A Mt. Pleasant truck accident lawyer offers you the peace of mind you need after being in a devastating accident.
Shelly Leeke Law Firm will provide you with exceptional legal representation 24/7 when you need us most. Do not settle your case until you speak to our Mt Pleasant personal injury lawyer during a free consultation.
Do Not Settle Your Truck Accident in Mt. Pleasant with the Insurance Company Yet
Insurance companies will do all they can to limit how much compensation they pay out to victims because they are for-profit organizations. Yet, you need those funds to help you recover from injury, financial devastation, and chronic pain.
Your Mt. Pleasant car accident lawyer with Shelly Leeke Law Firm will encourage you not to fall for any of the common strategies insurance companies employ to limit your compensation:
- Do not say you are sorry. You do not want the insurance company to believe you did anything wrong.
- Keep your personal medical health information secure. You do not always need to provide medical records. Let our Mt. Pleasant truck accident attorney help you minimize the risk of providing too much information to the wrong party.
- Avoid making statements that are anything but fact. Insurance companies want you to speculate because it may shift the blame. We want to minimize this risk.
- Do not accept a claim offered to you right away. Unless you know fully that this is the most you can obtain and that it meets all of your financial needs into the future, do not settle just yet.
- Refer the insurance company to your attorney instead. One of the best tools you have available to you is your personal injury attorney. Let a truck accident lawyer in Mt. Pleasant provide you with the information you need.
Our team is committed to protecting your rights and that includes limiting your risk from insurance adjusters. We know how to hold powerful insurance companies accountable for your losses and we will fight against any claims made against you. You have an advocate in our team ready to support your best outcome.
Why Truck Crashes Happen in Mt. Pleasant
Large trucks can weigh 20 to 30 times as much as passenger cars, according to the Insurance Institute for Highway Safety (IIHS). If you get into an accident with a truck, the consequences can be severe. The size, weight, rate of speed, and overall conditions impact the severity.
When accidents occur, we use every resource possible to uncover what took place and why. We then use data from numerous police reports, data resources, and other information to clarify the details. This matters for your claim.
Truck accidents should not happen. Yet, they do so at increasing rates. Trucking crashes happen for many reasons, such as:
Speeding
If a trucker decides to travel faster than the posted speed limit, they can cause a single or multi-vehicle accident. In this situation, the truck driver may not be able to stop in enough time to prevent a collision. The driver can be held responsible for any damages relating to the crash.
Distracted Driving
When a trucker shifts their attention away from the road, they are driving while distracted. It only takes a second for a truck driver to get distracted. Much in the same vein, a distracted driving crash can happen without notice, and it can have long-lasting ramifications for all involved in it.
Intoxicated Driving
There is no reason for a trucker to get behind the wheel if they are intoxicated. However, a trucker may still decide to do so. If a trucker causes a crash and is found guilty of driving while intoxicated, they can receive civil and criminal penalties.
Poor Vehicle Maintenance
A trucking company must commit time, energy, and resources to keep its vehicles running at peak levels. If a truck is defective, it should be taken out of commission until it is repaired. Otherwise, if a trucker is driving a defective vehicle, a safety or performance issue can lead to an accident.
Inexperienced Truck Driver
It can be challenging for a truck driver to gain confidence, even after they have earned their commercial driver’s license. If a driver feels stressed out as they travel, they may make mistakes. Worst of all, an inexperienced trucker can make a mistake that results in a crash.
Overloaded or Improperly Loaded Truck
If a truck’s cargo is not weighed or loaded correctly, problems can come up during transport. Cargo can shift as a tractor-trailer moves from point A to point B. The weight and movement of the freight can impact a trucker’s ability to turn their vehicle safely, to the point where the vehicle can tip or roll over.
What to Do After a Truck Accident in Mt. Pleasant
A trucking crash can be a stressful experience. As soon as your accident happens, take a deep breath and try to remain calm, cool, and collected. Your first priority is your own safety.
Your next priority is to move to where it is safe and help others if you can. Do not assume you are safe where you are. On highways, the risk of secondary accidents is very high.
Understanding how to react in a situation like this can be critical. Here is what the ideal scenario looks like. Below are things that you can do to get through the incident and protect yourself and anyone else involved in it.
Call 911
Notify 911 about your crash. Medical personnel will come to the accident scene to assist you and anyone else who may be injured. Police officers will also arrive at the location to get information from you and others involved in the collision so you can get a car accident report.
Do Not Take Responsibility for the Crash
As you give information to the police about your crash, do not accept responsibility for the incident. If you indicate that you are partly or fully responsible for your collision, this can be held against you. Stick to the facts when you discuss your case with the police, and be cautious about what you say about the collision.
Take Photos and Videos at the Accident Scene
Use your smartphone to capture photos and videos at the accident scene. You can take photos and videos of your injuries and damage to your vehicle. These photos and videos can serve as evidence if you file a personal injury claim.
Receive Medical Care
Go to a doctor who can evaluate and treat your injuries. There can be times when injuries crop up in the days following your crash. A doctor can help you address your injuries before they get any worse.
Do Not Approve a Lowball Settlement Offer
An insurance provider or trucking company may contact you just days after your crash. They may offer you a settlement that is well short of what you could get if you submit a personal injury claim. It can be tempting to accept an initial offer, but you should not do so without going over the agreement with a lawyer.
Consult with a Truck Accident Lawyer in Mt. Pleasant
Look for a lawyer who can provide you with legal resources relating to truck accident claims. Your attorney can evaluate your case and help you determine if you have a valid claim for damages.
If so, your Mt. Pleasant catastrophic injury lawyer can submit a personal injury claim for you and help you get compensation from any at-fault parties.
When to Call a Truck Accident Attorney in Mt. Pleasant
It can be tough to figure out if you have a compelling argument for damages after a trucking crash. Fortunately, a truck accident attorney in Mt. Pleasant can help you out. We can answer frequently asked questions and many others about trucking collision claims.
To get compensation in a trucking crash case, you must be able to show that someone else’s negligence caused your accident and injuries. The burden of proof in commercial truck accident claims is based on a preponderance of the evidence under South Carolina Code §15-36-100.
In your trucking accident lawsuit, you must be able to provide evidence that makes it clear to a judge or jury that someone was negligent and caused your accident and injuries, and you deserve compensation from them.
A Mt. Pleasant truck accident attorney from Shelly Leeke Law Firm will gather and review evidence with you. We will also provide tips, recommendations, and insights into the legal process. That way, you can make informed legal decisions as your case moves forward.
What It Takes to Get Compensation in a Truck Accident Lawsuit
To win or settle your truck accident lawsuit and recover the maximum amount of compensation, you need to prepare accordingly. Generally, you can file an insurance claim for compensation based on your losses. Along with this, you can partner with our team, who can file a lawsuit on your behalf.
South Carolina follows fault-based insurance laws per the South Carolina Department of Insurance. If you are involved in a collision with a commercial truck, you will typically file a claim with the liable party’s insurance provider. This does not guarantee that you will receive the full damages you request from the insurer.
On the other hand, you can pursue compensation through a personal injury lawsuit. This can be beneficial if you suffer a traumatic brain injury (TBI), which a Mt. Pleasant traumatic brain injury lawyer can help you with, or any other injury that will affect you long into the future.
We will submit your claim within South Carolina’s statute of limitations to do so and help you get a fair settlement.
How Much Time You Have to File a Trucking Crash Lawsuit
There is a three-year window from the date of your trucking crash to file a personal injury lawsuit, per South Carolina’s statute of limitations under South Carolina Code of Laws §15-3-530.
You cannot request an extension of this statute unless extenuating circumstances apply. Therefore, if you do not file your claim within three years of your truck collision, you are 100% responsible for any costs relating to the incident.
A truck accident lawyer in Mount Pleasant can discuss the statute of limitations for personal injury claims and how it applies to your case. They will make sure that your claim is filed without delay.
Your attorney will also encourage you to ask for economic and non-economic damages that may total tens or hundreds of thousands of dollars.
Economic damages are given for medical bills, lost wages, and other quantifiable losses. Non-economic damages are awarded for suffering, pain, and other subjective losses.
There is no restriction on the amount of economic and non-economic compensation that you can request, and your lawyer will help you calculate your damages as well.
How Much Time Is Needed to Resolve a Truck Crash Case
After you file a truck crash claim, do not expect an immediate resolution. How long it takes to settle a car accident or trucking collision claim varies based on the lawsuit. In some instances, it can take years before a trucking crash lawsuit is resolved.
As your litigation progresses, we prepare for your trial. We collect and evaluate evidence. In addition, we develop an argument designed to convince a judge or jury to rule in your favor.
If you have a strong case, the defendant may be inclined to settle. Of course, just because a defendant offers a settlement does not mean that you are required to accept the proposal. It is likely in your best interests to review a settlement proposal with your attorney to decide what to do with it.
How to Decide on a Truck Crash Settlement Offer
You can get a settlement proposal at any point after your truck crash. If you are not satisfied with a settlement offer, you can decline it. Conversely, if a settlement seems fair, it is beneficial to review the proposal with your lawyer.
We can explain how a personal injury settlement is determined. If you get a settlement offer, we will let you know if we believe it is in your best interests to accept it. Your legal advocate with Shelly Leeke Law Firm can explain what can happen with any decision you make regarding a settlement proposal, too.
Accepting a settlement is a quick way to resolve a personal injury lawsuit, but it is not always the best option. Rather, it may be beneficial to move forward with your litigation if you do not get the settlement you want. We will be fully prepared for your trial and present an argument that can help you get the compensation you want.
What to Expect in a Truck Crash Trial
A judge or jury will hear from all parties in a truck accident trial. They will review evidence and witness testimony and render a decision. In the best-case scenario, a judge or jury will understand your claim and agree that you deserve damages.
When you argue your case, it is important to note that South Carolina’s negligence laws apply to it per South Carolina Code §15-38-15.
If a judge or jury finds you are more than 50% at fault for your vehicle accident, you cannot receive compensation in a personal injury lawsuit. Or, if you are found to be partially at fault for your crash, you can still receive some compensation.
In instances where you are found to be partly at fault, the damages that you receive are reduced. For example, you can request $10,000 in a truck crash lawsuit, and a judge or jury finds that you are 20% responsible. At this point, you will receive $8,000 in compensation, as the damages awarded are your originally requested amount minus 20 percent.
You Pay Us Nothing if We do Not Win Your Case: Hire Our Mt. Pleasant Truck Accident Firm Now
We are committed to protecting you by offering comprehensive legal guidance and strategy without requiring any upfront payment or retainer. Instead, you pay us when you win your case out of the settlement.
That means you have no financial worries to be concerned with right now, and it means you can afford to hire a legal advocate after your truck accident.
Contact a Premier Mt. Pleasant Truck Accident Law Firm for Help Today
Reach out to a reputable Mt. Pleasant truck accident attorney at the Shelly Leeke Law Firm. We offer no-cost, risk-free consultations to truck accident victims across South Carolina. Please contact us today to schedule a free case consultation.
