Were you recently struck by an 18-wheeler? Are you struggling to cope with the physical, psychological, emotional, and financial losses that have turned your life upside down? If so, it may be time to take action against those responsible for causing your injuries.
An experienced Denny Terrace truck accident lawyer at Shelly Leeke Law Firm can help you get through these trying times and maximize your financial recovery. When you need a Denny Terrace personal injury attorney you can count on, our team is here to help you demand justice. Contact our South Carolina personal injury law offices for a free, no-obligation consultation today to learn more about potentially liable parties, the value of your losses, and what to expect from the truck accident claims process.
Grounds for a Truck Accident Lawsuit in Denny Terrace
Before you reach out to a truck accident lawyer in Denny Terrace, SC, you may want confirmation that you have grounds for a claim. Many people are quick to assume that they are only eligible for compensation through a lawsuit if they have suffered life-threatening or catastrophic injuries.
However, this is not the case- though we do see certain types of injuries more often in commercial truck wrecks, such as:
- Spinal cord injuries
- Back and neck injuries
- Brain trauma
- Burn injuries
- Compound fractures and broken bones
- Internal bleeding
- Facial and dental injuries
- Shoulder and hip injuries
- Organ failure
However, if you have suffered another injury that was not described in the list above, you should not feel discouraged. The type of injury your physicians have diagnosed you with will not determine whether you have grounds for legal action. Instead, how significantly your injuries have affected your life and whether the elements of negligence have been met will.
The Elements of Negligence
The elements of negligence include:
- Duty of care
- Breach of duty
This essentially means that the individual accused of being responsible for the truck accident must have owed you a duty of care and failed to uphold their responsibilities, ultimately causing you to suffer significant and impactful damages.
Common Causes of Denny Terrace Truck Accidents
Once your car accident lawyer has determined that you have met the grounds for a claim, we will need to begin our in-depth investigation into the cause of the collision. Figuring out who is at fault is our top priority, as this party will be responsible for compensating you accordingly.
Commercial truck accidents are far more common than nearly any other type of collision. This is especially devastating, given the excessive size of these vehicles in comparison to other types of transportation, such as motorcycles, bicycles, sedans, SUVs, and even pickup trucks. Some of the most common causes of these truck wrecks include:
- Distracted driving
- Failure to stop
- Road rage
- Drunk or drugged driving
- Failure to use a turn signal
- Failure to check blind spots
- Driving while fatigued
- Reckless driving
- Lost loads
- Improperly secured cargo
- Dangerous conditions on highways and roads
- Inclement weather
- Malfunctioning or defective truck parts
Who to Sue for Damages After a Truck Accident in Denny Terrace
It is critical that we determine the cause of your accident so we know who should be sued for your damages. Your Denny Terrace truck accident attorney will carefully evaluate the cause of the collision to reveal potentially liable parties.
For example, if a lost load or improperly secured cargo caused your accident, not only could the truck driver in question be held accountable, but so could cargo loaders, the trucking company, and manufacturers of equipment meant to secure loads on 18-wheelers.
However, if your truck accident happened because the trucker fell asleep behind the wheel after driving for the last 24 hours, the truck driver and trucking company may be liable. This is not only because the truck driver fell asleep at the wheel but because Federal Motor Carrier Safety Administration (FMCSA) work-hour regulations were violated and, if followed, could have prevented the collision.
Calculating the Value of Your Denny Terrace Truck Accident Case
It is crucial to go over your damages in detail to accurately calculate the value of your truck accident case. It may surprise you to learn you have the right to be made whole. This means you should receive compensation for every single loss you experienced due to the liable party’s negligence.
General Damages vs. Special Damages
Damages may be categorized as general or special, economic or non-economic. General damages correlate with non-economic damages, while special damages correlate with economic damages.
General damages do not have a fixed financial value, while special damages do. Collectively, they are commonly known as compensatory damages, as you are entitled to their recovery. Examples of compensatory damages after a truck accident in Denny Terrace include:
- Lost wages
- Emotional distress
- Physical pain and suffering
- Loss of future potential earnings
- Permanent disability
- Skin scarring
- Loss of consortium
- Medical expenses
- Loss of enjoyment of life
- Loss of household services
- Vehicle repairs or replacement
It is also possible exemplary or punitive damages could be awarded in your case. However, these are not compensatory. You should never plan on being awarded punitive damages as part of your settlement.
In the event that the South Carolina civil courts determine the accused party’s actions are grossly negligent, abhorrent, malicious, intentionally harmful, or otherwise reprehensible, they may issue an award of punitive damages to punish the defendant for this willful and wanton misconduct.
Get Help from a Truck Accident Attorney in Denny Terrace, SC Today
When you have suffered debilitating injuries in a commercial truck wreck, you need a legal advocate by your side who can ensure you receive total and fair compensation for your damages. Working with a respected Denny Terrace truck accident lawyer at Shelly Leeke Law Firm is an excellent way to get help negotiating with insurance companies, protecting your financial interests, and ensuring all parties that contributed to your injuries are held accountable to the fullest extent of the law.
When you are ready to get started on your case but do not know how, begin by filling out our online contact form or calling our office to schedule your 100% free consultation.