Just because a truck driver or another party attempts to hold you responsible for an overloaded truck accident does not mean you are liable. If someone else did something that caused your crash, seek legal help. A St. Andrews overloaded truck accident lawyer can help you secure compensation for your collision-related losses.
With more than 10 years of personal injury case experience, the Shelly Leeke Law Firm knows how to treat an overloaded truck collision claim. Allow a St. Andrews truck accident lawyer from our team to assist you with your case. Contact us today for more information.
Why You Should File a St. Andrews Overloaded Truck Accident Claim
A truck driver slams their vehicle into yours, and they make it sound like your crash is not a big deal. If you do nothing, you take full responsibility for your accident-related losses. Therefore, you have to cover the medical bills to treat your crash-related injuries and other associated losses.
Alternatively, a St. Andrews personal injury lawyer prioritizes your health, well-being, and legal rights. They want you to take care of yourself as you recover from your crash. Your lawyer will also encourage you to seek compensation from any liable parties through an insurance claim or personal injury lawsuit.
The Shelly Leeke Law Firm has helped our clients achieve outstanding case results. We will commit the time and resources to learn about you and your overloaded truck crash case and discuss your legal options in detail. Schedule a free case consultation with us.
How Much Time You Have to File a Truck Crash Claim
The South Carolina Code of Laws has limits in terms of how long you have to request compensation through an insurance claim or injury lawsuit. The statute of limitations for a personal injury claim is three years. An overloaded truck accident lawyer in St. Andrews can submit your compensation request immediately.
Your attorney can represent you if you file a claim through a liable party’s insurance company. Per state law, you have to carry proof of insurance in South Carolina. The truck driver or their employer could have insurance coverage, but their insurer may contest your claim.
If your lawyer cannot negotiate a fair settlement with an insurance company, you have the option to sue. The legal process may seem overwhelming. Thankfully, your attorney will guide you every step of the way.
What to Expect If You File a Lawsuit
An overloaded truck accident attorney in St. Andrews considers the statute of limitations carefully. They understand how long you have to file a lawsuit after a truck accident and will encourage you to submit your damages request right away. Once your lawsuit is filed, the legal process begins, and your attorney supports you as it moves forward.
Your lawyer will explain the best- and worst-case scenarios. They want you to understand what can happen throughout your litigation. Your attorney ensures you can make informed legal decisions.
If the defendant in your lawsuit proposes a settlement, you could resolve your case in less time than what would be required if you go to trial. Your lawyer can provide insights into how a personal injury settlement is determined. They can let you know if they believe a settlement offer is fair, and you will have the final say on whether to accept or reject it.
How Much Your Overloaded Truck Crash Case Is Worth
If you have questions about the damages you can collect after a truck accident, share them with your St. Andrews overloaded truck accident attorney. You could get economic and non-economic damages in your lawsuit. The damages you receive may include:
- Medical bills
- Lost wages
- Pain and suffering
- Car repair or replacement costs
The legal process offers no guarantees. Therefore, you can submit a damages request and expect to get 100% of what you want but fall short of achieving your desired result. Your lawyer works diligently to build a compelling argument, and if they succeed, they can show a judge or jury that you deserve full damages.
How to Build a Compelling Argument in an Overloaded Truck Crash Case
Proving negligence is critical in your overloaded truck collision case. If you can illustrate that a truck was loaded beyond its capacity and that the defendant was responsible, it may be clear to the court that you should receive damages. There are four elements of negligence you must prove to secure damages:
- Duty of Care: The defendant had a legal obligation to load and operate a truck in alignment with federal and state regulations.
- Breach of Duty of Care: The defendant overloaded their truck and, in doing so, violated their duty of care.
- Causation: The defendant’s decision to load up their truck excessively contributed to your accident.
- Damages: The defendant’s actions have caused you to incur losses.
Your attorney can provide a breakdown of negligence laws in South Carolina. They can craft an argument that the defendant could struggle to dispute. If this occurs, you may be well-equipped to receive a reasonable settlement offer.
When to Submit an Overloaded Truck Crash Wrongful Death Claim
If a family member is killed in an overloaded truck accident, the emotional distress you experience may feel like it is too much to handle. You and your loved ones support each other during this difficult period of your lives. A St. Andrews wrongful death lawyer could prove to be a valuable resource at this time.
A wrongful death attorney is compassionate to you and your family. They understand the pain that comes with the loss of a loved one. Your lawyer can help you hold anyone liable for your late family member’s fatal accident responsible for their actions.
Your lawyer can submit a wrongful death claim and take care of your legal matters. They can share updates as they attempt to secure damages for you and your loved ones. Your attorney remains accessible and will respond to your legal concerns promptly.
Get Legal Help from an Overloaded Truck Collision Lawyer
The Shelly Leeke Law Firm is a leading South Carolina personal injury law firm for truck accident victims and their families. We are available to evaluate your overloaded truck collision case. Request a free consultation with us.
