Truck Accident Lawsuits | Claim the Compensation You Deserve

Accidents involving large trucks can become catastrophic. The weight and force of a truck impacting another vehicle can cause millions in damages, permanent injuries, and death. Being in a truck accident in South Carolina can leave you with unforeseen medical bills and expenses you can’t afford. An experienced truck accident attorney from HawkLaw can work to help you protect your right to compensation so that you can recuperate and move forward.

Who Can File a Truck Accident Lawsuit?

If you have been injured in a truck accident in South Carolina, you may file a claim against the liable party to cover the damages and expenses you incurred as a result of the crash. Determining the party at fault can be difficult. Trucks are often owned and operated by different companies, and both the driver and the person(s) responsible for loading the truck could also be at fault. Hiring an experienced truck accident attorney can help you establish fault and determine how and where to file your claim for damages.

Filing a claim is the first step in receiving compensation. If your claim cannot be settled out of court, then we may need to file a lawsuit in court.

How Does the Process of Filing a Truck Crash Lawsuit Work?

The process of filing a truck crash lawsuit in South Carolina can vary based on the exact circumstances of your case. Generally, this is how it works:

Step One: Hiring a Truck Accident Lawyer

Hiring an attorney to represent you in your truck accident claim is a big decision. Hiring your lawyer based solely on their advertising presence isn’t a good idea. Instead, vet potential lawyers by meeting with them directly (either in person or over video chat) and asking questions about their experience, processes, and history. This gives you a more detailed understanding of their skill set, tactics, and personality. When you meet with a potential lawyer, there are several questions you should ask.

• How much experience do you have trying cases? It is important to hire an attorney with trial experience should your case need to be tried in court. Find out how many cases your potential attorney has tried, and ask about the outcomes.
• What is your success rate? A skilled attorney should have excellent negotiating skills. Ask about recent personal injury cases your attorney has settled and how successful they were in securing compensation for their clients.
• How do you bill clients? A contingency fee structure is common for personal injury cases. When an attorney works on a contingency fee basis, they will not collect their fees from you until they have settled your case and you receive a settlement. Not all firms operate on a contingency fee basis.
• How often will you send me updates? It’s important to set realistic expectations for communication. Ask a potential attorney how frequently you’ll be contacted with case updates, and how soon you can expect to have emails and telephone calls answered.

Talking to family and friends and reading online reviews are also useful tools in helping you select an attorney. At HawkLaw, our team of truck accident attorneys has decades of experience negotiating settlements and trying personal injury cases. Our successes allow our clients to recoup their expenses and continue with need therapies and treatments. We fight aggressively for our clients so they can focus on their recovery.

Step Two: Filing an Insurance Claim After a Truck Accident

After you have hired an attorney to handle your claim, they will file a claim with the at-fault party’s insurance company on your behalf. In truck accident cases, there may be more than one party liable for your injuries and damages. Your attorney will negotiate a settlement with all involved parties, protecting your rights and striving to maximize the amount you receive.

Many cases are settled out of court through these types of negotiations. Trying a case can be expensive, and most insurance companies don’t want to bear the burden of trial costs in addition to a potential settlement payout.

Step Three: Filing a Lawsuit with the Court

If, however, your case cannot be settled through negotiations, your attorney will file a lawsuit on your behalf. A lawsuit starts when your attorney files a complaint with the court. Your attorney will build your case by filing discovery, collecting evidence, and hiring expert witnesses to give their testimony concerning your accident, injuries, and recovery progress.

Both sides have the opportunity to submit evidence to the court to support their arguments. The judge may order the parties to mediation to attempt to settle the lawsuit before it goes to trial. One party may file a motion for summary judgment, asking the judge to grant them their judgment without a trial. If an agreement is not reached, the case may move to trial.

Step Four: Going to Trial

If your case does go to trial, your attorney will represent you in court, protect your rights, and work diligently to get you the settlement you deserve. You should know that your case might still settle at some point, even if the trial has already begun. Once a judge or jury has rendered a verdict, though, it will be too late for the defendant(s) to settle.

Is Filing a Truck Accident Lawsuit Easier Than Filing a Car Crash Lawsuit?

No. Truck accident cases can be complex, involve multiple parties and their insurers, and cross state lines (and laws) when trucks are traveling through numerous states daily.

Establishing Liability for a Commercial Vehicle Crash

You may think that the truck driver is the at-fault party in a truck accident. While they may be to blame, there may multiple other parties who might share liability like:

• The owner/operator
• Companies that are responsible for maintaining the truck
• The parties that loaded the truck
• Shippers and brokers
• Other drivers out on the road

A skilled attorney can help determine who is liable for your accident and make sure that the appropriate claims are filed.

How Jurisdiction Affects Truck Accident Lawsuits

The trucking industry is foundational to the nation’s economic growth. It facilitates the movement of goods across the country and allows us to order an item one day and receive it on our doorstep the next. Forecasters estimate freight tonnage will increase to 28% by 2032. Increased freight demand means more trucks on the roadways and an increased risk of trucking accidents.

When a truck accident happens in South Carolina, the injured party needs to know where to file a lawsuit. If the truck is owned and operated by a South Carolina company then the lawsuit would be filed in that state. However, if the trucking company is out of state, an issue of jurisdiction may arise meaning the case may need to be tried in another location. An attorney experienced with commercial vehicle accidents can determine the proper jurisdiction.

Truck Accidents Often Cause Severe Injuries

The injuries caused by truck accidents are often permanent and life-altering. Truck accidents can produce injuries like:

• Brain Injury. Traumatic brain injuries (TBIs) can occur when the head is struck or impacts another object. TBIs can also occur when the neck whips with enough force to cause the brain to strike the inside of the skull.
• Burn Injury. Burns may result in accidents that involve chemical spills or fire. These injuries can leave a person with a loss of muscle tissue and significant scarring.
• Broken Bones. Broken bones are common in truck accidents. In addition to breaks in the appendages, broken ribs, hips, pelvis, neck, and spine breaks can occur.
• Child Injury. When a child is injured in a truck accident, it can permanently affect their growth plates and future development, and/or leave them permanently disabled.
• Spinal Cord Injury. Injuries to the head and neck may result in spinal cord injuries. These injuries are severe and can cause permanent disability and impairment.
• Wrongful Death. Truck accidents can be fatal, resulting in the death of involved parties. As the survivor of an accident victim, you may entitled to compensation to cover your loved one’s final expenses and/or losses related to their financial support.

This is not an exhaustive list of injuries. Some injuries may not even present symptoms until several weeks or months after an accident.

Why Is My Truck Accident Lawsuit Taking So Long?

Truck accident lawsuits can be lengthy. The specific amount of time your case takes depends on factors like:

• The number of parties involved
• Court caseload
• The severity of your injuries
• Litigation timelines

Having an attorney who communicates with you effectively and frequently can give you reassurance that your case is still in motion and being attended to. At HawkLaw, our goal is to move as expeditiously as possible to get you a settlement sooner.

How Much Money Will I Get from a Truck Accident Lawsuit?

The exact amount of your settlement depends on the damages and injuries you sustained. Policy limits also play a role in how much a person may be able to collect. South Carolina has notably high hospital costs. The average cost for a hospital visit in South Carolina is $2,511.00. This cost does not reflect additional fees for labs, imaging, surgery, or overnight stays.

Understanding Commercial Vehicle Insurance

The policy limits of a truck’s insurance policy may also affect your settlement. Insurance companies have limits on what they will pay per accident. There are also limits on what an insurance company will pay for a specific injury. For instance, if you have an injury that costs you $100,000.00, but the at-fault party’s insurance coverage has a $50,000.00 limit for that specific injury, your settlement amount cannot exceed $50,000.00.

In cases where injuries exceed the policy limits, injured parties have the option to ask the at-fault party for additional insurance carriers who may be able to pay the difference or seek legal action against them for the remainder of the damages.

How South Carolina’s Modified Comparative Negligence Rule Could Affect Your Award

In South Carolina, your ability to collect a settlement is also governed by the comparative negligence rule. This rule states that if you are found to be less than 51% at fault for your accident, you may be able to collect compensation from the other party. If, however, you are found to be 51% or more at fault for the accident, you may not be able to collect compensation for your injuries and damages.

If you are found any percent at fault, the amount you can collect will be reduced by that percentage.

When Will I Get My Compensation Award from My Truck Accident Lawsuit?

Your attorney will handle the transfer of funds from the insurance carrier to you, and withhold their attorney fees if you agreed to a contingency fee.

Can I Afford a Truck Accident Lawyer in South Carolina?

Not many people have the money to pay for accident representation upfront. For this reason, the contingency fee* basis is the solution. At HawkLaw, we do not collect our fees until after we win your case.

Do You Have a Truck Accident Lawsuit Attorney Near Me?

HawkLaw proudly serves clients throughout the Palmetto State. We maintain offices in Greenville, Spartanburg, Columbia, Charleston, and Anderson. No matter where you are injured in South Carolina, our truck accident attorneys are here to help.

Learn More About Truck Accident Lawsuits from Attorneys You Can Trust

When the unthinkable happens and you or a loved one are involved in a truck accident, you need the assistance of a compassionate, experienced attorney you can trust. The team of skilled attorneys and staff members at HawkLaw make it our mission to fight for your compensation so that you can focus on your recovery and rebuilding your life. Contact us today to schedule a free consultation.