There is no denying the significant impact a commercial truck accident can have on your life. However, you should not be forced to deal with the fallout if someone else’s misconduct or negligence is the cause of your injuries and damages. You can stand up and bring the at-fault party to justice with the help of a reputable Greenville truck accident lawyer.
You could recover the restitution that is rightfully yours. Get help pursuing your case when you reach out to a dedicated Greenville personal injury lawyer at Shelly Leeke Law Firm 24/7 for a free consultation. We strive to help you achieve the best possible outcome in your truck accident in Greenville.
Steps to Take After a Truck Accident in Greenville
The South Carolina Department of Public Safety reports that in 2023, more than 738 people in the state of South Carolina died in a car crash involving a large truck. Many of those are not the fault of the passenger vehicle’s driver, and for those people, fighting for compensation is crucial. Our truck accident advocates have helped our clients recover millions of dollars in losses they suffered due to the other party’s actions.
Yet, it is not always as simple as filing a claim with the insurance company. Far too often, our clients struggle to get fair compensation for what is owed to them. Sometimes, the reason for this is what happens right after a truck accident occurs.
When you have been involved in a truck accident, the initial steps you take could have a significant impact on the outcome of your case. It could impact what recovery you obtain, even if you think you did everything right. Here are some of the most important things you should do immediately after you have been involved in a truck accident:
Gather Evidence
First, call 911 and emergency responders. Then, begin by gathering evidence at the scene of the truck accident. This might include:
- Taking photos of your injuries.
- Video recording the scene of the accident.
- Making notes of any homes and businesses nearby.
- Writing down how the accident occurred in detail.
- Obtaining the contact details and insurance information of the other involved party.
- Securing witness contact information.
Get Medically Evaluated
It is critical to obtain a medical evaluation, even if you initially believe your injuries are not severe, as having a medical evaluation is one piece of proof that can help support your case. If you do not obtain a medical evaluation, any invisible injuries could worsen if left untreated, which could become life-threatening or even fatal. Additionally, failure to obtain a medical evaluation from the start gives the defendant an opportunity to argue that your injuries were not caused by the truck accident but in some other way.
Hire a Highly Experienced Truck Accident Lawyer in Greenville
Finally, do not hesitate to contact a knowledgeable Greenville truck accident attorney once your healthcare providers have declared you stable. Getting an attorney working on your case as soon as possible could make all the difference in your opportunities for financial recovery. We can gather time-sensitive evidence, begin establishing liability, and start documenting your damages so we can bring the at-fault party to justice.
Common Types of Greenville Truck Accidents
There are multiple types of commercial truck accidents in which you could have been injured. The way your accident occurred can help your truck accident attorney in Greenville figure out who is at fault for causing the accident and your subsequent damages. Here are some of the most common types of truck accidents:
- Jackknife accidents
- Underride accidents
- Lost load accidents
- Highway accidents
- Drowsy driving accidents
- Wide-turn accidents
- Blindspot accidents
- Tire blowouts
- Truck rollovers
- Rear-end truck accidents
Our truck accident law firm will review how the accident happened so we can determine liability. In every truck accident, our goal is to understand how the incident occurred so we can determine who is at fault. It is not always as simplistic as it sounds.
Common Causes for Truck Accidents in Greenville
Truck accidents can be caused in a number of ways. For instance, many truck accidents are caused by a truck driver or other motorist’s negligence. Examples of negligent driving known for causing commercial truck accidents include:
- Driving while fatigued
- Aggressive driving
- Reckless driving
- Road rage
- Distracted driving
- Impaired driving
- Failure to stop or yield
- Traffic violations, such as speeding
There is also the possibility that defective motor vehicle parts could have caused your truck accident. If parts on the truck or the other involved vehicles malfunctioned in some way, they could have easily caused a collision. This is especially true in cases where braking systems fail, fuel tanks malfunction or tires blow out.
Culpability and Negligence for Truck Accidents in Greenville
Once our truck accident law firm understands how the accident occurred, we can figure out who should be held accountable for your injuries and damages. It is quite common for this to be more than one person, as it is not always the truck driver who is solely responsible for what has occurred. Many times, injury victims believe that whoever is listed as at fault on the police report has to pay for their losses, but that is not always the case.
Our legal team gathers information that may not be readily available to you. This may include things like driver medical records that show a driver was intoxicated or vehicle crash data to get a better idea of how the vehicle was moving just before the accident. We also evaluate information from all parties involved, investigate with expert witnesses, and handle accident recreation to fully understand what occurred and why.
From there, we can get a better look at negligence in a truck accident case in South Carolina. We do not stop until we have a full view of what has occurred. Here are some examples of when it may be more than just the truck driver at fault:
Fault in Negligent Driving Accidents
If your truck accident was caused by a drowsy truck driver, you may have the right to file an insurance claim and civil lawsuit against the truck driver. However, you may also have the right to file a claim against the trucking company. That is the case if the trucking company allows the driver to work beyond the allowable laws regarding hours on the road according to 49 CFR 395.
Trucking Company Negligence
Trucking companies often push their employees to the edge and require them to violate many of the Federal Motor Carrier Safety Administration (FMCSA) laws and regulations. Trucking companies may also fail to properly vet employees before hiring them. This often results in hiring negligent, unskilled, or irresponsible truckers.
Vehicle Manufacturer Failures
In instances where defective truck parts may be responsible for causing your injuries, you and your Greenville product liability lawyer may have the opportunity to file a claim against the manufacturer of the truck in a product liability claim. Other times, this negligence falls on the shoulders of the manufacturer of that part. They may be responsible for some of your losses as well.
Other Circumstances
Our Greenville truck accident law firm will do everything possible to get to the bottom of what happened and why. There could be other factors that play a role in the outcome of your case as well, including mistakes with loading the truck, errors in navigational systems, and more. With so many potentially liable parties, it is critical to have a Greenville truck accident attorney on your side who can zero in on the individuals or entities who should be held accountable for your losses.
Modified Comparative Negligence in Greenville
It is also important to prepare for the possibility that you could be accused of sharing blame for the accident. Liable parties are rarely willing to accept responsibility for their negligent actions. Until we have powerful and irrefutable evidence of their liability, they will likely do everything in their power to avoid paying for your damages.
One of the most common ways they do this is by accusing you of causing the collision. They may argue that you were distracted at the time of the accident, driving over the speed limit, or otherwise operating your vehicle in a negligent or unsafe manner. They do this because South Carolina’s modified comparative negligence laws under South Carolina Code §15-38-15 make it possible for your settlement to be reduced if you share the blame.
If your portion of culpability is greater than the state’s 50% threshold, the liable party may be able to get away with not paying you anything for your damages. If your portion of blame is less than the 50% limit, expect your settlement to be reduced proportionately. For instance, if the judge decides you are 5% at fault, you can expect your award to reflect a 5% reduction accordingly.
Compensation for Greenville Truck Accident Victims
After a truck accident, recovering compensation to cover your expenses will be essential. The last thing you need is to wind up in serious financial straits because of someone else’s negligent actions. Examples of various economic damages and non-economic damages that may be awarded in truck accident insurance and civil claims include:
- Loss of enjoyment of life
- Reduced earning potential
- Loss of income
- Motor vehicle repair costs
- Costs of purchasing a new vehicle
- Medical expenses
- Ongoing and future medical costs
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of household services
Our clients are often unaware of the fact that they may have other avenues of potential compensation available to them. However, in addition to getting the liable party to cover all of your out-of-pocket, upfront, and monetary losses, you may also be entitled to compensation for the ways your entire life has been affected by your collision, known as non-economic damages. One of the biggest factors that determine how much compensation you will be awarded is how the accident has impacted your life.
Punitive Damages in Truck Accident Claims
Many truck accident victims wonder whether punitive damages could be awarded in their cases. While it is certainly possible, punitive damages awards are rare. The requirements that must be met for punitive damages to be awarded can be found under South Carolina Code §15-32-530.
Essentially, the courts must find the defendant’s actions intentionally malicious for punitive damages to apply. They may also be appropriate if the defendant’s conduct could be considered grossly negligent. If you are unsure whether punitive damages should be expected in your case, do not hesitate to address your concerns with your legal team.
Navigating Insurance Claims with Trucking Companies Is a Challenge
In a typical car accident, your initial step would be to file a claim with the insurance company of the responsible party and wait for them to pay your bills. Trucking companies are not always easy to work with in the same manner, and many of the larger Greenville truck insurance companies are quite aggressive in limiting what they pay you, so it is important to know the questions you should ask the insurance company. For that reason, it is not always easy – or even possible – to settle your claim fairly traditionally.
Our goal is to help you settle your truck accident out of court if that is a possibility, as it saves you time and money. We negotiate with the insurance company and pursue financial support for you while aggressively protecting your rights. With the evidence and data we gather, we can pursue better outcomes in every situation.
If an insurance company is trying to force you to settle your claim right away or has denied coverage to you, do not give in. Instead, let our legal team help you to explore the options available to you. In nearly all situations, we can prove that you are owed additional compensation.
Greenville Truck Accident FAQ
What Happens if Your Loved One Dies in a Truck Accident?
It is not uncommon for victims of truck accidents to suffer fatalities as a result of their injuries simply because of the size and force large trucks leverage in such incidents. If you are the immediate family member of a person who died in a truck accident, contact a reputable Greenville wrongful death lawyer at Shelly Leeke Law Firm for exceptional support in this difficult time. You may be able to recover damages related to their final expenses as well as support for your personal loss through a wrongful death claim per South Carolina Code §15-51-10.
Should I Accept the Insurance Company’s Fast Settlement Offer?
If you do not know what your full losses are just yet, perhaps because you are still recovering, you cannot simply settle your case with the insurance company. Let us help you estimate your full loss so that we can help you pursue fair compensation. Remember, you have time to file your claim or lawsuit, and you do not have to do it so fast to appease the insurance company.
Can I Afford to Hire a Truck Accident Lawyer in Greenville?
Your truck accident injuries may have a significant impact on your life for years to come. We make sure you are financially prepared and help to recover the compensation you are owed from the liable party. Our team is here to help you, and we do not charge you anything if you do not win your case, as we work with our clients on contingency per South Carolina Judicial Branch Rule 1.5: Fees.
Often, our clients want a fast solution that helps them pay their bills and get back on their feet, and we are happy to work diligently with you to ensure this. Yet, we do not want you to leave money on the table that is owed to you. That is why we fight hard and aggressively for you from the start.
Connect with a Premier Greenville Truck Accident Lawyer Today
After everything you have been through, you should not be forced to navigate the complex details surrounding insurance negotiations and litigation alone. With our legal team on your side, you do not have to. Our personal injury advocates will stop at nothing to demand the fair and just compensation you deserve.
Reach out to an experienced Greenville truck accident attorney at Shelly Leeke Law Firm today. You can schedule your free consultation when you complete our convenient contact form or call our office. Let us answer all of your questions and help you get the damages you are owed.
