Bamberg, SC Truck Accident Lawyer
In a truck accident, the larger vehicle typically causes the smaller vehicle more damage. This means you could have walked away from the crash with life-altering injuries, if you could walk away at all.
Our attorneys help injury victims bring claims against the drivers and trucking companies responsible for their injuries. Insurance may be able to cover a lot of the damages you face, but only through proper negotiations. And if they refuse to pay a fair value, we can take the case to trial to get you paid.
For your free case review, call Burriss Ridgeway Injury Lawyers’ truck accident attorneys at (803) 451-4000 right away.
What to Do After a Truck Accident in Bamberg, SC
After your accident, take these steps to help secure evidence and get your case moving.
Call 911
You have to report accidents involving injury or death. When you call 911, the police can respond and write up a report.
When you call 911, also ask for an ambulance if you need immediate medical attention.
Get Medical Care
You need medical treatment to document your injuries and get them treated. Without care, it could look like your injuries are not that serious or that they did not actually happen from this accident.
Collect Evidence
At the scene of the accident, get all of the evidence you can:
- The other driver’s name and contact info
- The contact info for the trucker’s employer
- Vehicle info and license plate numbers
- Witness contact info
- Info about the accident scene (traffic signs, weather, lighting, etc.)
- Pictures of the scene and damage
- Information about any traffic cameras, security cameras, or dash cams that might have caught the accident on video
- And anything else you think would be helpful.
Call a Lawyer
Once you are set up with medical care, call our truck accident lawyers. Do not try to talk to insurance on your own or accept any money or sign any paperwork without having our lawyers review it first.
File Insurance Claims
Many cases can be resolved with insurance claims. These often take a few months for the company to investigate, but they may decide to settle the case. Even if their initial offer is too low, we can negotiate for a fair settlement.
File a Lawsuit
We can file a lawsuit at the same time, allowing us to take the case to trial if they refuse to settle. This allows us to increase the pressure to settle, since they know a trial is looming if they do not settle soon enough.
Who Covers the Damages in a Truck Accident Case?
Whoever is at fault is usually the one to pay for an accident, but insurance can defray a lot of these costs.
The Driver’s Insurance
The trucker needs commercial driver’s insurance, and it should have high policy limits to cover immense damages.
The Trucking Company’s Insurance
The trucking company should also have insurance. As discussed below, we can potentially hold the trucking company responsible in place of their driver or for its own mistakes. Their insurance should cover this.
The Trucking Company
The trucking company can also pay out of pocket if its insurance does not cover it all.
To hold a trucking company responsible, you can sue them in place of their driver. This is allowed when the driver caused the crash within the scope of their employment.
You can also hold trucking companies directly liable for things like negligent hiring/retention of dangerous drivers or dangerous maintenance issues with the company’s trucks.
Other Drivers
Just because a truck was involved in the crash does not mean the trucker was at fault. Other drivers could also be responsible, and they – through their insurance – can be made to pay for their damages.
Unlike a trucking company, individual drivers do not often have the money to pay for damages out of pocket, so the money they can pay is typically capped at their policy limit. This is why it is important to bring trucking companies into the case when you can: they can afford more damages.
Your Insurance
You may have supplemental policies on your own insurance that help cover things like vehicle damage through “collision coverage.” If the other driver’s insurance is not enough, you may also have uninsured/underinsured motorist coverage to help you out.
FAQs for Truck Accident Cases in Bamberg
How Long Do You Have to Sue?
Under South Carolina’s statute of limitations, victims typically get 3 years to file their injury claims.
Do You Need to Go to Court?
Maybe. If the insurance company contests your claim or refuses to pay the full amounts for your damages, we may need to file the case in court. However, we do not need to take the case all the way to trial if we are able to settle sooner.
Who Decides Trucking Injury Cases?
The insurance company gets the first chance to decide the case in your favor and pay what their driver owes you. If they refuse to do so, then we can take the case to court.
In court, the judge decides legal issues, and the jury decides the facts, the degree of fault for each driver, and the damages owed.
How Do Trucking Regulations Affect Your Case?
Many trucking regulations govern trucking companies and drivers. These requirements cover everything from equipment and inspection standards to driver health requirements to driving hour limits. If a trucking company or truck driver violates these rules, it can help you prove that they were at fault for the crash.
How Long Does a Truck Accident Claim Take?
Claims can take a few weeks to process and a few months to investigate before you get paid. However, difficult facts or confusing fault issues might take longer or lead the insurance company to drag out the claim and potentially refuse coverage.
Taking a case all the way to trial can take over a year in many cases, but most cases settle before that.
Call Our Truck Accident Lawyers in Bamberg, SC Today
For a free case evaluation, call Burriss Ridgeway Injury Lawyers’ truck accident attorneys at (803) 451-4000.