If you have been struck by a truck driver in Myrtle Beach, you may have a long road to recovery. Overcoming the catastrophic injuries of a truck accident is tough, but worse, the person at fault for your injuries may not be the liable party for your broken bones or other injuries. Because of this, many people struggle to get compensated for their suffering, leaving them without the resources they need to get their lives back on track.
When you are hurt and suffering because someone else was careless, you may need a Myrtle Beach personal injury lawyer on your side. The team at Shelly Leeke Law Firm has the tools, resources, and guidance you need when you are filing a Myrtle Beach claim and need compensation. A Myrtle Beach personal injury lawyer at our firm is here to help you through every step of your recovery.
Common Types of Truck Accidents in Myrtle Beach
Your truck accident lawyer in Myrtle Beach, SC will kick off your investigation by examining the type of truck crash you were involved in. Not only will we need to gather evidence to support your case, but we must also figure out who is responsible for causing a collision. Some of the most common types of truck accidents our clients have endured include:
- Commercial truck accidents
- Car accidents
- Garbage truck accidents
- Head-on collisions
- Underride truck accidents
- Delivery truck accidents
- Construction truck accidents
- Motorcycle accidents
- Jackknife accidents
- Rear-end collisions
- Drowsy driving truck accidents
- Highway accidents
- 18-wheeler accidents
- Pedestrian accidents
- Tire blowouts
- Distracted driving truck accidents
The way in which your truck accident occurred will help us determine who is at fault. Our legal team will also have a better idea of the types of evidence we should be looking forward to supporting your case. No matter what type of truck accident you were involved in, our motor vehicle accident law firm will stop at nothing to reveal the identity of those responsible for causing your severe injuries.
What to Do After a Myrtle Beach Truck Accident
The initial steps you take after a truck accident in Myrtle Beach will have a considerable impact on the outcome of your case. You must do everything in your power to remain calm and avoid panicking. Then, take the following steps to start building a powerful claim against the at-fault party:
Call for Help
Always call emergency responders. The Myrtle Beach Police Department, the Myrtle Beach Fire Department, and Myrtle Beach emergency medical technicians (EMTs) should be called to the accident scene. Do not listen if the at-fault party attempts to deter you from calling for help.
According to the law, if there is significant property damage or bodily injuries, law enforcement officials must be notified. Furthermore, if the liable party is attempting to discourage you from calling the police, chances are, they know they are at fault or are worried about being found driving without a license, operating a vehicle without insurance, or operating a vehicle under the influence of drugs or alcohol. The sooner you get the police to the accident scene the better.
Police will be responsible for filing a crash report. Often, these crash reports contain valuable information about how the accident occurred and who is responsible. When you need to prove liability based on a preponderance of the evidence at trial, this crash report will be a valuable asset to your case.
Contact a Truck Accident Lawyer
if possible, contact your truck accident attorney at the scene of the collision. The sooner we get involved, the more likely it is we will have access to the evidence we need to prove negligence and liability. We can meet you at the accident scene or your hospital room so we can take your statement and start collecting evidence to support your case.
Collect Evidence
While you wait for emergency responders and your truck accident lawyer to arrive at the scene, if your injuries do not prevent you from doing so, collect as much evidence as possible. Now is the best time to take photos of the damage surrounding the collision and your injuries. You should also take note of any nearby businesses or homes that may have easily visible video surveillance cameras and obtain the names and contact information of anyone who witnessed the collision.
Get Medical Attention
Always, always, always obtain medical attention. We cannot tell you how many times we have started working with truck accident victims who initially believed their injuries were minor, only to discover they were suffering from life-threatening invisible injuries. If you do not get medical treatment, it could be devastating for you physically.
Your condition could rapidly deteriorate if you do not obtain the medical help you need when you need it most. Furthermore, the liable party is likely to use a delay in medical attention as an attempt to argue that you are embellishing the extent of your injuries. If you get medical help immediately after the accident, you are creating medical evidence that can be used to support the value of your claim based on the significance of your injuries and your prognosis.
Determining Liability for a Truck Accident in Myrtle Beach
Before you sue for a Myrtle Beach truck accident, you need to know who is at fault for your accident because, without an at-fault party, you do not have the information needed to file a claim. But who is liable for your truck accident? Below is just a sample of the possible parties that may be responsible for your injuries:
- Truck Drivers – When a truck driver is careless, they may have caused your accident; however, they may not be the ones financially liable for your damages. Typically, this liability falls to the trucking company.
- Other Drivers – In some cases, the truck driver may have followed all the rules, but another driver failed to do so. In these cases, you may have grounds for a lawsuit against the careless driver.
- Mechanics – When a mechanic fails to properly repair a vehicle, especially a commercial truck, you may have been one of the drivers injured when the commercial truck malfunctioned. This includes issues with the brakes and steering, among others.
- Manufacturers – Some Myrtle Beach truck accidents are not the fault of any driver. The fault may fall on the manufacturer who made, sold, or designed a defective part. If that defective part leads to an accident, you may have grounds to take action.
- Government Agencies – Large, dangerous potholes or other road defects can cause accidents, and they may be the fault of the government agency responsible for maintaining the roads. Because suing the government comes with its own laws, be sure to speak with your lawyer about your options.
If you have any doubts or questions about who is liable for your lawsuit, your truck accident lawyer in Myrtle Beach, SC is always here to help. Your lawyer can use evidence from the scene to get the answers you need. We will stop at nothing to hold the liable party accountable in every regard.
What to Do if You Are Accused of Sharing Fault
Do not be discouraged or surprised if the trucking company, truck driver, or other involved parties blame you for the accident. It is one of the most common defenses plaintiffs use in truck accidents and personal injury claims. This is because South Carolina is a modified comparative negligence state.
Sharing fault will reduce your settlement. You may be prohibited from pursuing your claim further if your portion of blame meets or exceeds the 50% threshold. For this reason, the liable party is going to do everything they can to put as much blame as possible on you, which would reduce their financial responsibility.
The best way you can protect yourself is by having your tractor-trailer accident lawyer step in. When insurance companies place unwarranted liability on you, we will fight back and ensure blame is assessed accurately. We will never allow the liable party to get away with these unjust accusations.
Damages for Myrtle Beach Truck Accidents
After an accident, you need fair compensation that covers the costs, suffering, and losses you have experienced because of the truck accident. These damages can be hard to calculate, however, if you do not have the right tools for it. When you are unsure what damages you are due, talk with a Myrtle Beach truck accident attorney about the following damages and what your claim is worth.
Economic Damages
After a Myrtle Beach truck accident, your expenses may start piling up right away. Truck accidents can be serious, even catastrophic, and getting your expenses covered is not easy. That is where a Myrtle Beach truck accident lawyer can help.
Your lawyer can calculate the costs of your injuries and suffering, including medical bills, lost wages, and future costs of your physical recovery. Your lawyer can add or estimate these damages and ensure you are not paying out of pocket for the costs of your accident. Any out-of-pocket expenses can be recouped in your lawsuit.
Non-Economic Damages
After a Myrtle Beach truck accident, you may have suffered trauma and pain that impacts the quality of your life. However, these damages are more difficult to calculate because they are not as quantifiable. That means they do not have a dollar value attached to them.
For example, you may have suffered a broken leg. While your economic damages cover your medical bills, what is the pain and suffering you experienced worth? If you are unsure what your pain and suffering, emotional trauma, and other non-economic damages are worth, talk to a lawyer who has specialized tools that can help you get compensated for the experiences you have suffered through.
Punitive Damages
After a serious injury, you may find you were injured because someone else was grossly negligent or that they intended to harm you. Driving a commercial truck under the influence may count as gross negligence. In these cases, you may have grounds for punitive damages.
These damages are not intended to compensate you for specific damages but are instead meant to punish the wrongdoer and deter others from engaging in this dangerous behavior. It can be difficult to retrieve this type of damage, as they are not commonly awarded. Your lawyer at Shelly Leeke Law Firm can aid you in getting these damages if you believe you are due them.
Time is Running Out to File Your Myrtle Beach Truck Accident Claim
You should never feel pressured into pursuing your Myrtle Beach truck accident case. However, the law automatically starts a countdown from the date of your accident. You only have three years under the South Carolina personal injury statute of limitations laws to file your lawsuit.
Once three years have passed, you will no longer have the right to pursue your case unless extenuating circumstances have temporarily paused the countdown. For example, if your injuries were not diagnosed until a later date, the statute of limitations would begin from the date of discovery, not the accident date. The statute of limitations could also be paused if a minor child suffered injuries.
The exact deadline for your truck accident lawsuit may not be clear. The best way to get the clarity you need is by contacting an experienced truck accident lawyer who can analyze the specific details of your case and ensure your claim is filed before time runs out. Failing to file your claim before the deadline means the South Carolina Civil Court will have no other choice but to refuse to hear your case at trial.
Talk with a Truck Accident Attorney in Myrtle Beach, SC
At Shelly Leeke Law Firm, we know recovering from a commercial truck accident is not easy. We know you may be struggling to get compensated fairly for the costs and suffering you have experienced. That is why having a lawyer on your side is so vital.
We are here to represent you when you are hurt. Ready to start with a free consultation? Reach out for the help you need from a Myrtle Beach truck accident attorney by calling our office or completing our online contact form below.
