Is There Shared Liability?

In some cases, responsibility for an accident is divided between or among the parties involved. If both the truck driver and the driver of the car/SUV in your wreck bear partial responsibility, you could have claims against the operator of the car you were in, as well as any or all of the defendants listed above.

Making a Claim on Your Own Auto Insurance

To make things even more complex, you might have to file a claim with your own auto insurer in some cases. Your uninsured or underinsured motorist (UM/UIM) coverage could cover some expenses if the at-fault driver is uninsured or has coverage limits too low to pay all your medical expenses.

Your personal injury protection (PIP)/MedPay might cover medical expenses and some lost income while you’re awaiting a settlement or court decision on your case(s). Your insurer would then have a subrogation claim against your settlement once you receive it to recoup its money.

How Your Attorney Can Help You

While you’re recovering from your injuries, a truck crash lawyer can help you in a number of ways to seek a fair settlement, including the following:

  • Investigating your wreck with the help of an accident reconstructionist to prove liability, identify multiple defendants, and determine each liable party’s percentage of fault
  • Examining the police report of the crash for important evidence and any inaccurate information
  • Interviewing any witnesses to the wreck
  • Obtaining data from the truck’s “black-box” recorder and other on-board devices
  • Viewing footage of the crash from nearby security or red-light cameras
  • Consulting with your doctors to determine your long-term medical expenses
  • Handling all communications between you and the insurers involved
  • Putting a dollar amount on your pain and suffering to evaluate your claim
  • Demanding fair compensation from all liable parties and negotiating reasonable awards
  • Filing one or more lawsuits if fair settlements are not offered

Most truck accident lawyers will offer you a free first consultation to evaluate your case and explain your options. If an attorney takes your case, it will probably be handled on a contingency fee basis, so you pay no attorney fees until your case has settled or an amount has been awarded to you. Fees and costs may also be deducted after attorney's fees.

How You Can Help Your Attorney and Yourself

If you’re physically capable of doing so, you can protect and strengthen your claim for damages by taking specific steps immediately after your accident. We advise that you:

  • Stay at the scene, move to a safe place, and call 911 to report the wreck.
  • Take photos of the vehicles involved, license plates, property damage, the scene of the crash, and any evidence, such as skid marks or damaged poles/guardrails.
  • Exchange contact and insurance information with the driver(s) involved but stay calm and don’t discuss the accident.
  • Ask any witnesses for their contact information and pass it on to your lawyer.
  • When law enforcement arrives to make an official report, answer their questions honestly but basically, and don’t volunteer extra information.
  • See a doctor for an exam and diagnostic testing even if you don’t feel you’re injured.
  • Report the wreck to your insurance company.
  • Don’t talk to adjusters from either driver’s insurer.
  • Don’t apologize or admit any fault for anything to anyone.

Have You Been Injured in a Charleston, 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 Charleston, South Carolina office directly at 843.488.2359 to schedule your consultation. We are also able to meet clients at our ConwayMyrtle Beach, Murrells Inlet, Mt. PleasantNorth Myrtle Beach, Florence 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.