You may believe a tanker truck accident is actually your fault. However, if someone else caused your accident, you may want to consult with a Myrtle Beach tanker truck accident lawyer. When you do, you may quickly discover that your Myrtle Beach truck accident lawyer can help you get damages from the liable party.
Tanker Truck Safety
For more than a decade, the team at the Shelly Leeke Law Firm has helped truck accident victims and many others seek damages for with Myrtle Beach personal injury lawyers. We are available to discuss your case. To get started, reach out to us.
Companies use tanker trucks to carry liquids, gas, and dry bulk materials. These vehicles range in terms of size and capacity. Examples of tanker vehicles include:
- Cargo tank trucks
- Corrosive cargo trucks
- Compressed gas cargo tankers
- Dry bulk pneumatic hopper trailers
If a tanker operator is negligent and slams their vehicle into yours, you may have grounds for a claim. The team at the Shelly Leeke Law Firm can help you figure out if now is the right time to seek damages from anyone responsible for your accident. To learn more, get in touch with us.
Tanker Truck Laws
The Federal Motor Carrier Safety Administration (FMCSA) has rules in place relating to cargo tank safety. Businesses and truck drivers must comply with these rules. Failure to do so can lead to accidents, along with penalties for those responsible for them.
FMCSA also has hours of service (HOS) regulations. These relate to how long a trucker is allowed to spend operating a vehicle without taking a break. If a truck driver chooses not to comply with these requirements, they may get tired, to the point where they cause an accident.
If a truck driver or their employer violates a law, they may be held accountable. Much in the same vein, a trucker or the company that employs them may be liable for your accident. A Myrtle Beach tanker truck accident attorney may help you determine if you should sue an at-fault trucker, their employer, or both.
When to File a Claim
Generally, you have up to three years from the date you suffer a personal injury to pursue damages from any at-fault parties. For example, a tanker truck driver may take their eyes off the road, causing an accident that leaves you with an injury. You may submit a claim within three years of your accident — if you do not, you may be solely responsible for any related losses.
A tanker truck accident lawyer in Myrtle Beach will not wait to file your claim. You may notify your auto insurance company about your accident. Next, your insurer may work with the at-fault party’s insurance carrier to help you get compensation.
To achieve the best case results, it pays to have an experienced lawyer at your side. Your lawyer can negotiate with a liable party and their insurance company on your behalf. They can help you get a fair settlement.
Tanker Truck Accident Damages
A tanker truck accident attorney in Myrtle Beach can explain compensatory damages and how they apply to your case. You could be eligible for economic and non-economic compensation based on your accident. Reasons why a judge or jury may award damages include:
- Car repairs or replacement
- Lost wages
- Medical bills
- Pain and suffering
Your lawyer can help you calculate your losses. They may encourage you to ask for economic and non-economic damages. Your attorney can also help you craft an argument that shows a judge or jury that you are in no way liable for your accident.
Comparative Negligence in a Tanker Truck Accident Case
Your lawyer can provide you with a breakdown of negligence laws in South Carolina. One of the laws they may discuss with you relates to comparative negligence. Based on this, you may get only a portion of the damages you initially requested if you are found to be partly responsible for your tanker truck accident.
For example, a judge or jury may rule that you are 20% liable for your accident. If this happens, the judge or jury is saying the defendant in your case is 80% at fault. Therefore, the defendant may be ordered to pay 80% of your damages.
With comparative negligence, there are instances where you may share the blame for your accident with another party and be ineligible for damages. For instance, a judge or jury may rule that you are 51% liable for your accident. This means you are more at fault for your accident than the defendant and, as a result, may not be able to get compensation from them.
Tanker Truck Accident Case Settlement
In terms of how a personal injury settlement is determined, there are many factors to consider. Your lawyer will consider your immediate and long-term losses as they work with a liable party and their insurer to negotiate a settlement. If you get a settlement offer, your attorney will let you know about it, and you can review it with them.
You are not legally obligated to evaluate a settlement proposal, but it may be in your best interests to do so. A settlement offer may be reasonable, and if you accept it, you may close your case in less time than what would be required if you go to trial. Your Myrtle Beach tanker truck accident lawyer can help you assess a proposal’s pros and cons, and they can provide you with a recommendation on what to do with it.
Just because your Myrtle Beach tanker truck accident attorney recommends you approve a settlement offer does not mean you have to follow through on it. You make the final decision on a settlement proposal. If an offer does not align with your best interests, you may decline it without incurring any penalties.
Get Help from Our Highly Skilled Tanker Truck Accident Attorney in Myrtle Beach
At the Shelly Leeke Law Firm, we are committed to helping you achieve the best results in your personal injury case. We can take a look at your case and help you decide what to do next. To schedule a free consultation, contact us today.
