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Navigating a complex personal injury claim after a truck accident

A significant number of the fatalities in commercial truck accidents in South Carolina and other states are occupants of passenger vehicles. This underscores the vulnerability of those traveling in cars, SUVs, pickup trucks and other passenger vehicles. Big, rigs and dump trucks can be 20 to 30 times heavier than average sized cars. The chances of suffering catastrophic injuries or worse when you are involved in a collision with a large truck are significant.

If you are suffering the consequences of a crash that involved a big rig, you may be facing high medical costs and other damages. Although you are entitled to pursue financial relief, filing a civil lawsuit after such an incident may be challenging, as the burden to prove negligence will be on you.

What is necessary to prove negligence?

  • That the truck driver and the business/vehicle owner had a legal duty of care toward any other road users, including other vehicle occupants, pedestrians and cyclists
  • That the truck driver breached the duty of care
  • That the breach of care caused your injuries

Who can be held responsible?

When you file a personal injury lawsuit in a South Carolina civil court, you must name a defendant who you deem responsible for your losses. In a crash that involved a commercial truck, there might be more than one defendant:

  • The driver, trucking company, employer and contractor - in fact, any entity that played a role in managing the operation of the truck
  • The person responsible for the truck's maintenance - if there was a mechanical failure
  • The manufacturer and shipper - if a hazardous load played a part in the incident

Any or all of these entities can be named as defendants from whom you may claim damages sustained in an accident involving a commercial truck. Along with medical expenses already incurred, you may claim the cost of anticipated future procedures or treatment. Similarly, you can seek recovery of lost income, and if the future medical treatment will cause more time off work, that can be included in the claims for damages also. Catastrophic injuries often cause loss of life enjoyment, pain and suffering and other emotional damages, all of which are compensable.

While you will have documented proof to justify your claims for financial losses, putting values to the emotional losses will be challenging. However, a seasoned truck accident attorney can assist with documenting the claims according to the requirements of the court. A skilled lawyer can also help with identifying the defendants and establishing negligence. If your attorney presents your case successfully, the court will enter a monetary judgment to cover your financial and emotional damages.

Philpot Law Firm, PA
115 Broadus Ave.
Greenville, SC 29601

Toll Free: 866-853-3497
Toll Free: 866-853-3497
Phone: 864-990-0226
Phone: 864-990-0226
Fax: 864-242-1566
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