After sustaining a serious injury from a truck, the legal proceedings that follow could feel immensely overwhelming. In fact, your legal battle could become exceptionally challenging when vetting Charleston truck accident insurance policies. In cases like these, an experienced attorney could be invaluable.
Charleston Truck Accident Policy Options
Some of the options available for a truck accident settlement in Charleston include looking into the insurance policy for the at-fault tractor-trailer driver. In Charleston, South Carolina, just like in any other city and state around the country, a settlement depends on the facts of the case and as to what insurance is available for the injured party to recover. Many times, those companies have insurance policies of $1 million or more and excess insurance that would be available if the injuries are significant enough that they exceed the policy limits of the primary policy to protect the tractor-trailer and its driver.
Additionally, victims should look into if it could be shown that there is some type of negligence on the part of the company on top of the driver, meaning not only did the tractor-trailer driver commit negligence in causing the accident, but the company that they work for did as well. For example, if that company did not train the tractor-trailer driver properly on the operation of their tractor-trailer on a port, then they are negligent in causing the accident.
Additional Compensation Available Through Assets
Many times, one could look to their coverage to get additional compensation. If victims have a situation in which the policy limits that are available for the tractor-trailer driver and/or for the company they work for are exhausted, the tractor-trailer driver or the company still have assets that victims could seek. These assets go above and beyond a normal policy and could be sought. If a tractor-trailer company has trucks that are not adequately insured, perhaps they could go after assets like those other trucks in the business.
Uninsured Motorist Coverage
Many times, the injured party has underinsured motorist coverage (UIM). That is not mandatory insurance coverage in South Carolina, but it is optional. It is one that many drivers have and every driver should be encouraged to have, because when there is an accident and there is not adequate coverage from the at-fault driver they could look to their policy.
If victims have underinsured motorist coverage, they may have whatever the policy limits are for their car. It could be $25,000, it could be half a million dollars or more, or somewhere in between. They would be able to seek compensation from that underinsured motorist coverage. That is another avenue.
Sometimes in addition to the negligence of the tractor-trailer driver, there are inadequate roads. Perhaps an engineer did something wrong and the road was not built to code by the engineering standards of the county, the city in which the roads are maintained, or the construction company that did the work but not by the specifications of the engineer. For example, if a shoulder of the road is not adequately up to code and because of that it contributed to the accident, one could look to the insurance policy and do a Tort Claims Act against the city, county, state, municipality, or a government entity.
Speak to a Dedicated Attorney Today
There are many avenues for settlements that could lead to compensation. The point is that in any of these types of cases, you should consider having an experienced tractor-trailer accident lawyer by your side. An attorney could investigate the case, vet it, and help you understand your available options. Contact an attorney today who could help you through Charleston truck accident insurance policies.