How Much Is My Truck Accident Case Worth?
In 2022, the United States experienced 120,200 injury truck crashes. In the aftermath of a truck accident, you may undergo numerous surgeries and follow-up visits with specialists, costing you hundreds of thousands of dollars in medical expenses. If you are left with a long-term disability, you may require home modifications to allow you to maintain some independence.
If you have been injured in a truck crash, our Charleston truck accident attorney will represent you during insurance negotiations, advising you to pursue litigation if necessary.
Extent of Liability
To establish a truck driver’s negligence, the following elements must be satisfied:
- The truck driver owed a duty of care to other road users
- The truck driver breached that duty of care
- The truck driver’s actions had the foreseeable consequence of causing you harm
- As a result of the truck driver’s actions, you have experienced measurable losses
Before you can collect compensation on your truck accident claim, insurance must determine each party’s degree of liability. Truck accidents are multi-faceted, meaning that more than one party may be held responsible in a single crash.
Under the Code of Federal Regulations and South Carolina law, a trucking company can be held liable for the negligent actions of their employees (the employee being the truck driver). Therefore, you may be able to recover damages from the truck driver and the trucking company.
However, under South Carolina comparative negligence law, you will be barred from recovery if you are found 51% or more at fault for the accident. While you will still be entitled to recovery below this threshold, your claim will be reduced by your percentage of fault. So, if you submit a bodily injury claim for $30,000 but are found 30% at fault for the accident, you will only be able to recover $21,000 on your claim.
Severity of Your Injuries & Recovery Time
It is important that your injuries are evaluated as soon as possible by a healthcare provider following the crash. A healthcare provider can conduct a physical examination to determine the seriousness of your injuries. A physician will provide their medical opinion on the likelihood of you making a full recovery.
The severity of your injuries will have a direct impact on your length of recovery (and how difficult a journey it will be). A longer recovery will be accompanied by further medical expenses. You deserve to be compensated for your future medical expenses and lost earnings, but these losses cannot be accurately calculated until you have reached maximum medical improvement (MMI). This is the point at which you will no longer make any meaningful recovery, as determined by your treating physician. At this juncture, your ability to work and your medical costs can be more easily estimated. Understandably, a truck accident attorney will advise you not to agree to a settlement until you have reached MMI.
Damages
Compensation for your accident will be calculated based upon both your financial and non-financial losses. Known as damages, these may include the following:
- Lost wages
- Loss of future earnings
- Surgeries and treatments
- Home modifications
- Rehabilitative therapies
- Cost of vehicle repairs
- Actual cash value (ACV) of car (if totaled)
At John Price Law Firm, LLC, we will examine your entire situation to help you determine damages. Our Charleston truck accident attorney will then prepare a demand package requesting damages from the insurer. If the insurance company refuses to pay a fair settlement, we are not afraid to try your case in front of a jury.
Contact a Charleston Truck Accident Attorney Today
If you have been injured in a truck accident, it is crucial that you get the compensation you need to cover your accident-related expenses. In the aftermath of a crash, you may feel overwhelmed by medical appointments and what seems like a never-ending stack of medical bills.
Injury victims deserve peace of mind, and that is what you will get when you retain our services. To learn how our Charleston truck accident attorney can assist you, contact us online or by phone to arrange your consultation.