After an accident with a truck, your life may be forever changed, with physical and emotional injuries and financial loss. Without a doubt, you deserve fair restitution for your losses, and our Charleston personal injury lawyer at Shelly Leeke Law Firm can help you do just that.
Set up a free consultation with a Charleston truck accident lawyer to learn what you should be doing to hold those who hurt you responsible. We have recovered over $6 million for our clients during the past decade.
The Value of Hiring a Charleston Truck Accident Lawyer is Critical to Understand
Semi-trucks are among the most hazardous vehicles on the roads. If a truck collides with your car or SUV, you can suffer a serious injury. At this point, we can help you seek compensation from the at-fault trucker.
Truck accident claims are complex due to the powerful insurance companies and lawyers working behind them to reduce claims and losses. When you are a victim, you deserve full and fair compensation when someone else causes your injuries. That is why hiring an experienced truck accident lawyer is so valuable.
At the Shelly Leeke Law Firm, we encourage you to pursue damages from anyone responsible for your trucking crash. Our Charleston truck accident attorney is available to review your claim and help you decide if now is the right time to submit a personal injury claim. For more information, please contact us.
Types of Charleston Truck Accidents
Charleston’s busy highways, ports, and commercial zones are home to thousands of trucks on the road every day. While these vehicles play a vital role in moving goods and supporting the local economy, their size and weight also pose significant risks.
Below are some of the most common types of truck accidents we see in and around Charleston.
- Charleston 18-wheeler truck accident lawyer: Our team can help you hold the negligent party accountable in accidents involving 18-wheeler trucks.
- Charleston delivery truck accident lawyer: If a delivery driver from UPS, FedEx, Amazon, or another company hit you, they can be held liable.
- Charleston jackknife truck accident lawyer: We can represent you if you were injured in a jackknife truck accident
- Charleston overloaded truck accident lawyer: If a truck was overloaded and caused an accident, the driver, loading facility, or parent company can be held responsible.
Truck accidents are complex cases, no matter how they happen or what is involved, and that means having a skilled Charleston truck accident lawyer is one of the most important decisions you can make to protect your future.
If you are hurt and suffering from emotional, physical, and financial loss from a truck accident, let our attorneys help you uncover who is at fault and who should pay for your damages.
Common Causes of Trucking Accidents in Charleston
Truck accidents can occur in an instant. Whether it is a backup on I-26 that causes an accident from a driver who is not paying attention to the hard-to-navigate portions of Highway 17, it is not uncommon for truck accidents to occur in Charleston.
Nearly all truck accidents are preventable. That is why truck drivers receive such extensive training and education. Yet, still, there are thousands of injuries every year in the area from mistakes made behind the wheel of an 18-wheeler.
Over 500,000 trucking crashes are reported in the United States annually, according to the Insurance Institute for Highway Safety (IIHS) Fatality Facts 2022 report. These crashes cause both injuries and fatalities. They occur for many reasons, such as:
Distracted Driving
A trucker can lose focus behind the wheel because they are distracted from safe driving. If a trucker is driving while distracted, they can cause an accident. The truck driver can injure or kill other motorists or pedestrians in the crash and should be held accountable for their negligence.
Speeding
Truck drivers can face tight deadlines. Even though they are carrying heavy cargo, truckers may choose to drive faster than the posted speed limit. If a trucker speeds, they may not be able to stop quickly enough to prevent a collision.
Fatigued Driving
A truck driver may spend a long time traveling from point A to point B. It is a trucker’s responsibility to take breaks and ensure they are well-equipped to drive safely. If a truck driver feels exhausted, they may be prone to errors, which can lead to a crash.
Intoxicated Driving
It is illegal for any motorist to drive while intoxicated. If a trucker decides to operate their vehicle while drunk, they can cause serious harm. An intoxicated trucker can get into an accident and face criminal and civil penalties for their actions.
Improperly Loaded Truck
Vendors and distributors must load the vehicle correctly. If a truck is overloaded or has too much weight on one side, the trailer can tip or roll over when the trucker turns. A tractor-trailer can crash into other vehicles or pedestrians when it tips or rolls over.
How Much a Charleston Trucking Accident Claim is Worth
You may wonder if you need a lawyer for your South Carolina truck accident claim. Several variables influence the amount of compensation a plaintiff in a truck accident claim can receive.
It is impossible to tell how much your truck accident settlement is worth without thoroughly assessing your case. The total you can get depends on several factors, such as:
- Your age and health
- The extent or severity of your injury
- Medical treatment needed following the accident
- The duration of treatment or therapy required
- How likely you are to recover from your injury
- Lost wages
- Property damage
- Emotional distress
- How your injury impacts your quality of life
- If you are partly responsible for your injury
There is no standard payout set for truck accident claims. However, the factors listed here can be used to calculate the amount of your settlement.
Following your collision, a Charleston truck accident attorney can review your claim and estimate how much your case is worth before you file a claim for compensation.
Potential Parties that Could Be at Fault in Your Accident
One of the reasons we investigate a truck accident so thoroughly, even if law enforcement has already done so, is to determine all parties responsible.
The key to remember is that many truck accidents involve the fault of more than one person, and if you do not seek compensation from all parties, you could be minimizing your damages. Some of the parties that could be held accountable include:
- The truck driver: Often responsible for distracted driving, fatigue behind the wheel, impairment while driving, and reckless driving, such as speeding or tailgating.
- The trucking company: This is the employer of the truck driver, who may be responsible for ensuring the vehicle is in good condition, the driver has the necessary training and education, and the driver is taking the breaks required under the law.
- The cargo loading company: In some situations, a cargo loading company’s mistakes and misalignment with regulations can cause the truck driver to lose control. That company could be responsible for your injuries and losses.
- Vehicle manufacturer: The truck manufacturer could be to blame in situations where you are suffering serious injuries from a defect in the design or function of the vehicle.
- The city or state: Poor road conditions or otherwise hazardous driving rules can put the truck driver at a higher risk of causing an accident. We may try to demonstrate these losses.
With information about the accident cause, as well as records such as witness statements, commercial truck logs, and driver records, we can build a case that demonstrates who is at fault.
Let our Charleston truck accident attorney fight for fair compensation in your case by making it clear who caused these accidents. Expect us to be diligent and comprehensive throughout this process.
How to Strengthen Your Trucking Accident Claim
Truck accidents are often complex cases because multiple people are involved, and significant injuries and losses occur. While you cannot go back in time to make what happened any different, what you do following the accident can influence the settlement you obtain.
Documenting what occurred and working with a Charleston truck accident lawyer can be critical in getting the damages you are owed. Your goal is to calculate your losses accurately and get the medical care you need.
Then, let your lawyer handle the insurance company and lawsuit. The more evidence you can provide to your attorney about what occurred, the better.
After a trucking collision, there are steps you can take to strengthen your claim. By following these steps, you can improve your case against an at-fault truck driver and boost your chances of getting a fair amount of compensation from them. Here are the steps for you to follow to solidify your case:
Call 911
Move your car to a safe spot away from traffic and contact 911 to report your crash. Medical professionals will come to the accident scene to treat you and anyone else who has suffered an injury.
In addition, police officers will arrive at the scene, collect information from you and others involved in the collision, and prepare an accident report.
Get Medical Treatment
If you forgo medical treatment, you may miss out on an opportunity to identify and treat a traumatic brain injury (TBI) or another trucking accident injury that will affect you long into the future, which is why you need a Charleston traumatic brain injury lawyer on your side.
Do not try to “tough it out” in the moments following your trucking crash. Go to a doctor, undergo any evaluations that they request, and follow their treatment instructions.
Gather Evidence
Take pictures and videos of the accident scene. You can capture photos and videos of any damage to your car, your injuries, and any other evidence from the scene. Each piece of evidence you collect can compel a judge or jury to rule in your favor if you file a personal injury claim.
Avoid Social Media Posts
You may be tempted to publish content on X (formerly Twitter), Facebook, and other social media platforms about your trucking crash. Resist the urge to do so.
Otherwise, any content that you share on social media may be used against you if you submit a truck collision claim, so be sure to read Social Media During Your Personal Injury Case: Do’s & Don’ts.
Do Not Accept Responsibility for the Crash
You are not responsible for your crash, and you should not be held accountable for it. As such, do not say you may even be partly responsible for your collision. If you do, you could compromise your argument against a negligent trucker.
Consult with a Truck Accident Lawyer in Charleston
Schedule a consultation with a truck accident attorney in Charleston who can take a look at your case. Choose a lawyer who has an outstanding track record in trucking collision cases.
By partnering with an attorney who has helped past clients get their desired case results, you can boost your chances of securing the maximum amount of damages.
Your Charleston truck accident lawyer can help you navigate every step of this process and even handle the calls with insurance adjusters for you.
Your attorney can also provide peace of mind to you, making sure you know what your rights are and that they are protected. Most importantly, they know how to hold truck drivers and trucking companies responsible for their actions and mistakes.
The Shelly Leeke Law Firm has a wealth of experience in trucking crash cases. Our team can help you file your lawsuit and prepare a compelling argument against a negligent trucker. To learn more, please get in touch with us.
How Medical Expenses are Paid After a Truck Accident
Following a truck accident, you have options available regarding payment for medical services. If you have no health insurance, you can elect to pay out of pocket using a payment plan.
On the other hand, if you have health insurance, you may choose to pay out of pocket or submit the expenses to your auto coverage’s personal injury protection (PIP) policy for reimbursement if you have it.
If you suffer an injury in a left-turn accident or any other type of collision, you may be able to hold the at-fault trucker responsible with the help of a Charleston left-turn accident lawyer. Along with this, if a truck defect contributed to your crash, you may be able to sue the truck driver’s employer.
A trucking accident attorney in Charleston can help you figure out who is responsible for your crash. They will also look at your medical expenses and other losses that you have incurred.
Next, they will make sure that you submit your claim in accordance with South Carolina’s statute of limitations for personal injury lawsuits.
Keep in Mind: Wrongful Death Requires Careful Support
If your family member died as a result of a truck accident, seek out a wrongful death attorney in Charleston with extensive experience and a proven case record of success.
Doing so helps you to get the peace of mind you need as you pursue fair compensation for the losses your loved one suffered and those you may continue to suffer in the years to come. Allow our Charleston truck accident lawyer to guide you through the process of filing a wrongful death claim.
Wrongful death matters are some of the most heavily fought claims from trucking companies and insurance adjusters because they create such a large claim value.
You can expect insurance companies to work very hard to minimize any compensation that is paid to you as the family or to the estate. If you believe your loved one died as a result of the negligence of a truck accident, let our legal team investigate the claim fully.
Our firm can help you determine if you are able to file a claim, the potential value of your wrongful death claim, and who is responsible for paying those damages.
With our experience in holding at-fault parties accountable, we are confident we can guide you through this legal process with the support you need. We cannot make this right, but we can fight for justice.
How Much Time Do You have to File a Truck Accident Lawsuit
In South Carolina, you have up to three years from the date of your truck collision to sue anyone responsible for it, per the South Carolina Code of Laws, Title 15.
It is in your best interests to file your personal injury claim as soon as you can following your trucking crash. If you choose not to do so, you could lose your opportunity to get compensation from anyone who caused your crash.
A trucking accident lawyer in Charleston can submit your claim before the statute of limitations expires. Initially, they will ask you questions about your accident and learn as much as they can about your case. Then, they will file your claim and help you build your argument.
It can take months or years to resolve a truck accident lawsuit. Regardless, your attorney remains committed to your case. They help you put together an argument that shows a judge or jury that you deserve the most damages possible.
How Much Money Can You Get in a Trucking Accident Lawsuit
There is no limit on how much money you can get in a trucking accident case. You can ask for any amount of economic and non-economic damages in your lawsuit. Your attorney can help you calculate your damages and craft an argument that shows a judge or jury that you deserve this amount.
Economic damages are awarded based on medical costs, lost wages, and other expenses that you can quantify. Non-economic damages are provided for pain, suffering, and other subjective losses. Your lawyer will encourage you to pursue both economic and non-economic compensation and put you in the best position to secure these damages.
Just because you ask a defendant to pay you damages does not mean you will receive the full amount you request. You are still responsible for providing evidence to compel a judge or jury to rule in your favor. The defendant in your lawsuit may be inclined to propose a settlement if you have a strong case against them, too.
What to Do if You Get a Truck Crash Settlement Offer
There can be times when a plaintiff gets a settlement offer before their truck crash personal injury claim goes to trial. If you receive a settlement proposal, you have the option to approve, reject, or counter it. A trucking accident attorney in Charleston can help you decide what to do with a settlement offer.
Your attorney can explain how a personal injury settlement is determined and make sure that you submit a claim for a reasonable amount of damages. If a settlement offer is well short of what you are requesting in damages, your attorney may encourage you to decline it.
The defendant in your lawsuit may propose multiple settlement offers prior to your truck crash trial. You are not obligated to accept an initial offer. If you receive a settlement proposal that lines up with your expectations, you can approve it, which can close your case.
How Likely is it that Your Truck Accident Case Will Go to Trial
Most truck accident lawsuits are resolved before trial. The strength of your case, the severity of your injuries, and your attorney’s success in persuading a trucking company and its insurance provider to forgo a trial will all play a role in determining whether a judge or jury will decide your case.
If your lawsuit goes to trial, your truck accident attorney in Charleston will make sure that you are prepared for all that the legal process entails. Your attorney can answer any questions you have about what can happen during your proceedings. They will help you establish realistic expectations for your trial.
During a trial, a judge or jury hears what both your attorney and the defendant’s lawyer have to say. Your attorney will attempt to convince a judge or jury that you deserve full damages, while the defendant’s lawyer will try to dispute any claims against their client. If your lawyer succeeds, you will be awarded 100% of the damages that you originally requested.
What to Look for in a Truck Crash Lawyer
Not all personal injury lawyers handle truck collision cases. It is paramount to hire an attorney who understands the ins and outs of trucking crash lawsuits. This attorney will advocate for you and make sure that your legal rights are protected throughout your truck crash case.
It is beneficial to read an attorney’s client testimonials. Doing so can give you insights into what it is like to work with a lawyer. If you read through a lawyer’s client testimonials and believe the attorney may be a good choice, set up a date and time to discuss your case with them.
When you meet with a lawyer, share details about your case and listen to what they have to say about it. A lawyer will also provide honest and unbiased feedback about your claim. If a Charleston truck accident attorney believes you have a strong case, they will let you know.
Get Started with Your Charleston Truck Crash Lawsuit
The Shelly Leeke Law Firm is here to help you with your trucking crash claim. Our team can submit your claim right away. To find out more or request a free case consultation, please contact us today.
