Automotive

Truck Accidents: How Liability Can Impact Your Claim

Over a thousand injuries occur yearly in South Carolina because of truck crashes; it’s essential to understand that this type of vehicle accident differs from a standard car crash. 

If you sustained injuries in a truck accident, qualified truck accident lawyers can help. You might be entitled to seek compensation that will cover your expenses, such as medical bills and lost wages. One of the key elements in determining the compensation recovered following an truck accident is liability. 

Who Is At Fault in a Truck Collision?

A truck crash differs from a car crash on a highway or street in that one of the drivers is at fault. Vicarious liability may be applicable if you were hit by a truck. 

That means multiple parties can be at-fault for the accident, including the truck driver’s employer. Factors that potentially influence the trucking company’s level of legal responsibility include:

  • Lenient retention policies
  • Lack of training
  • Poor hiring practices
  • Allowing unqualified drivers to operate trucks
  • Neglecting routine maintenance on the trucks
  • Insufficient supervision 
  • Faulty truck parts

Compensation for Damages and Loss

The exact compensation received following a truck accident depends on various factors, including the following:

Medical Bills

Any medical expenses are eligible for coverage by a personal injury lawsuit or through an insurance claim—fees associated with therapy, hospitalization, ambulance transportation, medical treatment, and more. 

Future Expenses

Someone who sustains severe or permanent injuries or impairments due to the truck accident must consider future treatment and medical care. Estimating these costs involves a specific formula established by the courts. 

Loss of Income

Once you get injured in an accident, even the most minor injuries could keep you from going to work. Compensation for lost wages can include money from tips, gig work, income, commissions, salaries, and more. 

Reduced Earning

Persisting injuries may prevent some individuals from getting back to work or working the same length of time as they used to. You can receive compensation to recoup this loss of income.

Miscellaneous Expenses

The insurer may have to pay potential expenses such as treatment, accident, and injury-related fees. Therefore, you must keep all receipts for your record.

Pain and Suffering

Victims of crashes can receive compensation for intangible losses stemming from the accident. “Pain and suffering” includes various non-economic damages that truck accident victims endure.

If any of these things have happened to a family member, you have rights. The law in South Carolina states that the victim’s family can seek compensation in cases of wrongful death. 

This law offers an avenue for families to seek damages for considerable losses and expenses—including intangible losses.

Obtaining a Fair Settlement 

Fault is determined after investigating all available evidence and identifying any at-fault entities. In general, there is likely co-responsibility, and we’ll hold everyone accountable to get the compensation you’re owed. 

The following factors help establish liability:

Duty of care

This basis means that the party at fault had the legal responsibility to act in a way that didn’t cause harm to others. 

Breach of duty

A violation of duty indicates that the liable party engaged in a breach of duty by being negligent, which resulted in harm. 

Causation

The party at fault directly caused the accident and your injuries, which makes them liable for the damages you sustained. 

Additionally, obtaining a fair settlement requires the following documentation on your behalf:

  • Police reports
  • Accident reports
  • Pictures of your injuries and any other damages
  • Pictures of the accident scene
  • Safety records 
  • Witness statements
  • Driver logs

A truck accident attorney can help you obtain all appropriate documentation. 

Final Thoughts

While modern trucks utilize multiple safety features, accidents can still occur, and they can result in devastating consequences for all involved, including serious injuries and on-going financial complications. If you’ve been injured in a truck accident, you’ll want to contact a truck accident attorney to help you determine all of your legal options.

Recovery from a truck accident is possible, including financial compensation to help you deal with medical bills and other related expenses.  

Suzanne Elly

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Suzanne Elly

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