All drivers are expected to drive carefully no matter the conditions and obey the rules of the road. Anyone on the road who fails to do so could cause an accident that results in serious injury to all parties involved. Due to their weight, size, and height, commercial trucks and tractor-trailers have the potential to cause especially severe damage in their wake.
If you or a loved one suffered injuries due to a truck driver’s negligence, a compassionate Hampton truck accident lawyer could help. A knowledgeable personal injury attorney could work to collect evidence on your behalf and help you seek compensation for your injuries and damage from the responsible party.
Recoverable Damages for a Tractor-Trailer Collision
Every tractor-trailer accident case is unique, so the damages an individual could be eligible to recover may vary. Depending on the circumstances, a truck accident victim may be able to seek compensation for:
- Medical expenses
- Lost income
- Property damage
- Lost wages
- Pain and suffering
- Loss of consortium
- Mental anguish
- Loss of society
There are no damage caps in truck accident cases in South Carolina. This means that there is no limit to the amount of compensation the plaintiff’s lawyer could seek.
To be eligible to recover compensation, though, the plaintiff must prove that the defendant was negligent and liable for their damages. To prove negligence, the plaintiff needs to prove that the defendant owed a duty of care to the plaintiff, breached that duty, and caused compensable losses as a direct result of that breach.
The South Carolina Contribution Among Tortfeasors Act
Some truck accident cases may involve more than one liable party. As such, a Hampton truck accident attorney could file a suit against multiple defendants at one time on a plaintiff’s behalf. Defendants in these cases could include the truck driver, the manufacturer of the truck or a mechanical component, the parent company or owner of the truck, other drivers on the road who may have contributed to the accident, and even government entities responsible for road conditions, signs, and traffic signals.
When multiple defendants are potentially liable for the damages to the plaintiff, the South Carolina Contribution Among Tortfeasors Act applies. Under this Act, defendants who are less than 50 percent at fault for the accident would only be liable for their share of responsibility as long as the conduct was not willful and did not involve illegal drugs or alcohol. A civil court would determine their percentage of liability, and they would only have to pay for their share.
Benefits of Settling a Case
Many cases settle before going to trial. A truck wreck lawyer in Hampton could help determine how much a case may be worth and then negotiate with opposing counsel to help a crash victim seek the maximum amount of compensation for their situation.
Settlements may be beneficial to both parties involved in civil litigation, as they typically take less time than going to trial and involve less risk. For example, the plaintiff has more control over the amount of compensation they may recover in a settlement. Likewise, attorney fees and other costs may be significantly reduced if a plaintiff chooses to avoid trial.
Consult with a Hampton Truck Accident Attorney
After a truck accident, you may be wondering how to pay for medical bills, recovering lost wages, and more. Fortunately, you may have many legal options available to you.
If you suffered injuries and damages as a result of a negligent truck driver or trucking company, a skilled Hampton truck accident lawyer could work to get you the compensation you need. Reach out today to get the legal help you deserve. Call to schedule a consultation with an experienced attorney.