Hampton, SC Truck Accident Lawyer
If you were hurt in a truck accident, you deserve compensation for what happened. The trucker and the company they work for should pay your medical bills, cover your lost wages, and pay for vehicle repairs. On top of that, pain and suffering damages can be substantial.
However, insurance companies rarely pay up just because you asked. We can negotiate with them and fight for better settlements, but if they refuse to pay up, we can take them to court to vindicate your rights.
Contact Burriss Ridgeway Injury Lawyers’ truck accident attorneys at (803) 451-4000 for a free case evaluation.
How Long Do You Have to Sue?
South Carolina gives victims 3 years from the date of the injury to get their case filed. You are allowed to take more time after filing, but the case must be in the door within 3 years, unless some exception is met.
When Should You Call a Lawyer?
Although you have 3 years to get your case into court, call a lawyer much sooner. We can start collecting evidence, building your case, and negotiating with the insurance companies well before the 3-year mark – and potentially even end the case before that if we can negotiate a fair settlement.
Can You Sue the Trucking Company?
In many cases, you can sue the trucking company, but you usually start by suing the driver.
Driver Liability
A truck driver is responsible for a crash if they meet the elements of “negligence”:
- They owed a legal duty.
- They breached that duty.
- That breach caused the accident.
- The crash resulted in damages to you.
If they are self-employed, the case might stop there.
Employer Liability
A trucker’s employer can also be held liable for what the trucker did on the job. This requires proving
- The trucker is an employee.
- The crash happened within the scope of their job duties.
- The truck driver was negligent.
If this is all met, the trucking company can be liable in the driver’s place.
Direct Liability
A trucking company can also be liable for things it did directly or through other employees. For example
- Negligent hiring or retention of a driver they should have known was dangerous
- Negligent upkeep and maintenance of their trucks
- Violating trucking regulations
- And more.
In these cases, you do the same negligence analysis: they are liable if they breached a legal duty to cause the crash.
Damages Available
A crash can result in many different damages. They usually fall into these categories.
Medical Bills
The cost of treating your injuries can involve anything from hospital stays and surgeries to rehabilitation and physical therapy. Medication should also be covered, as should things like prosthetics, crutches, medication, and mental health therapy.
Lost Wages
If your injuries are serious enough that you have to miss work, the cost of lost earnings should be covered, now and into the future. Days you miss at work while recovering, plus ongoing lost wages if your injury is disabling, should be accounted for.
Vehicle Repairs
Repairing your vehicle can be costly, and this expense should not be overlooked just because it is about property and not your injuries. If the vehicle’s repairs cost more than the remaining value of the vehicle, it is often “totaled” instead, meaning they pay you the remaining cost of the vehicle.
Pain and Suffering
The cost of your pain, emotional distress, mental anguish, etc. cannot be found in receipts and bills. Instead, we look at how severe the injuries were and their impact on your life to calculate pain and suffering and other “non-economic” damages.
What to Do After a Crash
After a crash, take the following steps:
Immediate Aftermath
- Get to a safe location to prevent a secondary crash.
- Call 911 to get police and ambulance response.
- Go with the ambulance to the hospital if you need more serious care.
- If not, receive any care you need at the scene.
- Get the other driver’s name and contact info.
- Get any witnesses’ contact info.
- Take photos of the crash, damage, and injuries.
- Note the location, time, weather, lighting, and road conditions.
- Check whether any signs or signals controlled the road/intersection where the crash happened.
- Look for any nearby cameras, such as security cameras, traffic cameras, or dash cams, that might have caught the accident on video.
Following Days
- Call a truck accident lawyer; do not try to handle the case on your own.
- Report your accident to your insurance company.
- File any claims you need to make with your insurance, such as medical payment coverage or collision coverage claims.
- Make insurance claims with the at-fault driver or drivers to get your damages covered.
- Work with your lawyer on evidence collection (medical records, bills, financial records, etc.).
- Have your lawyer reject any low-dollar offers and negotiate for a better settlement.
- Take the case to trial if the defense refuses to pay for your damages in full.
Should You Talk to Insurance on Your Own?
No. Always talk to the other side through your lawyers. Insurance wants to get you to make recorded statements, apologize, admit fault, and say other things they can use against you. Do not give them the ammunition to use against you.
The insurance company for the defense is not on your side, but even your own insurance company should not be trusted.
How Do You Know if a Settlement is Too Low?
If a settlement offer covers only the economic damages with nothing for pain and suffering, it is too low. Additionally, if it leaves off any other areas of damages, it is not enough.
Always check with a lawyer to understand whether the settlement is sufficient, as there may be areas of damages you are not thinking about.
Call Our Truck Accident Attorneys Today
Call (803) 451-4000 for your free case evaluation with our truck accident lawyers at Burriss Ridgeway Injury Lawyers.
