A garbage truck driver slams their vehicle into yours. This is incredibly frustrating, and you now have to deal with the aftermath of an accident caused by someone else. Fortunately, help is available. A Charleston garbage truck accident lawyer handles your legal matters. They can help you get money from a liable garbage truck driver or other at-fault parties.
The Shelly Leeke Law Firm has more than a decade of experience helping clients in personal injury cases. Trust a Charleston truck accident lawyer from our team to assist you with an insurance claim or personal injury lawsuit. Schedule a free case consultation with us to get started.
Why You Should Hire a Lawyer After You Get into a Garbage Truck Accident
A Charleston garbage truck accident attorney knows how difficult it is to receive money for the losses you incur due to someone else’s negligence. Following your garbage truck collision, your attorney learns about the incident and finds out who is liable. Next, they can ask for compensation for you through an insurance claim or lawsuit.
Ideally, a liable party’s insurer provides fair compensation for your losses. Unfortunately, this rarely happens. An insurance company is more likely to put its bottom line above your financial losses. Your lawyer can negotiate a settlement with the at-fault party’s insurance carrier. They are unafraid to take your case to trial if no settlement is reached.
The Shelly Leeke Law Firm backs our legal services with a guarantee. Hire us to represent you in your garbage truck accident case. If we do not get you a fair settlement or damages through a lawsuit, you do not have to pay us anything. Speak with a Charleston personal injury lawyer from our team to learn more about how we can help you with your garbage truck collision case.
When to File a Charleston Garbage Truck Accident Lawsuit
The statute of limitations for most personal injury claims in South Carolina is three years, per S.C. Code § 15-3-530(5). Consult with a garbage truck accident lawyer in Charleston to determine if you have grounds for a lawsuit. If so, your attorney submits your lawsuit before the time frame in which you are allowed to do so elapses.
Your lawyer shares legal FAQs and resources relating to your case. They want you to set realistic expectations for the legal process. Ultimately, this process can be lengthy. Regardless, your attorney is your legal advocate the entire way.
Filing a lawsuit does not mean your case will require a trial. Your lawyer can speak with the at-fault party about a settlement. If you get an offer that you feel is fair, you can close your case before your trial date. Alternatively, there is no need to approve a lowball proposal. Your lawyer will advise you to go to trial if you do not receive an offer that meets your requirements.
How Much a Garbage Truck Crash Case Is Worth
A garbage truck accident attorney in Charleston gives you information about what compensatory damages are and how much money you can receive from a liable party. Reasons a judge or jury could award you economic and non-economic damages include:
- Medical care expenses
- Costs of repairing or replacing your car
- Pain and suffering
- Loss of enjoyment of life
- Burial and funeral costs after a fatal accident
The proof needed in a South Carolina personal injury claim is substantial. Your lawyer prepares a body of evidence on your behalf. If you have an overwhelming amount of proof, a judge or jury could rule in your favor. Or, the defendant could propose a reasonable settlement due to concerns about the strength of your case against them.
Evidence to Use in a Garbage Truck Accident Case
Without evidence, it is your word against someone else’s claims in your garbage truck collision case. In this scenario, the court may rule against you due to your lack of proof. Your attorney considers evidence from a wide range of sources to support your case. Proof that could help you get the case results you want includes:
- Police report
- Witness statements
- Truck black box data
- Accident scene photos
- Traffic camera footage
Your evidence can show that a liable party was negligent. It is your responsibility to prove that a party acted negligently and caused your garbage vehicle accident. If you succeed, the court may be inclined to award you full damages.
How to Prove Negligence in a Garbage Truck Collision Case
Your lawyer is familiar with the evidence needed to prove negligence in a truck accident case. They want your proof to resonate with a judge or jury. At the same time, they evaluate evidence in conjunction with negligence. Your lawyer focuses on finding proof that highlights how the following elements of negligence were present at the time of your garbage truck accident:
- Duty of Care: Garbage truck drivers and other parties have a legal obligation to avoid acts that could put people in danger.
- Breach of Duty of Care: In a garbage truck crash case, your lawyer argues that the defendant had a duty of care to you and violated it.
- Causation: Because the defendant breached their duty of care, they caused your accident.
- Damages: Based on the defendant’s action, you have incurred quantifiable and subjective losses.
The South Carolina Contribution Among Tortfeasors Act establishes a modified comparative negligence system in personal injury cases. With modified comparative negligence, if you are 1-50% liable for your accident, the court can reduce your damages by your percentage of fault. If you are more than 50% to blame, you may be ineligible for damages.
Work with a Charleston Garbage Truck Crash Lawyer Who Keeps You Updated Throughout the Legal Process
The Shelly Leeke Law Firm has a successful track record in personal injury cases. Over the years, we have recovered millions of dollars in compensation for our clients.
Our team is here to help you with your garbage truck collision case. Request a free case consultation with us.
