Just because a garbage truck driver blames you for an accident does not mean you are responsible for the incident. Meet with a garbage truck accident lawyer in Beaufort. From here, your attorney reviews the facts of your case. They will let you know if you have grounds for a personal injury lawsuit against the truck driver or other liable parties.
Shelly Leeke Law Firm has recovered over $6 million in compensation for garbage truck accident victims and others. Let us represent you in your garbage truck collision case. To get started, schedule a free case consultation with a Beaufort truck accident lawyer from our team.
Why You Need Legal Representation If You Get Hurt in a Garbage Truck Accident Caused by Someone Else
If you think a liable party will take responsibility for your garbage truck accident, think again. Your garbage truck accident attorney in Beaufort knows what challenges you will face as you try to get money for the losses you have incurred. They advocate for you and put you in a position to receive fair compensation.
Your Beaufort personal injury lawyer can negotiate a settlement with the at-fault party’s insurance company. At the same time, they prepare your garbage truck collision case for trial. If no settlement is reached, your attorney is ready to present your case to a judge or jury.
Shelly Leeke Law Firm offers a guidebook for South Carolina accident victims and other resources to those dealing with the aftermath of a garbage truck crash. If you want legal help with your garbage truck collision case, we are here for you. Request a free case consultation with us.
When to File a Garbage Truck Accident Claim in Beaufort
Per the South Carolina Code § 15-3-530(5), you may have three years from the date of your garbage truck collision to ask for damages from any liable parties. Meet with a lawyer if you are debating whether to submit a claim. Your attorney will determine your eligibility for a claim and, if warranted, guide you through this process.
Filing a claim does not necessarily mean that your case will go to trial. If a liable party’s insurance company offers a reasonable settlement, you can approve the proposal and close your case. Alternatively, if an insurer makes lowball settlement offers or contests your claim, your attorney may advise you to take your case to trial.
In a trial, your attorney explains why damages are warranted. They may use accident scene photos and videos, a garbage truck driver’s logs and records, and other proof to strengthen their argument. If their argument resonates with a judge or jury, you are well-equipped to get case results that line up with your expectations.
How Much a Garbage Truck Accident Case Is Worth
Your Beaufort garbage truck accident attorney wants you to secure economic and non-economic damages. They calculate your losses and pursue damages accordingly. Reasons a judge or jury may award damages include:
- Costs of repairing or replacing your car
- Medical bills
- Pain and suffering
- Lost wages
Your lawyer teaches you about compensatory damages relative to your case. They encourage you to track your auto repair bills, medical expenses, and other costs you face due to your accident. Your attorney crafts an argument to show a judge or jury that a liable party acted negligently and, as such, should have to provide damages.
The Role of Negligence in a Garbage Truck Accident Case
You say a party was negligent, but a judge or jury needs to understand why you feel this is the case before you can recover damages. In their argument, your attorney emphasizes the following elements of negligence:
Duty of Care
A party has a duty of care if they are expected to avoid acts that could put people in danger. For example, a garbage truck driver must comply with posted speed limits. If this driver travels faster than the speed limit, they may not be able to stop quickly enough to prevent an accident.
Breach of Duty of Care
When someone violates a duty of care, they commit an act that would generally be considered careless or reckless. Examples of such an act can include driving a garbage truck while distracted or allowing someone without a valid commercial driver’s license to operate this type of vehicle.
Causation
If a party violates its duty of care, its actions can lead to a garbage truck crash. Your attorney wants a judge or jury to see the correlation between a party’s actions and that they contributed to your accident.
Damages
Your lawyer describes to the court that you are coping with quantifiable and subjective losses due to someone else’s decision to breach their duty of care and cause your garbage truck accident. If a judge or jury finds a party acted negligently, you could receive damages that serve you well for the foreseeable future.
Based on the South Carolina Contribution Among Tortfeasors Act, you and another party can share the blame for a garbage truck accident. If you are 1-50% liable for the incident, a judge or jury can reduce your damages by your percentage of liability. Comparatively, if you are more than 50% at fault, you may not recover damages.
Who Can Be at Fault for a Garbage Truck Accident
A garbage truck driver or their employer may be at fault for your accident. However, there are times when someone other than either of these parties is to blame for a garbage truck collision. Outside of a truck driver or garbage vehicle company, parties that can be liable for an accident include:
- Truck manufacturer
- Truck maintenance company
- Government entity
Your lawyer talks with witnesses, examines the accident and police reports, and assesses the traffic camera footage as they learn about your garbage truck collision. Next, they identify any liable parties and help you get compensation from them.
Get Compassionate and Dedicated Legal Guidance From Our Garbage Truck Accident Attorney in Beaufort
For over a decade, the Shelly Leeke Law Firm has provided comprehensive legal guidance to individuals involved in personal injury cases.
We can assist you throughout the legal process that follows a garbage truck accident. Contact our Beaufort garbage truck accident attorney today to get started.
