Taking Time to Get a Fair Result

It’s important to remember that your lawyer needs time to work on your case, gather evidence to prove the at-fault driver’s liability, and get you the best settlement possible. This requires a certain amount of work, which might include the following:

  • Examining the police report of the accident
  • Interviewing witnesses to the crash
  • Finding video footage from nearby security or red-light cameras
  • Conducting depositions
  • Mounting a detailed investigation to prove liability
  • Calling in an accident reconstructionist or other experts
  • Consulting with your doctors
  • Organizing your medical evidence

If you leave money on the table by accepting a quick, lowball offer from the insurer(s), you could end up with future medical bills for which you can get no further compensation.

When There Are Multiple Defendants

In a truck crash, there could be more than one party liable for your damages: the trucker, trucking company, repair service, manufacturer, cargo loading personnel, or any third-party driver who was partially responsible. Your attorney needs time to find out which defendants bear responsibility and to determine their respective percentages of fault. Negotiations with more than one insurance company might then be required to get you a fair amount of compensation from all those who are liable.

When Evidence Is in the Possession of the Trucking Company

Evidence that only the trucking company possesses can shed light on your case and help to prove liability. This evidence might include:

  • Data from the truck’s “black box” recorder
  • Dash-cam footage of the wreck
  • Truck maintenance records
  • The trucker’s safety record and logbooks

Your lawyer needs time to send the company a spoliation letter to prevent it from destroying or discarding any of this evidence, which must then be carefully examined to determine who is at fault in order to prove those parties liable.

You Might Be Eligible for Compensation From Other Sources

If the process rolls along smoothly, you might be able to reach a settlement in a matter of months and hope to receive a check a month or so after that agreement, but some cases do drag on much longer. To keep up with your treatment and resulting medical bills while awaiting your settlement, you might be able to file a claim with your own auto or health insurance company, which would cover your expenses, and then file a subrogation claim against the settlement to recoup its money. In such a case, though, your insurer could become your adversary and try to dispute or devalue your claim just as the defendant’s insurer will, so the services of a lawyer are generally necessary in this case, as well.

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, you should speak with a truck accident lawyer as soon as possible. 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 Conway, Myrtle Beach, Murrells Inlet, Mt. PleasantNorth Myrtle Beach 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.