
You were in an accident involving a large truck in South Carolina – what should you do next? If you were injured, you may be entitled to compensation to cover medical bills, lost wages, property damage, and more.
Here are the steps to take after a truck accident, and what makes seeking compensation different after a truck accident from car accident.
How to Get Compensation After a Truck Accident
Take the Right Steps Immediately After the Accident
Depending on the severity of the accident, you may first need to call 911, have police come to the scene to write a report, and seek medical assistance for yourself and others. Then document the scene with photos and video, move vehicles to the side of the road, and exchange insurance and contact information with the other driver(s). (Read more about what to do immediately after an accident here on our blog.)
Get Checked Out by a Doctor Within 72 Hours
Do not skip this step. Even if you feel fine, go to the doctor for a check up. Adrenaline at the time of the accident can mask the sensation of pain; it’s possible to have injuries but not feel them right away. Having a medical visit soon after the accident – within 72 hours, ideally – may also help with any claim you later bring for compensation.
From here on out, keep detailed records on medical treatments and expenses relating to the accident. This will be needed to build your case later.
Contact a Truck Accident Attorney
If you’ve sustained an injury or property damage as a result of the truck accident, call a truck accident attorney or personal accident attorney with experience handling truck accident cases in your state. You’re not required by law to retain an attorney, but it’s highly advisable. Most truck accident attorneys work on contingency, meaning you don’t pay anything out of pocket, and many offer a free consultation, so you have nothing to lose.
In South Carolina, the statute of limitations is three years in most cases to bring a civil suit after an accident. Even though you have three years to file, there’s no need to wait to speak with an attorney.
Call Your Auto Insurance Company
Call your insurance company and let them know about the accident. Your attorney can advise you on what to say and what not to say to your own insurance company and tell you what to do if and when the other driver’s insurance company calls you. This advice from an experienced truck accident lawyer can make a significant difference in the outcome of your claim.
Build Your Case and Work Towards Resolution with the Insurance Company
First, a claim is filed with the insurance company (or companies, if there are multiple at-fault parties). From here, you will work with your attorney and their team to build your case. This is when the police report, medical records, witness statements, and other evidence is gathered together. The stronger your case is, the more power you have in negotiating with the at-fault driver’s insurance company for a higher settlement.
Important to know: South Carolina is a modified comparative negligence state. That means even if you were partially responsible for causing the accident, you may still be entitled to recover some compensation. Read more about comparative negligence laws in South Carolina here on our blog.
Agree on a Settlement Amount or Take it to Trial
Many cases are resolved at this stage when the parties agree on a settlement, before any official legal proceedings have begun. If they cannot come to an agreement, your attorney will take the next step by filing a civil suit. The majority of cases are settled out of court, with about 5% or less going all the way to trial.
Still, sometimes going to trial is the best option for achieving a full and fair settlement. Here at The Carolina Law Group, we are prepared to go to trial when it’s the right thing to do for our clients.
How Getting Compensation After a Truck Accident is Different
Truck accident cases are different from passenger vehicle accidents, from the accident itself to the investigation process to the compensation awarded. Here are some ways they’re different:
Multiple parties involved means determining liability is often more challenging. Determining the at-fault party (or parties) in an accident is a critical part of any accident investigation. With large truck accidents, this step can be significantly more challenging because there are many more parties involved. Fault may rest with the driver, the trucking company, the truck owner, the party that loaded the cargo, the party responsible for maintaining the truck, and so on – or some combination.
Trucking companies retain their own investigators. One notable difference about truck accident cases is that when a commercial tractor-trailer is involved, many trucking companies have their own accident investigators to gather evidence. These investigators are often very thorough and very motivated. They have many resources at their disposal, including expert witnesses, to help the legal team build their case and protect the trucking company’s interests.
The timeline may be longer. This is highly case-dependent, but because large truck accident cases are, on average, more complex than passenger vehicle-only accident cases, they can take longer. This means that a defendant may be waiting for many months or even years to receive compensation.
The amount of compensation is often larger. Large trucks tend to cause much more damage (property damage and bodily injury) than passenger vehicles when involved in an accident. The NHTSA defines a “large truck” as one with a gross vehicle weight rating (GVWR) of over 10,000 pounds – and that’s the minimum. A fully loaded tractor-trailer can weigh up to 80,000 pounds. This is compared to the typical passenger vehicle of around 3,000 to 4,000 pounds. Higher levels of damage mean higher levels of compensation being sought by the defendant (injured party).
However, while reaching a full and fair settlement after a truck accident may be more challenging and take longer compared to a car accident, the types of compensation available are the same: economic (aka specific), non-economic (aka general), and punitive damages. (Read more about these different types of compensation available in South Carolina here on our blog.)
Call the Truck Accident Attorneys at The Carolina Law Group
With decades of experience handling car and truck accidents between us, we strongly believe that working with an attorney after any traffic accident is a smart decision – and especially after an accident with a large truck. Insurance companies know that experienced lawyers are better at building a case, less likely to settle for a low amount of compensation, and more willing to take the matter to court.
If you were involved in a truck accident in South Carolina, call us here at The Carolina Law Group. We offer a free, no-obligation consultation, and we only take a fee if you recover damages, so there’s no out-of-pocket cost to you. Call us at one of the numbers below to schedule your free consultation today.
The Carolina Law Group has four offices in South Carolina for your convenience: Greenville (principal office; call 864.312.4444), Greer (principal office; call 864.757.5555), Spartanburg (principal office; call 864.312.4444) & West Columbia (principal office; call 803.881.1110).
Call us at one of our four offices or contact us online to schedule your free consultation with one of our attorneys. Our business hours are Monday – Thursday 8:30am – 5:30pm & Friday 8:30 am – 5 pm. Weekend and evening hours by appointment only. Our Greenville, SC law firm offers Spanish, Hindi, and Gujarati language translation services for your convenience.