South Carolina Truck Accident Lawyer
Semi-trucks are among the most dangerous motor vehicles out on the road. If you have recently been involved in a crash with a semi-truck, contact a South Carolina truck accident lawyer right away to find out what legal remedies could be available to you. A knowledgeable personal injury attorney could guide you throughout the claim process and help you seek the financial compensation you need to move forward.
Common Causes of South Carolina Truck Collisions
A truck collision could occur at any point in time, and the causes can vary. It is essential to pinpoint the cause to present a successful truck accident claim. A knowledgeable South Carolina truck wreck lawyer could help the injured party determine precisely what happened and who is at fault. The following are among the most frequent causes of truck collisions:
- Driving under the influence
- Road hazards
- Defective vehicle parts
- Drowsy driving
Assessing Liability in South Carolina Truck Crash Cases
Truck crashes differ from standard car crashes in the sense that they often involve multiple liable parties. Once the plaintiff is ready to commence their claim, one of the first steps a South Carolina truck collision attorney would take on their behalf would be to determine who was responsible for the wreck. Depending on the details of the wreck, a third party such as a government agency or manufacturer could be held liable.
Also, while the truck could be responsible for causing the crash, they could be one of the numerous parties who could be held liable for the plaintiff’s damages. The truck company, the company responsible for maintaining and repairing the truck, the company that employs the truck driver, and the company that hired the trucking company to transport cargo are all potential parties who could be found at fault in a South Carolina truck accident case.
Determining Compensation in a South Carolina Truck Accident
The first kind of damages that could be recovered following a truck accident are economic damages, which could include past and future financial losses suffered by the plaintiff, such as lost income, the cost of vehicle repairs, and medical care. Non-economic damages are the intangible losses suffered by the individual, providing compensation for things like emotional trauma or physical pain. Injured claimants may be eligible to recover compensation for damages such as:
- Medical expenses
- Lost earning capacity
- Lost wages
- Pain and suffering
- Emotional trauma
- Mental anguish
One law that could impact the level of compensation recoverable by a plaintiff is the state’s comparative negligence law found in the South Carolina Code of Laws § 15-38-15. According to this law, when the judge or jury finds that the injured party was partially responsible for their damages, this does not necessarily bar them from any financial recovery. However, under South Carolina’s comparative negligence law, the plaintiff’s total damage award would be reduced in accordance with the percentage of blame assigned.
The plaintiff could only recover financial damages if their level of fault did not surpass that of the defendant. For example, if the plaintiff was found to be 35 percent to blame for the collision that caused their injuries, they could recover only 65 percent of their total damage award. However, if the plaintiff is more at fault than the defendant, they would be unable to collect any compensation.
Time Limits to File a South Carolina Truck Wreck Case
S.C. Code Ann. § 15-3-530 provides truck crash victims three years from the date of the accident in which to file a lawsuit for damages with the state’s civil courts. If the plaintiff delays and does not assert their claim until after the statutory deadline has passed, the court could dismiss the case and refuse to hear it, barring the individual from recovering financial damages. A seasoned lawyer could help an injured truck accident victim file a claim promptly.
Connect with a South Carolina Truck Accident Attorney
A semi-truck collision could be more frightening and painful than other types of motor vehicle accidents and reap significantly more damage. The injured party could face ongoing discomfort from physical injuries, not to mention grappling with the mental trauma they have experienced. Schedule a claim review today by connecting with a South Carolina truck accident lawyer to discuss the full extent of legal options at your disposal.
