Greenville, SC Truck Accident Lawyer

Getting paid for your injuries after a truck accident is often difficult.  The insurance companies and the trucking companies involved in the case might fight your claim and put up every roadblock they legally can to try to get you to give up the claim, but the damages you could receive from this claim could be vitally important in helping you move forward after the accident.

Our attorneys can help you fight these companies and seek full compensation for the damages you faced: medical bills, lost wages, pain and suffering, and more.  Especially if the accident left you with permanent disabilities or a long recovery ahead of you, these damages will be necessary, and you should get help fighting for full coverage.

Call (803) 219-4906 today for a free case assessment with the truck accident lawyers at Rice, Murtha & Psoras.

How Do Injury Claims Work for Truck Accident Cases in Greenville, SC?

In a truck accident case, the at-fault truck driver is the primary person responsible for the crash.  However, if someone else caused the accident, they would be responsible instead.  You would then go after their insurance or sue them in court like you would with any other auto accident.  In cases where the trucker is an employee of a larger trucking company, you can often take the case against the trucking company instead.  In any case, both the driver and the trucking company will likely be represented by their insurance companies, adding an additional layer of complexity to the case.

Claims Against Drivers

Every driver in South Carolina – whether they are a trucker or not – is required to carry insurance that can cover the injuries and damages they might cause in a crash.  If the driver who hit you was a trucker who was self-employed or qualified as an owner-operator, then your case might be against them directly and no other parties.  Other drivers can be sued or have a claim filed against their insurance in the same way.

When you file a claim, you can do so with their insurance.  However, their insurance company is unlikely to cooperate or accept the blame, and it is often best not to approach their insurance company without a truck accident lawyer on your side.

In many cases, the damages offered in an initial settlement are too low, and you might need to have our lawyers negotiate a settlement with the defense or even file a lawsuit where we can have the case decided by a neutral court instead of the biased insurance company.

Claims Against Trucking Companies

Many truckers are employees of trucking companies or other delivery companies rather than being self-employed contractors.  This means that when they cause an accident, their employer can often be held responsible in their place.

When this happens, the claim is usually against the employer trucking company instead – and potentially filed with their insurance company.  Big companies often have better access to money than everyday truck drivers, and this allows them to pay off much more serious injury cases through settlements.  The same is true with their insurance, which is often able to cover higher damages.  This means that when you can file your case against the trucking company, it is often in your best interests to do so if you want your damages covered in full.

Trucking companies can be held liable as the driver’s employer, but they can also be held liable as the truck’s owner.  If the problem that caused the crash was a mechanical issue or something caused by the truck’s improper upkeep, that can often be blamed on the truck’s owner – which is likely the trucking company instead of the individual driver.  In this case, it is the trucking company’s fault that this dangerous truck was on the road.

Trucking companies can also be held liable for hiring a driver who was too dangerous to be on the road.  Trucking companies have to do their due diligence when hiring drivers and check their driving history, check their license status, and perhaps even call previous employers to check the driver’s safety and reviews.  If they fail to conduct proper checks, they can be held accountable for putting a dangerous trucker on the road.  The same kind of theory helps you sue the trucking company if they knew about a dangerous past because it happened on their watch, but they failed to fire the dangerous trucker.

Damages You Can Claim in a Truck Accident Case in Greenville, SC

When filing a claim against a dangerous trucker or the company they work for, you can usually claim damages in the following areas:

Economic Damages

Economic damages pay you back for expenses you faced and income you missed out on because of the crash.  This primarily includes two of the biggest areas of damages you claim in a truck accident case: medical bills and lost wages.

The medical bills you claim can include bills for medication, mental healthcare, medical imaging, and other things aside from actual doctor’s visits and hospital stays.  Lost wages can cover losses during your recovery time as well as ongoing lost earning capacity if the accident causes you to become disabled.

Other miscellaneous expenses can also be claimed.

Non-Economic Damages

Many of the damages you face because of an accident and injury include things that others cannot even see, let alone put a clear price value on.  Things like physical pain, emotional distress, mental suffering, and other effects are not tied to an economic value, but you can still claim damages for them.

Punitive Damages

The damages discussed so far have been “compensatory” damages in that they compensate you for a harm you faced.  There are also damages available to punish defendant trucking companies and drivers when their actions are especially egregious.  There have been truck accident cases where drivers are accused of falsifying hours of service logs and otherwise violating state and federal trucking regulations.  This kind of dangerous activity – often encouraged by dangerous trucking companies – can lead to the company paying you additional money to punish them for their actions.  However, the standard for these damages is high, so they might not be available in every case.

Call Our Truck Accident Lawyers in Greenville Today for Help with Your Injuries

After seeking treatment for your injuries, call the truck accident lawyers at Rice, Murtha & Psoras for help with your claim by dialing (803) 219-4906.