Liability in Charleston truck accident cases directly impacts how much a person could receive in awards from a jury or in settlement negotiations. Because of this, it is important for victims of serious truck accidents to work with an attorney who could help. Attorneys familiar with these cases could draft a claim and fight against a defendant’s claim of negligence against you.
How Fault Affects Jury Awards in Charleston Truck Accident Cases
When ascribing degrees of fault, modified comparative negligence is used in South Carolina. This means that if both parties were at fault, their recovery is reduced by the percentage of fault. For example, if the defendant tractor-trailer driver’s fault was 90% and the plaintiff’s fault was 10%, and the jury awarded $1 million, then the plaintiff would receive $900,000 to reflect the reduction of 10% attributed to the plaintiff’s conduct.
Factors that Could Affect Liability
There are a lot of factors that could directly impact liability or fault one way or another. Police, in determining fault or liability at any accident case and, certainly in a tractor-trailer accident case, the testimony and the interviewing of all witnesses, the investigating police officers that come out to investigate the accident scene, any type of special tactical team that is distributed either by the highway control or by any type of police force that is going to investigate and make determinations on fault when a tractor-trailer is involved, any type of accident reconstructionist, or private experts may be hired to help make a determination of what happened in the accident in a wreck and who is at fault.
There are so many things that are considered:
- physical evidence
- skid marks
- damage to the vehicles
All of these things need to be looked at, investigated and quantified to determine who was at fault for the accident and if the accident resulted in the victim’s injuries.
What to Know about Charleston Truck Accidents
One thing that everyone should know about truck accident cases in Charleston is that they are on the rise. A healthy economy and a strong port in Charleston are bringing in a record number of container trucks.
The amount of commerce that is taking place, the number of tractor-trailer boxes that come in any port, and the amount of other manufacturing that has happened on the interior of the country mean that there are more opportunities for wrecks to occur.
Why Contacting an Attorney Early Is Important
In any case, it is extremely important to get an experienced accident attorney involved and, certainly, more so in the area of tractor-trailer cases when determining liability in Charleston truck accident cases. Typically, these tractor-trailer companies have an accident investigation team dispersed to the scene of the accident within days or even hours. They would interview witnesses, photograph evidence, and talk to police officers.
They are heavily involved in trying to do everything they might to limit their liability and their exposure in these wreck cases. Every minute that passes is an opportunity for evidence to expire or disappear and not be able to be collected properly, photographed properly, or examined properly. In some specific cases, witnesses could die or move away.
Getting an experienced attorney in one’s corner early is imperative to make sure that the case is fully investigated, that the evidence is fully captured and checked properly and that all of this material could be developed and used to your benefit in their tractor-trailer wreck case. Reach out to an attorney today.