Tractor-trailers use the roads and highways surrounding Charleston daily, unfortunately causing many accidents. According to the Department of Public Safety, there were a total of 17,533 accidents involving trucks in 2015. Further statistics show that there were nearly 6,000 people injured and over three hundred people killed because of accidents with trucks. Anyone who suffered an injury in an accident involving a truck may choose to file a third-party liability claim.
If you or someone you know suffered an injury in a truck accident, contact a dedicated injury attorney from Howell and Christmas with experience in Charleston third-party liability claims against truck drivers to discuss your options and whether filing a third-party liability claim would be beneficial to you.
Third-Party Liability Claims in Charleston
There are several common scenarios which may lead someone to consider filing Charleston third-party liability claims against truck drivers. If a truck malfunctions, an individual may file a lawsuit against the truck’s manufacturer. If a person is riding in a car as a passenger, they may file a third-party liability claim if they suffer an injury in an accident involving a truck.
Finally, one of the most common scenarios where someone may choose to file a third-party liability claim is when an individual suffers an injury from a truck while they are working. In this instance, an employee must carefully consider whether they would like to file a workers’ compensation action or Charleston third-party liability claims against truck drivers.
Proving Third-Party Negligence
To obtain compensation for an injury, an individual must demonstrate that the other party was liable. Proving third-party liability in a truck accident is very similar to proving negligence in any other type of claim. To successfully file and receive compensation Charleston third-party liability claims against truck drivers, an individual must prove that the third-party truck driver owed the plaintiff a duty of care, they breached the duty of care, their acts were the proximate cause of the plaintiff’s injuries, and that the plaintiff suffered an injury or damage as a result.
Differences Between Third-Party Liability and Workers’ Compensation Claims
Charleston employees are largely covered under the Workers’ Compensation Act for injuries and losses they sustain during the course of employment. Under the Workers’ Compensation Act, an employee who suffers an injury during the course of their employment is generally entitled to certain benefits covering medical expenses, lost wages, and disability.
Charleston third-party liability claims against truck drivers differ in that an individual must choose to go outside of the workers’ compensation system and file a civil claim. Under South Carolina’s Workers’ Compensation Act section 42-1-560, someone who suffers an injury in a truck accident may choose to file a workers’ compensation claim, file a third-party liability claim, or pursue both claims.
However, the Workers’ Compensation Act does not allow an employee to recover against both their employer and another party, which means that an insurance carrier may be reimbursed for any award that an employee receives from a third-party truck driver.
Understanding Charleston Third-Party Liability Claims Against Truck Drivers
If you suffered an injury due to a truck accident, it is easy to become quickly overwhelmed with aggressive insurance companies, medical bills, and internal policies. However, a knowledgeable lawyer from Howell and Christmas with experience in Charleston third-party liability claims against truck drivers can help you prove liability, negotiate settlement offers, and recover the proper compensation for your injuries. Contact Howell and Christmas today to learn more.