Truck drivers must drive in a way that does not put other motorists at risk. When they act carelessly, drive distracted, or fail to follow federal and state safety regulations, the results are often devastating for the victims of an accident they cause. If you were the victim of a Charleston truck accident, you may be eligible for compensation to cover any damages you suffered.
If you or a family member suffered injuries in a truck crash because of a negligent truck driver, a truck accident lawyer in Charleston, SC from George Sink, P.A. Injury Lawyers can help you understand your rights. We can evaluate your case and handle navigating the claims process on your behalf.
Call us today at 843-628-0100 for a complimentary case review with a member of our team.
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Recoverable Damages in a Successful Charleston, SC Truck Accident Case
It is impossible to tell you how much money we may be able to recover for you until we investigate your case and understand the full value of your damages. Several factors play a role in how much your claim might be worth. They includes:
- The nature and severity of your injuries
- The type of treatment you require
- How long your treatment takes
- Any future or ongoing care you need
- How much time you miss at work
- Whether you can return to your old job or be forced, due to the collision, to get a new job
- The value of your vehicle and/or the damage done to it
- Other unique damages facts of your case
While we cannot put a potential monetary value on your case until much later (because doctors take time to heal you and then, and only then, determine how badly you are hurt), we can help you understand the types of damages we might be able to recover for you if we win your case. Below are some common types of damages we have recovered for victims of Charleston truck accidents:
Medical Care and Related Expenses
- Surgical costs, when necessary
- Inpatient treatment
- Ambulance transportation from the scene
- Prescription pain management and other medications
- Inpatient rehabilitation, if required
- Physical therapy and other therapies
- Any ongoing care costs
- Essential future care, if applicable
- Medical equipment
- Accessibility and mobility equipment
- Repair or replacement of your vehicle
- Any out-of-pocket costs to replace personal property damaged in the crash
Accident-Related Expenses and Losses
- Lost wages
- Diminished earning capacity
- Lost retirement and other benefits, if you cannot return to work
- Any out-of-pocket costs related to the accident, such as parking for doctor’s appointments or renting a car
- Renovations to your home related to accessibility issues including necessary wheelchair access
- Pain and suffering damages
- Mental anguish (e.g., anxiety, depression, etc.)
- Loss of enjoyment of life
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Liability in a Charleston, South Carolina Truck Accident Case
Liability can be complex in a truck accident case because the negligent party is not always the only liable party. The liable party in many South Carolina truck accident cases is the negligent trucker’s employer, often a trucking company. This is due to the doctrine of vicarious liability which allows us to hold the trucking company accountable when:
- We can prove the driver caused your accident
- The driver was employed by the trucking company
- The driver was acting within the scope of his employment at the time of the crash
Vicarious liability can work in your favor in one significant way: we can file your claim based on the trucking company’s much more substantial corporate liability policy. This policy usually has much higher coverage amounts than an individual driver’s insurance could afford. However, it does mean we will likely need to negotiate with a well-trained team of corporate attorneys to get a settlement in your favor. We love this challenge.
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Proving Your Charleston Truck Accident Claim
Our team investigates every truck accident we handle, building a strong case to support our insurance claim or personal injury lawsuit. This investigation allows us to get to the bottom of who caused your accident, how, and why. By identifying the factors that led to it, we can often prove the truck driver acted negligently and hold his employer accountable.
As a part of our investigation, we will:
- Identify, collect, and analyze all available evidence
- Survey and document the accident scene
- Try to determine if video of the crash exists
- Review witness statements and conduct interviews if necessary
- Work closely with an accident reconstruction expert
- Enlist the assistance of medical experts to help explain your prognosis
- Collect proof of any ongoing and/or future care needs
One of the reasons truck accidents are so difficult is because much of the evidence we need to collect and analyze is in the hands of the truck company. To preserve this evidence and gain access to it, we need to send the company a spoliation letter during the early part of our investigation. This is just the start of a long process.
This letter protects what may be evidence critical to proving your case, including:
- The trucker’s rest logs, both digital and manual
- Data from the truck’s onboard computer
- Dash cam video of the accident, if equipped
- Post-accident mandatory drug and alcohol test results
- The truck and trailer, or documentation of the damage
- The trucker’s employment history and other records
- The truck’s maintenance records
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Let Us Help You Navigate the Truck Accident Claims Process in Charleston, SC
Once we complete our investigation and have the evidence we need to build a strong case, we will reach out to the trucking company and its insurer with a demand letter. This letter will include:
- An outline of our claim against the driver
- Details about your expenses and losses related to the crash
- A payout amount we consider fair based on the specific circumstances of your case
Usually, this letter prompts the insurance company to send us a counter-offer. From there, we can sometimes successfully negotiate a fair settlement agreement. If not, we will to file a personal injury lawsuit in civil court to try to recover the money you need.
When we file a lawsuit and litigate your case, this puts the onus on the judge or jury in your case to decide if you deserve a payout and how much. We usually have three years from the date of the accident to file this type of lawsuit, under South Carolina law.
According to our Charleston personal injury lawyers, there are some exceptions to South Carolina’s statute of limitations in cases involving personal injury. In connection with a truck accident, for instance, a young person could sue for harm suffered during childhood if they were hurt in a truck accident at age fifteen. The law will not likely ban the person to bring the lawsuit at age 19 (the age limit in these cases), even though the three-year statute of limitations has passed. Talk to your attorney to learn more about this.
Talk to a Truck Accident Lawyer in Charleston, SC
If you sustained injuries in a Charleston, SC, truck accident, the personal injury lawyers from George Sink, P.A. Injury Lawyers may be able to help you file a claim and try to recover compensation. Our team can review your case for free and handle your claim on a contingency basis.*
Call us today at 843-628-0100 to meet with a member of our truck accident team in Charleston.
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