Do You Share Any Fault With the Truck Driver?

In some cases, the fault for an accident can be shared between the drivers involved. If you’re partially responsible for your wreck, South Carolina’s modified comparative fault rule allows you to recover damages reduced according to your percentage of fault—as long as it’s 50% or less. If, however, you are found to be 51% or more at fault, you collect nothing whatsoever. If the parties disagree about the drivers’ respective percentages of fault, the matter might have to be decided by a judge or jury. Because the determination of percentages of fault is an important and extremely subjective process, it’s very important for you to have an experienced attorney who can:

  • Investigate your wreck with the help of an accident reconstructionist
  • Obtain vital data from the truck’s “black box” recorder and other on-board devices
  • Interview witnesses and view video footage from nearby security cameras
  • Subpoena the trucking company’s maintenance records to determine if mechanical failure played a part in the crash
  • Gain access to the trucker’s log books, safety records, and cell phone records to determine whether driver distraction or fatigue caused your accident
  • Organize and present your evidence convincingly in court
  • Prepare you for your court appearance if your case should go to trial

While many truck crash cases are settled out of court, it’s important that you have an attorney who’s willing to go to trial if necessary. 

Can You Successfully Mediate a Settlement?

Mediation is a one-day process that the court requires you and the defendant(s) to engage in before a trial starts. It’s conducted with a neutral third-party mediator who is experienced in handling similar cases in an effort to settle the case out of court if possible. Of course, the insurer’s legal team will be involved, so we highly recommend you have an experienced attorney on your team, as well.

Have You Been Injured in a Florence, South Carolina, Truck Accident?

If you've been hurt in a truck accident, you should speak with an experienced South Carolina truck accident lawyer as soon as possible. Please contact us online or call our Florence office directly at 843.488.7540 to schedule your consultation. We are also able to meet clients at our ConwayMyrtle Beach, Murrells Inlet, Mt. PleasantNorth Myrtle Beach, Charleston or North Charleston office locations.

Dirk J. Derrick
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South Carolina Lawyer Dirk Derrick helps victims recover from car accidents, personal injury & wrongful death.