Filing a Wrongful Death Truck Accident Claim in South Carolina
Losing a loved one in a truck accident can be emotionally and financially devastating. Money cannot bring back your cherished family member, but a South Carolina wrongful death claim can help you hold the at-fault party accountable for their actions and provide you with a measure of justice and compensation for what’s been taken from you.
Filing a truck accident claim often involves complex liability and insurance issues. Rather than attempting to manage these matters on your own, it’s wise to consult an experienced attorney.
What Qualifies as a Wrongful Death Truck Accident Claim in South Carolina?
South Carolina law defines a wrongful death as one that occurs as the result of a “wrongful act, neglect, or default” of another party. Most wrongful death lawsuits stem from negligence-based incidents, like truck accidents, car accidents, medical malpractice, or intentional acts like crimes.
When someone else’s carelessness causes a fatal truck accident, the personal representative of the deceased person’s estate — typically the executor or administrator— can file a wrongful death lawsuit against the responsible party. This lawsuit can help surviving family members recover compensation for funeral and burial expenses, loss of financial support, loss of companionship, and additional losses.
Determining Fault After a Fatal Truck Crash
Determining fault for a truck accident is crucial in any wrongful death case. With trucking accidents, liability is a complicated issue. The trucking industry encompasses numerous parties that may bear financial responsibility for the incident. Possible defendants include:
- Truck driver
- Trucking company
- Third-party maintenance providers
- Mechanics
- Cargo loading company
- Parts manufacturers
- Government entities
- Other drivers
You may need to file more than one semi-truck accident claim to pursue full and fair compensation from everyone at fault.
Proving fault requires you to present substantial evidence showing how the truck driver or other at-fault party’s actions directly contributed to the crash and the death of your loved one.
Examples of evidence that can help establish liability in a South Carolina truck accident case include:
- Police report
- Medical records
- Witness statements
- Photographs and videos of the accident scene
- Surveillance or dash-camera video
- Black box data
- Hours-of-service logs
- Maintenance and safety reports
- Driving record of the truck operator
- Cell phone records
- Expert witness testimony
How a S.C. Truck Accident Claims Attorney Can Help Establish Liability
A knowledgeable truck accident and wrongful death attorney can conduct an independent investigation to determine what happened and who may be held liable. A skilled lawyer can also access critical evidence that may be difficult for private individuals to obtain on their own, such as cell phone records and internal company documents.
Time is also a crucial factor. Trucking companies are not required to retain accident-related records indefinitely. An attorney familiar with the applicable deadlines can take swift action to preserve valuable evidence before it is altered, discarded, or destroyed. Additionally, a truck accident lawyer might consult accident reconstruction experts to provide a detailed scientific analysis supporting the technical aspects of your case.
Dealing with Insurance Companies in a Wrongful Death Claim
Insurance companies are for-profit businesses focused on protecting their bottom line, often by minimizing claim payouts. To achieve this, insurance adjusters may use aggressive or intimidating tactics to pressure families into accepting settlements that fall short of what they truly deserve. Your family’s financial and emotional needs are not their concern.
You can fight back. Here’s how:
- Consult a wrongful death attorney familiar with handling truck accident claims.
- Avoid talking to an insurance adjuster until you have spoken with your attorney.
- Decline to give insurers a recorded statement.
- Never accept a settlement without discussing the offer with your attorney first.
Our South Carolina Attorneys Can Walk You Through the Legal Steps of a Truck Accident Claim
You deserve the time and space to grieve your loss. At Wilson Law Group, LLC, our experienced truck accident attorneys strive to handle every aspect of your wrongful death case with minimal disruptions to your life. Contact us today to schedule a free consultation.