Frequently Asked Questions

How long do I have to file a personal injury claim? What if the driver who hit me is uninsured? Why do I need to hire a personal injury lawyer?

We answer these questions and many more in our collection of frequently asked questions. Unlike many websites that provide brief yes-or-no answers to important legal questions like these, we provide detailed answers to help you get a better idea of your rights, your options, and what you can hope for in the future.

If your questions are not answered here, feel free to connect with us through our website, or call us at 843-488-5360, to speak directly with us about your legal concerns.

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  • How is a Myrtle Beach truck accident different from a car accident?

    While the majority of auto accidents in South Carolina occur between two passenger vehicles, crashes involving larger trucks are also a common occurrence. Even if you’re a safe driver and remain aware of the dangers of large trucks, collisions still happen. 
    Myrtle Beach SC Truck Accident Lawyer Derrick Law Firm
     
    More than 1,000 injuries are reported each year across South Carolina due to truck crashes, and what causes this type of accident is different from what causes a car accident. If you were injured in a Myrtle Beach truck accident, a local attorney who understands those differences may be able to help you recover damages.

    Different Causes and Injuries for Truck Accidents

    Because trucks are larger than cars and carry heavy cargo, accidents with a truck are often caused by different factors and result in different types of injuries than those with a car. The causes of a truck accident can include:  
     
    Wider blind spots
    Shifting cargo that was loaded improperly
    Rest period log violations
    Negligence on the part of the trucking company
     
    Because catastrophic injuries are more likely if you collide with a truck rather than with a smaller vehicle, your potential for a larger settlement goes up based on the extent of your injuries and property damage. You may have a right to compensation for:
     
    Broken bones
    Permanent disfigurement and scarring
    Spinal cord or brain injuries
    Lost limbs or amputations
    Ongoing medical treatment
    Assistive care
    Loss of consortium
    Loss of work potential
    Intangible damage such as pain and emotional suffering
     
    There’s no need to deal with these injuries alone. You should seek the aid of a Myrtle Beach attorney who has experience obtaining the highest compensation possible for injuries caused by truck collisions. Because of the potential for such a large payout, an attorney is critical in helping you deal with insurance companies or at-fault parties who are likely to push back against payment.

    Possible at-Fault Parties for Truck Accidents

    Unlike a car crash on a street or highway where one driver is often at fault, there may be multiple at-fault parties in a truck accident. Our legal team may be able to show that the trucking company is also liable for damages due to:
     
    Poor hiring practices
    Training lapses
    Negligent supervision
    Lax retention policies
    Entrusting vehicles to unqualified drivers
    Failing to maintain trucks
     
    Additionally, manufacturers may be liable due to faulty truck parts. With the aid of a skilled South Carolina personal injury attorney, you may be able to bring a case against any or all of these parties.

    Have You Been Injured In A South Carolina Area Truck Accident?

    If you or a loved one was injured in a commercial truck accident in South Carolina, our experienced truck accident lawyers are ready to help right away. Contact us online, or call our Myrtle Beach, South Carolina office directly at 843.488.3165 to schedule your free consultation. We are also able to meet clients at our Conway, Murrels Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.

  • Should I accept a truck accident settlement from an insurance company?

    In 2017 across the U.S., there were approximately 170,000 people injured in truck crashes, and likely all the victims and their families faced pain, emotional distress, and financial worry. Most of those victims were also likely contacted by an insurance company shortly after their accident and presented with a fast option—take a settlement offer as soon as possible and move on from the accident. Whether victims and their families realize it or not, that decision can have consequences for the rest of their lives, and it’s a decision that should not be taken lightly or made quickly. Injury victims should ensure that they fully understand their rights before agreeing to any settlement, and an experienced attorney can provide the information and guidance they need to be as successful as possible.
    The Derrick Law Firm Myrtle Beach Truck Accident Lawyer

    Before You Accept a Truck Accident Settlement, Talk to a Myrtle Beach Attorney

    A personal injury attorney can act as both a guide and advocate for injury victims. An attorney can help victims understand and consider some key factors regarding injury settlement offers, including:

    The Value Of The Claim

    Many times, an insurance company’s initial settlement offer is much too low. Accepting too little compensation can create significant hardships for victims down the road, when they need continuing medical care, continue to miss work, or require other assistance. Typically, an attorney can help victims obtain a more favorable settlement because he knows how to fully and appropriately value a claim.

    Finality Of A Settlement

    Once an injury victim agrees to a settlement, it is not typically possible for a victim to revisit the settlement later to change the terms or seek further compensation. This makes it especially important to negotiate the right settlement from the start.
     
    Truck accidents are known to be especially dangerous for the passengers in the other, smaller vehicles. Truck crash victims often experience serious injuries that require medical care, rehabilitation, medication, and home and vehicle modifications. While a settlement can be an effective, helpful option for some victims, it is important to take the time to ensure that the specific settlement is in your best interest. 

    Have You Been Injured In A Myrtle Beach Area Truck Accident?

    If you or a loved one was injured in a commercial truck accident in South Carolina, our experienced truck accident lawyers are ready to help right away. Contact us online, or call our Myrtle Beach, South Carolina office directly at 843.488.3165 to schedule your free consultation. We are also able to meet clients at our Conway, Murrels Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.

  • How long do I have to file a Myrtle Beach truck accident claim?

    In many legal claims, those involved must consider what is known as a statute of limitations. A statute of limitations sets the period in which a person must file a legal action. If this deadline is missed, the courts will not hear the case.

    Understanding a Statute of Limitations

    Statutes of limitations exist to protect citizens from the ongoing threat of a lawsuit. Generally, a victim with a legitimate claim would pursue legal action against the person responsible in a reasonable amount of time. Additionally, it’s easy for evidence to be lost over time, memories are less sharp, and witnesses are difficult to locate. These limitations encourage timely, accurate resolutions.

    South Carolina’s Truck Accident Deadlines

    In South Carolina, any claim for injuries resulting from a traffic accident must be filed within three years. It’s important to note that the clock starts for claims involving injuries on the date of the accident. If the claim involves a wrongful death, generally, but subject to some exceptions, starts on the date of death. 
    Myrtle Beach Truck Accident Statue of Limitations The Derrick Law Firm

    Pursuing an Injury Claim After a Myrtle Beach Truck Accident

    Three years may seem like plenty of time to file a truck accident claim, but it’s best to file soon after the crash. Injury claims require:

    Investigation 

    An effective, experienced lawyer will investigate your accident to gather as much evidence as possible that will support the claim. It can take some time to gather police reports, locate and talk with witnesses, and secure experts.

    Medical Care

    Injury victims need time to seek medical care and for their care providers to make a diagnosis. Future medical care and costs can be a significant factor in many truck accident claims, so it’s important to have as much information as possible.

    Paperwork

    Filing a claim can involve a significant amount of paperwork, both for the actual filing and in support of the claim. Locating, completing, and gathering documents can take time.

    Have You Been Injured In A South Carolina Area Truck Accident?

    If you or a loved one was injured in a commercial truck accident in South Carolina, our experienced truck accident lawyers are ready to help right away. Contact us online, or call our Conway, South Carolina office directly at 843.484.0707 to schedule your free consultation. We are also able to meet clients at our Myrtle Beach, Murrells Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.

  • How much does it cost to hire an attorney for my truck accident claim?

    After a crash, truck accident victims often find they face a stressful financial situation. Truck accident injuries can be extremely serious, requiring extensive medical care and preventing victims from working as they did before the crash. This reduces the income a victim can earn while being forced to address incoming medical bills, home and vehicle changes, and other associated costs. A personal injury claim can provide compensation to address these changing needs, but it’s natural that victims and their families often hesitate to reach out for legal help. Many people fear they cannot afford an effective attorney, especially at such a difficult time. However, there are fee agreements that can help those who suffer truck accident injuries hire the experienced advocate they need. Lawyers for truck accidents The Derrick Law Firm

    Understanding a Contingency Fee Agreement

    Most personal injury lawyers understand that victims and their families face a difficult time after an accident, so they work on what is known as a contingency fee agreement. This agreement requires that the accident victim only pay the attorney if the claim is successful. Then, the legal fees are paid directly from the compensation awarded by the settlement (or the court if the claim goes to trial). From the start, the lawyer and the client agree on a specific percentage the attorney will collect after a successful case.

    Other Costs Associated With a Truck Accident Claim

    While accident victims do not pay lawyer fees, it’s important to note that there may be other, nominal costs associated with a claim that may still have to paid regardless of the outcome of the case. These can include:

    • Court filing fees
    • Document fees
    • Postage or delivery fees
    • Witness deposition fees

    Typically, these costs are minimal and depend on the specific details of the claim as it progresses through the legal process.

    Have You Been Injured In A South Carolina Area Truck Accident?

    If you or a loved one was injured in a commercial truck accident in South Carolina, our experienced truck accident lawyers are ready to help right away. Contact us online, or call our Conway, South Carolina office directly at 843.484.0707 to schedule your free consultation. We are also able to meet clients at our Myrtle Beach, Murrells Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.

     

  • How much is my Myrtle Beach truck accident claim worth?

    Navigating a legal claim shortly after a truck accident can be challenging for victims and their families. While still recovering from physical and emotional injuries, a victim may find filing an accident claim daunting. Many accident victims may wonder if pursuing a claim is worth it and how much compensation can be obtained from a personal injury case. Myrtle Beach truck accident compensation

    Understanding Accident Compensation in South Carolina

    It’s important to know the types of compensation available to truck accident victims. In a personal injury claim, the law allows a victim to pursue compensation for both economic and non-economic damages, including:

    • Medical expenses
    • Future medical expenses
    • Lost wages
    • Future lost wages
    • Pain and suffering

    Factors That Affect the Value of a Myrtle Beach Truck Accident Claim

    Compensation for an accident can be highly variable. The specifics of each unique accident dictate how much a claim is worth. Some of the main factors that affect the value of a claim include:

    Nature of Injuries

    Typically, the more severe the injury, the more compensation is likely to be awarded. Those with serious and lasting injuries will likely incur higher medical bills and experience a significant change in their daily lives. Higher compensation is also likely if the degree of pain and suffering the victim experienced is severe.

    Future Prognosis

    If injuries will continue to affect a victim’s life, or he’ll need care and rehabilitation well into the future, compensation can be awarded for that distress.

    Ability To Return To Work 

    In some cases, an injury makes it impossible for an accident victim to return to work—either at all or in the same capacity as before the injury. Any lost wages or reduction in earning potential could be addressed by the law.

    Degree of Fault 

    South Carolina is a fault state that follows the rules of modified comparative negligence. This means, an accident victim can receive compensation equal to the at-fault driver’s degree of liability. For example, if you are speeding 10 mph over the limit at the time that a driver runs a red light and hits you, you may be found to be 10 percent liable for the accident and the at-fault driver 90 percent to blame.

    Every truck accident claim is different, and an experienced attorney can examine the details of an accident and help victims and their families gain a better understanding of what a specific case might be worth. Given your unique circumstances, a lawyer can work to obtain all the compensation you need and deserve after the crash. Our legal team can answer your questions and help you more fully understand your rights. 

    Have You Been Injured In A South Carolina Area Truck Accident?

    If you or a loved one was injured in a commercial truck accident in Myrtle Beach, our experienced truck accident lawyers are ready to help right away. Contact us online, or call our Myrtle Beach, South Carolina office directly at 843.488.3165 to schedule your free consultation. We are also able to meet clients at our Conway, Murrels Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.

     

  • Should I give a recorded statement to an insurance company after a Myrtle Beach truck accident?

    recorded statement to insurance company Derrick Law FirmAfter a truck accident, you’re likely to hear from the carrier’s insurance company pretty quickly. An insurance adjuster will probably call, and he will be friendly and understanding of your situation. This does not mean, however, that he has your best interests at heart. 

    At the end of the day, insurance companies are businesses. They are out to save themselves as much money as possible. So, it’s important to be wary when talking to adjusters or any insurance company representative. They will try many tactics to gain leverage that will reduce your compensation.

    Recorded Statements Are a Bad Idea After a Myrtle Beach Truck Accident

    One common approach adjusters use is to convince an accident victim to provide a recorded statement. While the adjuster may present the request as simple and harmless, it can have devastating consequences for an injury claim. 

    During the recorded statement, the adjuster for the at-fault driver will try to gain as much information from the victim as possible and search for information that can later be used to minimize the claim. While an accident victim is not a criminal and is not under arrest, what they say can and will be used against them in negotiations.

    While those who are injured may need to cooperate to provide basic information to an insurance company, they are under no obligation to provide a recorded statement. If an insurance adjuster is pressuring you to record a statement, simply refuse. It’s best to delay the request and consult an attorney. 

    We Can Help When Insurance Companies Call About Your Myrtle Beach Accident

    Dealing with the pressure from an insurance company can be stressful when you are already worried about your injuries, missed work, family responsibilities, and more. It’s understandable that many victims fall prey to this common insurance company tactic. Most injury victims have little experience in this type of situation, and they may not have a full understanding of their rights. 

    This is when an injury attorney can help. An experienced lawyer can explain your rights and responsibilities clearly, identify insurance company tactics, and negotiate with the insurance company on your behalf. 

    The lawyers at Derrick Law Firm have helped many victims who have been where you are, and we may be able to help you, too. Take a moment to fill out the contact form on this page or call our Myrtle Beach office at 843.488.3165 to learn more about who we are and what we do. We are also able to meet clients at our Conway, Murrels Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.

     

  • What info can I give an insurance company after an accident?

    If you become seriously injured in a tractor trailer truck accident,or any kind of auto accident, the at-fault party's insurance company will contact you about your claim.

    Before speaking with them, know that the trucking company and their insurance adjusters are experienced and will want to limit damages early on if possible.

    The adjusters represent the truck company, and owe you no loyalty. They do not look out for your best interest. Do not give them statements or sign any releases for medical records or employment records.

    In serious auto accidents, trucking companies and their insurance companies will start investigating the accident immediately.  You need to retain a truck accident attorney immediately to allow an investigation immediately after the wreck. 

    Accident Attorney Dirk Derrick of The Derrick Law Firm has over 31 years of experience in personal injury law including auto accidents, motorcycle accidents, slip and falls, workers' compensation, wrongful death, and insurance claims.

    Voted Best Attorney by the readers of the Horry Independent and Myrtle Beach Herald, The Derrick Law Firm will work to get you the full value of your case.

    Have You Been Injured In A South Carolina Area Truck Accident?

    If you or a loved one was injured in a commercial truck accident in South Carolina, our experienced truck accident lawyers are ready to help right away. Contact us online, or call our Conway, South Carolina office directly at 843.484.0707 to schedule your free consultation. We are also able to meet clients at our Myrtle Beach, Murrells Inlet, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

  • What are common causes of a truck accident?

    Tractor trailer truck accidents can occur for a variety of reasons.

    Some potential causes for a tractor trailer accident may include the following:  

    • Hiring an unqualified or proven bad driver
    • Lack of training on the part of the truck driver
    • Lack of driving experience
    • Overloaded trucks
    • Trucks loaded improperly allowing material to shift
    • Poorly maintained equipment on the trucks
    • A tired driver who has driven too many hours without rest
    • Speeding
    • Inattention
    • Driving aggressively
    • Driving under the influence of drugs or alcohol
    • Unsafe safety equipment
    • Violating Federal standards

    While there many reasons a truck accident may happen, you must protect yourself in the event of any accident you might be involved with in the future. Make sure you and your family are protected and be sure to have enough auto insurance.

    Get your FREE copy of 3 Feet From Disaster from Myrtle Beach Truck Accident Attorney Dirk Derrick. This book details what insurance coverage you need and how to protect your livelihood.

    Have You Been Injured In A South Carolina Area Truck Accident?

    If you or a loved one was injured in a commercial truck accident in South Carolina, our experienced truck accident lawyers are ready to help right away. Contact us online, or call our Conway, South Carolina office directly at 843.484.0707 to schedule your free consultation. We are also able to meet clients at our Myrtle Beach, Murrells Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.