When we meet with truck accident victims for the first time, they usually have two major questions. First, they want to know if they have a case at all. And second, they want to know how much their case is worth. There’s nothing inherently wrong with this. If any of our associates were in an accident, they’d want to ask the same things. However, our South Carolina truck accident lawyers are very careful about telling clients how much they think a case is worth. We don’t believe it’s fair to promise a client any certain amount of money. It’s certainly not fair to guarantee somebody damages when you have no idea whether you can win the case or not.
Here, we’ll discuss how your personal injury lawyer in South Carolina will prove fault. Then we will briefly discuss the different types of damages you can demand in your case. If you still have questions about your own truck accident case after reading this article, that’s okay. We recommend you call our office as soon as possible so you can schedule your free, initial consultation.
Your South Carolina Truck Accident Lawyer Needs to Prove Fault First
In order to get you any damages, your South Carolina truck accident lawyer has to prove fault. The only way you’ll have any compensation is if you can prove that the other driver is the one who caused the crash. There are a variety of ways to do this. However, whichever approach your personal injury lawyer in South Carolina decides to take, they will have to prove negligence.
Negligence is just a fancy way of saying that the other party didn’t behave the way a reasonable person would have given the circumstances. Imagine that the truck driver was doing 80 miles an hour in a 45 mile per hour zone. This would certainly constitute negligence. The difference is, with a commercial truck driver, you also have the option of proving that they violated one of the federal guidelines for commercial carriers. An example of this would be a driver who worked eleven straight hours on the road without taking the 30-minute break.
You don’t have to worry so much about how your attorney will prove fault. Just understand that your South Carolina truck accident lawyer has to do this before they can bring up the issue of damages.
Not All Truck Accident Victims Are Entitled to Damages
We understand our clients don’t like to hear this. However, not all truck accident victims are entitled to damages. There are some cases where, surprisingly, it’s the passenger vehicle that caused the crash. It’s very easy to assume that the truck driver caused the accident because they have a much bigger machine, and they get paid to drive for a living. But this doesn’t necessarily mean that they caused the accident.
The other thing you have to keep in mind is that you’re only entitled to damages if you suffered some type of injury. These injuries must be substantial enough to warrant filing a lawsuit. If the only injury you suffered was whiplash, it may be difficult to find a South Carolina truck accident lawyer willing to take your case. This is an injury that resolves itself and wouldn’t garner more than a few thousand dollars in damages.
Your Personal Injury Lawyer in South Carolina Can Only Demand Damages for Injuries You Actually Suffered
If your personal injury lawyer in South Carolina is able to prove fault, then they can discuss damages with you. In most truck accident cases, we demand the following types of damages on behalf of our client:
- property damage in case your vehicle was destroyed or damaged in the crash
- medical bills for any current medical bills and treatment you’ll need in the future
- lost wages in case you missed more than a couple weeks from work as a result of the crash
- lost future income in case you’re not able to do the same kind of work you did before the accident
- pain and suffering to compensate you for any mental or physical anguish experienced during the crash
It goes without saying that every case is different. The amount of damages you may receive may be completely different from the damages another client receives. Until your attorney has a chance to thoroughly review your case, there’s no way they can tell you what your case is worth.
Consult with an Experienced South Carolina Truck Accident Lawyer Before You Do Anything
You would be surprised at how many mistakes a lot of truck accident victims make in the days following their crash. We often remind people that they should say nothing until they’ve met with a South Carolina truck accident lawyer. For all you know, the truck driver reported the accident to their insurance company and said that you were at fault. Since there’s a good chance that the other driver works for a commercial trucking company, you’ll be going up against a team of defense lawyers. There’s absolutely no reason you should try to do this on your own.
When you contact your personal injury lawyer in South Carolina, they will review your case and give you an idea of whether it has merit. The last thing anybody wants to do is waste time pursuing a lawsuit that isn’t worth anything. Of course, most people involved in truck accidents suffer very serious injuries. Therefore, there’s a very good chance you will be entitled to significant damages. But it wouldn’t be fair for anyone to guarantee you a certain dollar amount. That’s not the way our South Carolina truck accident lawyers operate.
We suggest that you call our office as soon as possible after the accident and schedule your free, initial consultation. This gives you the opportunity to speak with a seasoned attorney and ask them any questions you might have. It also gives our attorneys a chance to review your claim and see if it’s worth pursuing. If they feel that it is, they may offer to represent you in court. If, however, they don’t think your claim has merit, they will let you know right off the bat so that you don’t get your hopes up unfairly.
Since we do offer all new clients a free consultation, you have nothing to lose and everything to gain.