Legal Options for Pedestrians Injured by Commercial Trucks
Lacking the protection of an enclosed vehicle, pedestrian traffic accidents often result in catastrophic injuries and fatalities. The statistics are worrisome, with over 7,500 pedestrians experiencing fatal injuries in traffic accidents in 2022. If you were walking, jogging, or using a mobility device when struck by a commercial truck, you may be entitled to compensation for your injuries.
At John Price Law, our pedestrian accident attorneys have been working for individuals and fighting big insurance companies for nearly 40 years. If you have been injured as a pedestrian, our legal team wants to hear from you.
File a Claim with the Trucking Company’s Insurance
Pedestrians have a right to use the road as much as motorists. If you have suffered injuries due to a trucker’s negligence, you should file a claim with the trucking company’s auto insurer. Commercial auto policies typically have high policy limits, with the Federal Motor Carrier Safety Administration (FMCSA) requiring vehicles weighing 10,001 pounds or more and transporting non-hazardous materials to have at least $750,000 in liability insurance.
Your ability to file a claim will depend on the actions you take following the crash. Pedestrians who are involved in low-impact crashes and experience only minor injuries may decide to go home and apply ice to the affected area. Don’t make this mistake. To preserve your claim, seek medical treatment immediately. Being examined by a physician or medical professional right away will allow you to document the severity of your injuries. Even if you have sustained only minor cuts or bruises, you deserve to be compensated fairly for your pain.
Pursue a Civil Suit
If insurance negotiations come to a standstill or if the insurance company is employing stalling tactics to avoid paying on your claim, you may consider litigation. If you decide to pursue litigation, your personal injury lawyer will file a complaint in court. The trucking company, truck driver, and any other party you name as a party to the lawsuit will be served a copy of the complaint along with a summons. This initiates the lawsuit.
Under South Carolina’s Rules of Court, a defendant is only given 30 days to file an answer from the first date of service. An answer is a written response to a complaint, admitting or denying the allegations presented. Additionally, an answer will include any counterclaims and affirmative defenses. An affirmative defense is a legal justification for a person’s actions. In a truck accident, the trucker may claim that you failed to mitigate your damages (if you failed to seek medical treatment right away).
Legal Advocacy in a Time of Despair
Given the sheer size of a commercial truck, truck accidents are known to cause life-altering injuries. As a pedestrian, you may experience spinal cord injuries, traumatic brain injuries, abdominal injuries, a severed limb, and disfigurement. While your financial losses, such as medical bills and lost wages, can be easily calculated, that is not the whole story.
You have only experienced emotional and psychological losses. Although it is impossible to put a price tag on the impact that your accident has had on your relationships and ability to partake in routine tasks, at John Price Law, we fight for the entirety of compensation due to you.
Contact a Charleston Pedestrian Accident Lawyer Today
The oversight of a truck driver should not result in you experiencing financial, physical, or emotional disparity. If you have been struck by a commercial truck, our legal team is available to fight for the compensation you deserve. At John Price Law, our Charleston pedestrian accident attorneys have been fighting for ample compensation for injured parties for nearly four decades. To schedule a consultation, contact us online or call (843) 552-6011 today.