South Carolina Truck Accident Lawyers

Yes, it is best to have a truck accident attorney. The law allows accident victims to file their own claims against negligent truck drivers, trucking companies, and insurance companies. However, most accident victims end up working with an experienced attorney for several reasons.

First, the personal injury recovery process can be a hassle, and it may be a lot to take on in the wake of a major truck accident. For example, you will need to gather all the appropriate documentation required to file your case, including accident reports, investigation summaries, medical records, receipts, and more. In addition, to accurately identify the full extent of your damages, you will need to forecast the value of your future damages, including any decrease in earning capacity and necessary medical expenses.

These tasks are generally better left for attorneys to deal with. Attorneys know how to locate records and compile them in an organized, effective manner. This can make the recovery process much easier on you and your family, so you can focus on your recovery rather than preparing your case.

Another reason why most South Carolina truck accident victims decide to hire a lawyer is because they do not want to negotiate with an unscrupulous insurance company. Truck drivers and their employers are almost always covered by an insurance policy. Thus, when you file a claim after a semi-truck accident, the insurance company is the party legally responsible for defending against your claim. Insurance companies know when an accident victim is unrepresented and will often try to take advantage of this. For example, you may open the door and hurt your claim by including completely legitimate expenses in your claim that the insurance company then turns around and uses against you.

For example, an insurance company may approach you with a low-ball settlement offer, knowing that you are in a desperate situation and probably need money quickly. However, by taking these initial offers, accident victims leave a lot on the table. A South Carolina truck accident lawyer will know what the insurance company needs in order to offer a fair settlement offer. Additionally, insurance companies know that a lawyer will not hesitate to take a case to trial if a settlement cannot be reached.

The final reason truck accident victims choose to work with an attorney is that most personal injury lawyers take cases on a contingency basis. This means that accident victims pay nothing upfront to bring their claim. A lawyer will only bill the client if they can successfully recover damages on the client’s behalf. Thus, there is no risk to working with an attorney.

If you suffered injuries and want to ensure that you are fairly compensated for your damages, reach out to a dedicated South Carolina truck accident lawyer for immediate assistance.

Three years. South Carolina imposes a strict statute of limitations on all personal injury matters, including truck accident cases. The statute of limitations requires an accident victim to bring their case within three years of the date of the accident. If you were involved in a truck accident and file your claim after three years, the court will most likely dismiss your case. When this happens, you will almost certainly be left with no way to recover compensation for your injuries.

There are, however, exceptions to the three-year statute of limitations. For example, if a minor is injured in a truck accident, they will have until they turn 19 to file a claim. Another exception involves accident victims who suffer a legal disability, preventing them from understanding their right to file a claim. For these individuals, the statute of limitations allows them to file a claim within a year of when they are no longer under the effect of the disability. However, the extension in time cannot exceed five years.

While it may seem as though there is ample time to file a truck accident claim, it is always better to start the process as soon as possible. To successfully bring a claim against a negligent truck driver or their employer, you will need to present the court with proof of the accident and your injuries. This requires a detailed investigation, and, as time goes on, it often becomes more challenging to gather the necessary documentation and locate witnesses. By reaching out to a South Carolina truck accident attorney as soon as possible, you will make it easier for your attorney to prove your case.

Every case is different, and damages vary widely between accidents. However, as a general rule, state law allows truck accident victims to recover compensatory damages and, in some cases, punitive damages.

Compensatory damages are those that pay injury victims for the impact that the accident had on their life. Compensatory damages consist of two types of damages: economic and non-economic damages.

Economic damages are those out-of-pocket expenses that you incur as a result of the accident. For example, common types of economic damages in a truck accident case include:

• Past medical expenses
• Future medical costs
• Lost wages
• Decrease in earning capacity
• Property damage

These damages are objective, meaning they are typically proven by presenting the court with medical bills, work records, or receipts. To identify the full extent of your damages, it is crucial to understand the overall impact that the accident had on your life and what expenses you may face as a result.

Non-economic damages provide compensation for the psychological and emotional effects of the accident. Non-economic damages include the following:

• Pain and suffering
• Loss of enjoyment of life
• Emotional distress
• Physical disability or disfigurement

Non-economic damages are much more subjective because accidents affect people in very different ways. Consequently, to prove non-economic damages, you must be able to present a compelling story about how the accident changed your life. Are you no longer able to play with your children or grandchildren because of your injuries? Do you suffer from depression or anxiety as a result of the accident? Are you still living with lingering pain months after the conclusion of your treatment? A skilled South Carolina personal injury lawyer can help you identify your non-economic damages and persuasively present them.

Notably, South Carolina does not impose limits, or caps, on the amount of economic or non-economic damages that you can recover (except in medical malpractice cases and those cases naming government defendants).

The last type of damages in a South Carolina truck accident case is punitive damages. Punitive damages are different from compensatory damages because, instead of focusing on making the victim “whole” again, they focus on punishing the defendant for their actions.

Punitive damages are not available in every case. Courts will only award punitive damages in cases where an accident victim can prove by “clear and convincing evidence” that the defendant’s actions were willful, wanton, or reckless.” For example, punitive damages may be appropriate when a truck driver was under the influence of alcohol or illegal drugs but are not available in cases involving ordinary negligence. South Carolina law caps the maximum amount of punitive damages at $500,000, or three times the amount of actual damages, whichever is greater.

After being involved in a truck accident, life can feel like a blur. In addition to the physical and psychological effects, accidents also take a financial toll. While it may be difficult to look ahead during this challenging time, you must take certain steps to protect your health as well as your financial future. Below are a few things to keep in mind in the weeks and months following a South Carolina truck accident.

Report the Accident

After a truck accident, the first thing you should do is either call 911 or the local police or sheriff’s department to report the collision. Reporting the accident will ensure emergency responders come to the scene to determine if you, or anyone else involved in the accident, require life-saving medical treatment. Additionally, by reporting the accident, you create documentation of the incident, making proving your case much easier.

Collect Evidence From the Scene

If your injuries do not prevent you from doing so, it is a good idea to gather whatever evidence you can from the accident scene. While police officers will conduct an official investigation, you cannot be sure that they will not miss something. For example, you should take pictures of your vehicle, the truck, and any road signs or lane markings in the immediate vicinity. You may also want to talk with anyone who witnesses the accident, obtaining their name and contact information.

Go to the Emergency Room or Your Primary Care Provider

After a truck accident, your injuries may be obvious. However, that will not always be the case. If emergency responders offer to take you to the hospital to get checked out, take them up on that offer. However, even if they tell you that you are fine to go straight home, you must go to an urgent care facility or make an appointment with your primary care provider so a doctor can determine whether you suffered any less obvious injuries such as brain damage, spine or disc injuries, or soft tissue injuries.

Be Cautious Who You Speak to About the Accident

In the weeks after an accident, a representative from the truck driver’s insurance company will likely reach out to you to discuss the accident and your injuries. Remember, even if they come off as sympathetic, they are not looking out for your best interests. Insurance companies are interested only in settling your claim for as little money as possible, and anything you say to an insurance company representative can be used against you. Additionally, be careful about what you post on social media. Insurance companies have been known to dig up tweets and other social media posts. For example, if you claim you suffered debilitating knee injuries in an accident, you would not want to share a post from your recent ski trip.

Contact an Experienced South Carolina Truck Accident Law Firm

Even if you are not sure you want to bring a lawsuit, consider contacting a personal injury lawyer to discuss your situation. Once you have decided to move forward, having a lawyer’s assistance will make the process much easier for you and increase your chances of success. A lawyer can help you investigate the accident, prepare your claim, and negotiate on your behalf with the insurance company. If the insurance company is unwilling to extend a fair offer, your attorney will be able to take the case to trial without hesitation or delay.