So the worst has happened. You were driving in your personal vehicle and got hit by a semi-truck. A total of 4,354 people died in 2023 as a result of a semi truck accident. These are often very severe accidents, and you may be entitled to significant financial compensation.
So what happens if you get hit by a truck? You can call a Columbia truck accident lawyer to help you out. Your case begins the moment the accident happens, and there may be steps you can take almost immediately to protect your legal rights and interests. Be sure to contact the police, get emergency medical help, and speak to an attorney about how you can get fair financial compensation from those responsible.
Call our South Carolina truck accident attorneys at Burriss Ridgeway Injury Lawyers at (803) 451-4000 and start your case with a free, private legal review.
1. Make Yourself Safe After the Semi Truck Accident
The first thing that you need to do after a semi truck crash is to make yourself safe. You should ensure that you and your vehicle are out of the road, far away from the path of traffic, to avoid secondary collisions.
You will need to check whether you or the passengers in your vehicle have any injuries. The most common truck accident injuries include injuries to the head and neck, broken bones, deep lacerations, and internal injuries.
Even if you don’t appear to have any injuries, you should still make sure that you go to a doctor soon.
2. Call Authorities and Stay At the Scene
When you are safe, you should call the authorities. You should call the police and potentially EMTs or the fire brigade if necessary. You must also stay at the scene of the 18-wheeler crash.
If you drive away, you could be falling foul of state laws that rule that doing so makes it a hit and run. The police may be able to determine who is liable in the truck accident and take action as necessary. If it’s a fatal truck accident, calling the police and staying at the scene is even more important.
The police will need to take statements from you and the truck driver. If the case has to go to court, these will be used as important evidence. When giving a statement, make sure that you don’t say anything that incriminates you, or you’re more likely to lose your case, should it go to court.
3. Create Your Own Evidence
If a semi truck hit your car, you will need to gather your own evidence to show that you weren’t at fault. If you have a dashcam or other video evidence, this is fantastic. You will also need to create evidence of the crash site.
We would recommend taking photos, videos, and recording audio if possible. You should take photos of things like skid marks, the damage to your vehicle and theirs, and any other details. These could help your South Carolina truck accident attorney later, so make sure that you get as much evidence as possible.
4. Exchange Information As Necessary
You will need to ensure that you swap information with other drivers involved in the accident. You should get names and phone numbers, as well as license plate numbers and insurance details.
These will make the next few steps easier and are required if you want to pay for repairs from your auto insurance policy. If you let the other drivers leave without getting their information, you will probably never see them again, and you will have a much harder time of it.
5. Call a Semi Truck Accident Lawyer
So now you’re away from the scene. What is there to do after a truck accident? First and foremost, if the crash was not your fault, you need to speak to a truck accident injury attorney.
These specialists can help you get the compensation that you deserve after a car crash with a semi truck.
If you’re wondering why you need to call a Columbia personal injury lawyer, there are many reasons. First off, your case may or may not be able to stand up in court. A lawyer is there to help you figure out whether your case has merit or not.
If it does and you decide to go to court, a Sumter truck accident lawyer can help you win your case. Arguing the case yourself is not recommended: you may not understand the full extent of the law and may make mistakes that cost you the case. Law is complex: hire a lawyer to help you.
6. Assess All Your Legal Options
If you were recently hurt in an accident with a semi truck, an attorney can go over all your legal options and help you decide the best way to pursue fair financial compensation.
Insurance Claims
Auto insurance exists for a reason, and most drivers injured in truck accidents pursue claims through insurance as a first course of action. Since South Carolina is a fault-based state when it comes to auto insurance, you may have to file a third-party claim with the trucker’s liability coverage. When you do, you must prove to the insurance that the trucker is at fault for the accident before they pay you any compensation.
If the trucker does not have insurance or your damages exceed their policy limits, you may file a first-party claim with your own uninsured or underinsured motorist coverage. You might also have a policy like MedPay that can help you pay for medical expenses after an accident.
Lawsuits
When insurance does not pan out or fails to cover all your damages, your attorney can help you prepare and file a personal injury lawsuit. You may sue the truck driver who caused the accident and possibly their employer. In many cases, trucking companies and distribution centers are held vicariously liable for the negligence of their employees on the road.
If the judge or jury finds in your favor, the defendant and their insurance may have to pay you the full extent of your damages, regardless of what any policy limits say. However, the outcome of a lawsuit is not a sure thing, and you must understand that you are taking a risk when you go to court.
Settlements
In some cases, defendants and their insurance providers would much rather offer a private settlement than hash things out in a courtroom. The settlement could be more than what you would get through an ordinary insurance claim, but not as much as you might get in a trial. The value of a settlement may be negotiated, and you should not accept the first offer. Whether you accept the settlement is up to you, and you should seek advice from your attorney.
7. Collect Your Evidence Before Going to Court
Before you go to court, you need to get all the evidence that you can.
Medical Records
It is imperative that you have medical examinations carried out by a doctor to prove any injuries that you or your passengers have suffered. Medical records related to your treatment should be obtained as soon as possible to use as evidence in court. We may also need medical experts, such as your treating physician, to testify about your injuries and explain them to a jury.
Photos and Videos
Photos and videos of the accident aftermath may preserve important details we can use to support your claims. If you can, take lots of photos of the accident scene while you wait for help to arrive. We should also check for dashcams in other vehicles and footage from nearby surveillance cameras for videos of the accident.
Witnesses
In most auto accidents, drivers exchange information so they can file insurance claims, and the same goes for semi truck accidents. In addition to the trucker, you should exchange information with all the other drivers involved in the accident, as well as with those who were not involved but witnessed the accident. These other drivers may act as witnesses and can testify in court about what they saw.
Discovery Phase
Before you go to court, there will be a process called discovery. This is where your attorney and that of the truck driver will exchange evidence and evaluate the case. You might find it strange to turn over all our evidence to the opposing party, but it is crucial so both sides can build the strongest possible case. This is often how we obtain evidence we might otherwise not be able to get, like business records from trucking companies.
8. Mediation or Trial
Depending on the causes of the semi truck accident, the case may end in mediation or it may have to go to court. If it goes to trial, you may have to make your case in front of the jury and judge, who will then decide who is at fault.
This is why having all the evidence that you can of the cause of the accident is vital. In deadly semi truck crashes or if the crash was caused by dangerous driving, it is unlikely that there will be a mediation phase, as it will be considered a criminal case.
9. File Your Case Before the Statute of Limitations Closes
You do not have very long to wait before you must decide whether to file a lawsuit. The statute of limitations places a strict time limit on your claims. If this time expires and you have not filed anything, you may be barred from ever bringing the lawsuit.
Standard Limitation Period
In South Carolina, the standard limitation period for personal injury claims is only 3 years. This means you have 3 years from the date your cause of action accrues to file your case, or you will be time-barred. Your cause of action usually accrues on the day that you are injured.
Tolling Options
In rare cases, plaintiffs may be able to buy extra time to file their claims by having the statute of limitations tolled. This is only available under very specific circumstances, and not being aware of the limitation period is not one of them.
One possibility is that you were a minor when the accident happened. Since minors often cannot initiate legal action on their own, they may have the statute of limitations tolled until they are 18. In that case, you would have 3 years from when you turn 18 to file your case, or until age 21.
FAQs About South Carolina Semi Truck Accidents
How Do Semi Truck Accidents Typically Happen?
Many semi truck accidents stem from truck driver negligence. Falling asleep at the wheel, driving while distracted, and speeding are just a few common examples. We should wait for the results of a police investigation to know for sure how the accident happened.
How Do I Get Financial Compensation After a Semi Truck Accident?
You may get financial compensation by filing insurance claims after the accident. Truckers and their employers often have significant insurance policies that may cover your damages. If insurance is insufficient, you can sue the trucker and their employer or accept a private settlement.
What Are My Claims in a Semi Truck Accident Case Worth?
Your claims may be worth substantial financial compensation. Injuries in truck accidents tend to be severe, and you might also experience extensive property damage and enormous distress and trauma. Your attorney can help you evaluate your specific damages.
Do I Need an Attorney to Help Me with My Semi Truck Accident Case?
You are not required by law to hire a lawyer, but you should do so anyway. You may be up against a large trucking company or corporate entity with significant financial resources and experienced attorneys. You need a lawyer who can fight for you in court and make sure you get the compensation you deserve.
When Should I File a Lawsuit for a Semi Truck Accident?
You should file your lawsuit, with the help of a lawyer, as soon as possible. In South Carolina, personal injury claims for things like truck accidents must be filed within 3 years. If this time passes and you do not file your case, you might never be able to do so.
Should I Get the Police Involved After a Semi Truck Accident?
Yes. Semi truck accidents are often large in scale, severe, and cause injuries to numerous drivers. Even if you do not call the police, someone else probably will. We need the police to investigate the crash and uncover evidence we might not be able to obtain on our own.
What to Do After a Semi Truck Accident: Contact a Semi Truck Accident Lawyer Today
Get in contact with us for a free case review by calling our South Carolina truck accident attorneys at Burriss Ridgeway Injury Lawyers at (803) 451-4000.
