Accidents between garbage trucks and cars or pedestrians can all too easily happen. During their rounds, these trucks may endanger others when they suddenly stop, reverse, or pull out into traffic. If you were harmed in an accident involving one, our garbage truck accident lawyer in Myrtle Beach may be able to help.
Leverage our knowledge and experience to gain professional support at a time when you need it most. Our Myrtle Beach truck accident lawyer has handled a wide variety of accident scenarios, and Shelly Leeke Law Firm has served its community for over ten years.
Compensation After a Myrtle Beach Garbage Truck Accident
If a garbage truck driver caused an accident that injured you, you can recover compensation based on the severity of your injuries. Some of it is directly related to your financial costs, but the emotional cost of an injury can also be factored in. This may include:
- Damage to property, such as a home or a car.
- Medical costs you have already incurred and the cost of future treatment of your injuries.
- Wages or other earnings you have lost and will lose while unable to work.
- Compensation for pain, suffering, and emotional distress.
- Compensation for long-term disability or disfigurement and how it affects your quality of life.
Taken together, these amounts can add up to a sum that will help you while you recover or rebuild your life after serious injuries. Claims always come under scrutiny, so it pays to have a Myrtle Beach personal injury lawyer who will know how to show that you are eligible for the compensation claimed.
Determining Liability in a Myrtle Beach Garbage Truck Accident
In accidents involving government employees, the South Carolina Tort Claims Act limits actions that may be taken. Fortunately for accident victims, Myrtle Beach subcontracts many services, including garbage collection, to private entities.
In that case, the private subcontractor that handles garbage collections can be sued for damages in the normal way. In this instance, the contracting company will likely have liability insurance, increasing your chances of receiving adequate compensation.
However, it will still be important to show that the garbage truck driver or their company is to blame for the accident. A Myrtle Beach garbage truck accident attorney will investigate and have access to experts who can help analyze evidence from the scene of the crash.
How Garbage Trucks Cause Accidents
Driver negligence is the most common cause of garbage truck accidents, and your lawyer is experienced in gathering the evidence needed to prove negligence in a truck accident case. Collisions usually occur because:
- The driver is distracted.
- They are overtired.
- A driver is overconfident or lacks experience.
- The truck is improperly maintained. For example, the brakes fail.
Not all accidents caused by garbage trucks involve a direct collision with the truck itself. Objects that fall from the back of the truck may cause other drivers to swerve. This may mean that more than one person shares responsibility for an accident.
How a Garbage Truck Accident Attorney In Myrtle Beach Helps With Your Claim
A lot of evidence is needed when claiming compensation for injuries in a garbage truck accident. Your lawyer assembles all the information that shows you are entitled to claim, calculates your damages, and files a lawsuit.
The relevant insurance company is notified, and they will spend some time examining your claim to decide whether they are willing to settle. When they respond, they will generally raise some questions, as insurance companies will pay the minimum settlement possible.
Your lawyer negotiates with them and will inform you if an acceptable out-of-court agreement is reached. If settlement offers are inadequate, they will take your case to trial. Here, your attorney represents you before a judge who assesses the case impartially and makes a final ruling.
How Long You Have to File a Lawsuit After a Garbage Truck Accident
It is best to act fast after any type of accident involving a motor vehicle. Evidence is easier to obtain, and certain types of evidence that would otherwise be lost can be preserved. It may be necessary to wait for your medical team to decide the outlook for your injuries, and this may mean your lawyer must wait before filing a lawsuit.
Sometimes, people delay pursuing a lawsuit or claim. They may initially think their injuries are not bad enough to warrant one, or they may be unaware of their rights. In some instances, injuries can be so shocking that it takes time for families to consider the need for a lawsuit.
When the garbage truck is owned by a private subcontractor, you usually have three years to file per S.C. Code § 15-3-530 (5). This allows time to assess your injuries or to realize that you should make a claim. In general, we advise you to consult an attorney as soon as you have received emergency care.
How to Determine if You Have Grounds for a Lawsuit
If you have suffered injuries to your property or person after a garbage truck accident, the first step is to decide whether you have grounds for a South Carolina injury claim. You can claim if you were less than 50 percent at fault. Shelly Leeke Law Firm will work to show that the garbage truck personnel:
- Had a duty of care: In other words, they were required to be careful to avoid an action that may injure others.
- Breached the duty of care: They failed to take the necessary steps to keep people around them safe.
- The breach caused your accident: Your accident was a direct result of a failure to observe the duty of care.
- The accident caused your injuries: The specific injuries you suffered were not caused by anything but the accident.
Although this may sound very simple in theory, each of these points can be disputed in practice. For example, if it is believed that you made your injuries worse by delaying medical attention, it may be said that not all your injuries were caused by the accident.
Claim a Free Consultation and Learn Where You Stand
Shelly Leeke Law Firm invites you to make an appointment for a free consultation. Your garbage truck accident lawyer in Myrtle Beach will use this to assess your case so that you know where you stand.
If you have a case, we may offer to represent you on a no–win–no–fee basis. This means you can benefit from a lawyer who protects your rights even if you could not otherwise afford it. We are confident in our proven abilities, and you will be in good hands. Call us today.
