If a trucker or another party chooses to overload a truck, they put you and others in danger. The truck driver or anyone else who made this choice can be held responsible for an accident that causes injuries. Following this type of incident, consult with a Moncks Corner overloaded truck accident lawyer to examine your legal options.
The Shelly Leeke Law Firm has more than a decade of experience handling personal injury cases. Give a Moncks Corner truck accident lawyer from our team the opportunity to serve as your legal representative and advocate. Contact us today to get started.
Who Can Be Held Responsible for an Overloaded Truck Accident
A driver, truck company, or shipper are three parties that could be liable for an overloaded truck crash. Who is at fault depends on the specifics of a case. To determine who is to blame for your collision, consult with a Moncks Corner overloaded truck accident attorney.
Your Moncks Corner personal injury lawyer gives your case the attention it deserves. They review the facts of the incident and identify who is at fault. Next, they can help you request compensation through an insurance claim or personal injury lawsuit.
The Shelly Leeke Law Firm has a proven track record of success in personal injury cases. Trust our team to help you achieve your desired overloaded truck crash case results. Schedule a free case consultation.
When to File a Moncks Corner Overloaded Truck Accident Claim
The South Carolina Code of Laws defines how much time you have to ask a liable party for compensation based on a truck collision. Per S.C. Code § 15-3-530(5), the statute of limitations is generally three years. This means you have three years from the day of your truck crash to pursue compensation from any at-fault parties.
An overloaded truck accident lawyer in Moncks Corner can explain the claims process. They can help you file a truck accident claim in South Carolina through an at-fault party’s insurer. Alternatively, they can represent you in a personal injury lawsuit.
With an insurance claim, you may get compensation from a liable party’s insurer. However, this insurance carrier could dispute your compensation request or offer less than what your case is worth. On the other hand, with an injury lawsuit, you can seek compensation for your quantifiable and subjective losses.
Damages You Can Request in an Overloaded Truck Crash Lawsuit
The damages you can collect after a truck accident can cover your economic and non-economic losses. An overloaded truck accident attorney in Moncks Corner wants you to ask for maximum compensation. Reasons why a judge or jury could award damages in your lawsuit include:
- Auto repair or replacement expenses
- Pain and suffering
- Lost wages
- Loss of enjoyment
- Loss of consortium
- Burial and funeral expenses
Your lawyer can answer your questions about what are compensatory damages relative to your case. They understand that simply asking for damages is not enough to secure them. Thus, they can prepare a body of evidence on your behalf.
Proof You Can Use to Strengthen Your Argument
Evidence plays a vital role in your overloaded truck crash case. For instance, if you can prove a truck was not loaded properly, it becomes more difficult than ever before for the defendant to contest your case. Evidence you can use in your lawsuit includes:
- Accident scene videos and photos
- Witness statements
- Truck black box data
- Truck driver cell phone records
- Truck driver logs
- Truck maintenance records
- Medical records
Your proof can help you resolve your case without a trial. If you have plenty of evidence, the defendant may be worried about your argument. This could lead the defendant to offer a settlement that lines up with your expectations.
How to Prove an At-Fault Party Was Negligent
Your evidence is needed to prove negligence in your truck accident case. It can help your lawyer show that you are in no way liable for your collision. Your proof can illustrate that the following elements of negligence were present at the time of your crash:
- Duty of Care: It was reasonable for the defendant to load their vehicle properly and operate it in accordance with state and federal laws.
- Breach of Duty of Care: The defendant violated their duty of care by overloading their truck or allowing a trucker to drive this vehicle in spite of the fact that it may have been unsafe to operate.
- Causation: The truck was overloaded due to the defendant’s actions, and the vehicle was involved in an accident.
- Damages: You face losses because the defendant chose to drive an overloaded truck or let a trucker do so.
The defendant could allocate substantial time and resources to disprove your argument and prove you are partly or fully to blame for your accident. Regardless, your attorney prioritizes your case. They consider how the defendant will argue against you and are well-equipped to tackle any legal challenges as they arise.
How to Deal with an Overloaded Truck Accident Wrongful Death
It is tragic to lose a family member in an overloaded truck collision. The incident devastates you and your loved ones. You and your family members are supporting one another during this emotionally taxing time but have no idea what the future holds.
If someone else is responsible for your family member’s fatal truck accident, a Moncks Corner wrongful death lawyer can help. Your attorney understands nothing can change the past. Yet, they can help you seek justice and damages from anyone who contributed to your loved one’s crash.
Your lawyer can develop an argument that will resonate with the court. As your attorney handles your legal proceedings, they keep you updated. They are empathetic to you and your family and will do everything they can to assist you during your litigation.
Work with an Overloaded Truck Crash Lawyer
The Shelly Leeke Law Firm backs our legal services with a no-win, no-fee guarantee. If you hire us to represent you in your overloaded truck crash lawsuit and we cannot settle or win your case, you do not have to pay us anything. Request a free case consultation with us.
