (CDL). If this driver causes an accident, they or the employer that let them operate a truck without a license may be liable.
A truck maintenance provider or parts manufacturer may be responsible for a crash. If a maintenance provider does not properly fix a truck defect, an accident may occur. Much in the same vein, if a manufacturer sells faulty products used in trucks, they may contribute to crashes.
Cargo manufacturers or loaders are sometimes liable for crashes since they may overload a vehicle or make other mistakes that lead to crashes. A government entity may be responsible for a collision if it does not address road hazards. No matter who may be at fault for a trucking crash, an 18-wheeler truck accident lawyer in Columbia may help their client seek the most damages possible.
18-Wheeler Truck Accident Damages
An 18-wheeler truck accident attorney in Columbia may provide you with legal resources relating to damages. They may evaluate your accident and look at your quantifiable and subjective losses. Your lawyer may encourage you to ask for compensation for several reasons, such as:
- Medical bills
- Lost wages
- Damage to your car
- Pain and suffering
You may suffer significant losses due to your trucking accident, and you must prove someone else is responsible for them. To do so, you must show an at-fault party had a legal obligation to act in a careful and reasonable manner toward you and violated this requirement. Also, you must verify the party’s actions led to your accident and that you are now dealing with economic or non-economic damages as a result.
18-Wheeler Accident Statute of Limitations
Generally, you may have up to three years from the date of your 18-wheeler crash to seek compensation from any at-fault parties, per South Carolina’s statute of limitations. This means you may have a maximum of three years from the date of your collision to pursue damages. If you decide not to file a claim within this time frame, you may lose the right to do so at a later time.
An 18-wheeler accident lawyer may help you submit your claim before your window to do so expires. You may request compensation through an at-fault party’s insurer. In the best-case scenario, the insurance company approves your claim, and you get the compensation you want.
Of course, this scenario rarely comes to fruition. An at-fault party’s insurance company may do whatever it can to avoid paying you compensation. If you have an 18-wheeler accident attorney at your side, you may be well-equipped to negotiate with an insurer and secure 100% of the damages you are requesting.
18-Wheeler Crash Evidence
Your attorney may answer frequently asked questions and others relating to evidence in your 18-wheeler collision case. They may help you gather and evaluate evidence. Your lawyer may encourage you to collect a wide range of proof, including:
- Black Box: This device records information about a truck, including the vehicle’s speed at the time of your accident.
- In-Cab Camera: If the truck involved in your collision has a front- or rear-facing camera, you may be able to capture video evidence from it.
- Logbook: A truck driver’s logbook may contain information that indicates a trucker may have violated hours of service regulations or other laws.
- Truck Maintenance Records: These show how frequently a truck has been repaired and if a trucking company chose to ignore vehicle issues.
Along with these, you may be able to include medical records, pay stubs, accident scene photos, and other pieces of evidence in your argument. The proof you have may help you make it clear to a judge or jury why you deserve damages. It may also help you dispute an at-fault party’s claims against you.
18-Wheeler Truck Accident Comparative Negligence
It may be in your best interests to show you were in no way responsible for your trucking crash. If you fail to do so, a judge or jury may award you less in compensation than what you initially requested. They may even decide not to provide you with any damages.
South Carolina has a comparative negligence statute. Based on this statute, you may be ineligible for compensation in a personal injury case if you are found to be primarily at fault. There is also the chance you may have your damages reduced depending on the percentage of fault you have.
For example, a judge or jury may rule you are 51% at fault in an 18-wheeler crash. At this time, you are no longer eligible for damages. Alternatively, if you are found to be 10% responsible for your collision, you may receive 90% of the compensation you originally requested.
Partner with an 18-Wheeler Trucking Accident Lawyer in Columbia
The Shelly Leeke Law Firm has over 10 years of experience with personal injury cases. Our team may be able to help you get compensation from anyone who caused your trucking collision. To schedule a free case consultation, contact us today.
