In a truck accident, it is very likely that the immense weight and size of the truck is going to cause more problems for the other drivers than for the trucker. Truckers can often walk away from these injuries, but victims might not walk again.
Whether you suffered serious injuries like these or you suffered only moderate or mild injuries, you may still have a strong case for damages. We can fight to hold truckers and their employers liable, getting you the compensation you need for your crash.
Call our personal injury lawyers at Rice Law to get started on your truck accident case by dialing (803) 219-4906.
Do I Sue a Trucker or a Trucking Company?
It can be difficult to know whether you sue the trucking company or the trucker as an individual. In one sense, companies are nothing more than the employees that make them up, but whether the trucker is truly an “employee” will be important.
Employee Crashes
If the trucker is an employee at the company, then respondeat superior may allow you to sue the trucking company. This rule essentially translates to “let the master answer,” and it allows lawsuits against an employer for what their employee does on the job.
As long as the driver caused the crash while performing their job duties, the company they work for can be sued in their place.
Non-Employee Crashes
Other truckers might be independent owner-operators or independent contractors. This means they are self-employed in the eyes of the law, and they do not work for a company.
This means you cannot sue the company, because there basically is no company. They may have been hauling freight under a contract, but they are their own boss, and so the buck stops with them.
In any case, they still must have insurance to pay for their accidents, and it usually must be high-dollar insurance to cover trucking accidents.
Direct Liability
Another way trucking companies can be liable for a crash is if they did something themselves to cause the accident, e.g.:
- Trucking companies own the trucks, making them liable for equipment or maintenance issues.
- Trucking companies hire and fire drivers, making them responsible if they hired a known dangerous driver or kept a known dangerous driver on staff.
- Trucking regulations require driving limits, and trucking companies that do not enforce these put other drivers at risk.
- Similarly, trucking companies also have to follow loading and equipment requirements.
These violations or issues can make them liable to the drivers their truckers injured. These can sometimes even make the trucking company wholly responsible for the crash, potentially meaning the trucker did nothing wrong.
What is the Deadline to File an Injury Claim for a Truck Crash?
Most accident and injury cases need to be filed within 3 years under South Carolina law. Our truck accident lawyers can work quickly to get your case filed, but it is vital to give us as much time as you can.
This means contacting us as early as possible, and not waiting until the 3-year period is almost up. This gives us time to collect evidence and build your case earlier, potentially getting your case settled or in court earlier.
Do I Need to Sue or is an Insurance Claim Enough?
Insurance claims may be able to cover your injuries, but you should not rely on their values being correct.
Insurance companies are notorious for offering low settlements instead of paying the full damages, at least early on in the case. Their initial settlement offer might be a few thousand dollars – and that can seem great if you were just injured in a truck crash. However, if you take their money, your case is over for that value.
You cannot go back and claim additional damages later, and there are usually no legal grounds to undo a settlement like this. Trucking companies and their insurers often try to rely on tricking unrepresented victims like this.
When you have a lawyer on your side, we can tell you the true value of your case by examining the damages you faced and presenting evidence of those harms to the insurance company and trucking company. Then we can negotiate for a fair value.
You may be able to settle your case without going to court at all, but if they refuse to settle, then we can sue them.
Common Injuries for Truck Accident Victims in Hardeeville
Injury victims can sue for all kinds of injuries in a truck accident case. From spinal cord injuries and traumatic brain injuries that might affect you for the rest of your life to temporary broken bones and strains, our lawyers can seek full compensation for your injuries.
When we do, we will take into account not only the cost of treating them and the pain itself, but also any time away from work the accident causes you. This means, for example, that if your broken bone keeps you from working for 6-8 weeks, you should get 6-8 weeks of pay covered.
What Do I Do After a Truck Accident in Hardeeville?
If you were already in an accident and rushed to the hospital, this information may not be that useful, but it can be a great checklist of what still needs to be done. After a crash, you should do the following:
- Get to safety
- Call 911 and report the crash
- Get medical treatment from the EMTs and follow their advice about going to the hospital, if needed
- If not needed, stay and collect evidence
- Gather the names and contact info for all witnesses and involved parties
- Get the trucker’s employer information, as well as their insurance and commercial driver’s license info
- Take photos and request copies of any camera footage the trucker or another driver has
- Note the time, place, weather, lighting, and road conditions.
From there, you should call a lawyer as soon as you can. We can help you get any additional medical care you need, gather medical records, get copies of the police report, and begin the process of building your case and negotiating with the at-fault parties for damages.
Call Our Truck Accident Attorneys in Hardeeville Today
To get started in a free case review, call Rice Law’s truck accident attorneys at (803) 219-4906.