Car Accident in parking lot

Parking Lot Injuries – How to Protect Yourself

While parking lots are often some of the slowest driving that we will do all day, it can also be some of the most potentially injurious driving as well. Parking lots are infamous locations for every type of minor fender bender, paint-swap, and hit-and-run imaginable. Every South Carolina personal injury attorney in the state has seen parking lot injuries. 

One of the main reasons that South Carolina parking lots become the site of so many accidents, is that there is always so much going on. There are tons of pedestrians, other vehicles going about their business, and multiple directions of travel factoring in. In addition to all of that, there are islands, landscaping, and carts that can all present a potential hazard. 

Causes of Parking Lot Accidents

Just as the cause of nearly every type of motor vehicle accident, the main cause of most parking lot accidents is negligence in one of its many forms. In some cases, the negligence is due to an act someone performed that they shouldn’t have, such as driving while intoxicated or speeding.

In other cases, it may be negligence by inaction, which means someone failed to do something they should have done. Popular examples of this type of negligence are distracted driving, failing to use a turn signal, and failing to reduce speed to avoid a collision. 

Reducing Parking Lot Accidents

There are steps that can be taken to reduce the number of accidents that occur in parking lots in South Carolina. Speed bumps, stop signs, and crosswalks can all help, but the main thing is that drivers need to pay attention to their surroundings. Distracted driving in parking lots can lead to damage to property and to injuries to other people.

Steps to Take After Getting Injured in a Parking Lot Accident

If you’re ever involved in an accident in a parking lot, it’s important to keep a clear mind so you can keep the details in order. The first thing you should do is contact emergency services and inform them of the accident. Next, you’ll want to take pictures and document the scene of the accident. Also be sure to get the contact information, driver’s license number, and insurance information from the other driver. Additionally, make sure to seek medical attention so that any injuries are well documented.

Compensation for Your Injuries

If you have been involved in an accident in a parking lot that resulted in you sustaining injuries, you may be able to collect monetary compensation for your injuries and damages. Generally, this is best accomplished by working with an experienced personal injury attorney. 

The damages that can be sustained include both economic and non-economic damages. Examples of economic injuries would be your vehicle repair cost, the cost of repairing or replacing personal property damaged in the accident, and your medical bills resulting from the physical injuries. Non-economic injuries could include anguish, pain, and suffering, as well as other potential psychological or emotional damages. 

If you are involved in a parking lot car crash contact our office today for a free consultation.

Male And Female Drivers Arguing Over Damage To Cars After Accident

Why Road Rage Causes So Many Car Accidents

Some people might think that road rage only includes extremely violent behavior when behind the wheel, like shooting at another car or ramming a car or pedestrian with one’s vehicle, but road rage can include many different types of aggressive driving. When a driver engages in dangerous conduct because of anger, impatience, or other uncontrolled emotion, the risk of a collision skyrockets.

A South Carolina personal injury attorney can help you try to hold the at-fault driver accountable if you got hurt because of road rage. If your close relative died because of a road rage incident, we might be able to pursue additional money damages for the legal beneficiaries. We can also answer your questions about why road rage causes so many accidents.

What Kind of Actions Can Be Examples of Road Rage? 

Driving can be stressful. We have all tapped the horn at someone who did not go forward within a reasonable amount of time after the light turned green or who clogged up traffic by going well under the speed limit in the “fast lane.” If those brief incidents do not escalate or involve extreme, out-of-control emotions, they are not examples of rod rage.

Here are some things that can be road rage:

  • Driving dangerously close behind a vehicle, as if to “bully” it into driving faster. When it is safe to do so, the better course of action is to change lanes and get past the slow car.
  •  Yelling or screaming curses and threats that people in other vehicles can hear.
  • Using your headlights on high beam when right behind another car.
  • Slamming on the brakes when someone tailgates you, also called brake-checking.
  • Cutting off by pulling in front of them sharply right after passing them.
  • Frequent lane changes without justification.
  • Any other unsafe driving maneuvers intended to express anger or intimidate another person.

There are many other actions that can constitute road rage.

Why is Road Rage So Dangerous?

An aggressive driver creates a heightened risk of harm to himself, people in other vehicles, and pedestrians for these reasons: 

  • The road-raging driver is out of control emotionally and making poor decisions. While focused on his anger, he is less likely to think clearly or notice facts that would otherwise indicate peril
  • Road rage often involves high speeds for the conditions. It is more challenging to control a speeding car than one that is traveling at an appropriate speed 
  • If the aggressive driving involves cars traveling at unsafe proximity to each other because of tailgating or brake-checking, the vehicles are at high risk of a collision because there is not enough time or distance to stop to prevent an accident
  • The extreme emotions that tend to accompany road rage can become “contagious,” with the driver who perceives himself as the victim of road rage might strike back and escalate the violence, by pulling a weapon or approaching and confronting the other driver at a stoplight

What started as mere inattention by one driver irritating another driver could quickly become a dangerous road rage incident. A South Carolina personal injury attorney can fight for you to go after all the compensation you deserve if you suffered harm because of road rage. If you’ve been affected by a road rage incident get in touch with our office for a free consultation.

crutches

How Much Is My Personal Injury Case Worth?

Every personal injury case is different because everyone’s situation is unique. For example, if you got hurt in a car crash, another passenger in your car might have a personal injury claim worth much more or much less than yours. 

A South Carolina personal injury attorney would need to talk to you and investigate your case before being able to calculate its monetary value. Here are some of the factors that can help answer the question of “How much is my personal injury case worth?”

What Factors Can Affect the Settlement Value of a Personal Injury Claim?

The things that can determine how much compensation you might be able to pursue will vary from one case to the next. Here are some of the common items that can impact your claim:

  • The severity of your injuries, for example, a sprain as opposed to a fracture
  • The type of injuries you sustained, such as losing your sight versus getting a concussion
  • How well you healed, including complications you experienced
  • Long-term impairment from your injuries
  • Facts that tend to anger a jury, like a drunk driver or intentionally hurting someone

Your injury case might have additional factors that could increase or decrease the financial worth of your claim against the at-fault party.

Types of Money Damages

While we cannot throw out a number that accurately represents the value of your personal injury case without talking to you and getting more information, it could help you understand the types of money damages that people often seek in personal injury cases. 

Lost Wages

If you missed work without pay because of an accident that was someone else’s fault, you might be able to seek compensation for your lost wages, salary, self-employment, or other forms of regular income.

Diminished Earning Capacity

Sometimes people have to reduce their working hours or take lower-paying positions because of chronic problems following a severe injury. Back pain, weakness, and decreased range of motion are just a few of the ongoing issues that can cause a person to make less money than before getting hurt. These situations can cause financial hardship for the injured person.

Medical Expenses

You can usually recover the reasonable cost of the treatment you needed for your injuries. This category can include things like the ambulance, trauma center, hospital, and doctors. Diagnostic procedures, lab tests, surgery, blood transfusions, and pain management can also be a part of this type of money damages.

Future Medical Treatments

Your doctor might decide that you will need additional interventions, like skin grafts or other surgical procedures, to restore as much function and health as possible. The estimated cost of these procedures and your time away from work can get added to your injury claim.

Intangible Losses

Some types of losses do not always have receipts or invoices that help to measure their value in dollars. Still, these are valid items for which an injured person can seek compensation from the party who negligently or intentionally harmed them.

Disfigurement from highly visible extensive scars, post-traumatic stress disorder (PTSD), and pain and suffering can belong in this category.

These are but a few examples of the many things that can get included in a personal injury claim. A South Carolina personal injury attorney can handle your case so that you can focus on getting better. Call our office today to schedule a consultation.

 

Alternatives to Trials During the COVID Pandemic

The COVID-19 pandemic temporarily changed the way we do many things, like shopping, working, and doing business. The courts got caught in the crosshairs of the situation because people have legal rights, and those rights sometimes clashed with the public health emergency.

Some cases get automatically dismissed if not resolved within 365 days of filing. When courts get closed, it can be impossible to meet those deadlines. Our South Carolina courts had to get creative and find different ways to balance fundamental American rights with public safety. A South Carolina personal injury attorney can explain how to have your day in court when the courts are closed: alternatives to court during the COVID pandemic.

Different Courts – Different Rules

Courthouse operations have varied by county. One county might allow in-person hearings but require that everyone who wants to enter the building wear a mask. Another county might only allow emergency hearings and not routine matters. Within the same county, the circuit court might be holding regular hearings, while the probate court might only allow hearings to take place by teleconference or videoconference. 

Measures That South Carolina Courthouses Have Used to Deal with COVID

The approaches that our courts have utilized are constantly in flux. Some courthouses closed, then reopened, then closed again when there was a local surge in new COVID cases. You will want to check with the specific courthouse before going to the building to find out their current measures.

Here are some of the ways that South Carolina has tried to address the pandemic as it pertains to courthouse operations:

  • Initially, some courthouses closed down, except for essential personnel.
  • Some courthouses required people entering the building to wear masks and stay at least six feet apart.
  • People with observable symptoms of COVID were not allowed to enter the building.
  • Some courts take the temperature of everyone coming inside the facility.
  • Some courts use a questionnaire before someone can come inside, asking questions about things like the individual’s exposure in the last 14 days to anyone with COVID and the entering person’s symptoms during the same time.
  • Some courts only hold hearings remotely, by videoconference or teleconference.
  • Some courts changed local procedural rules to allow people to file papers and make payments by telephone, email, regular U.S. Mail, and facsimile transmission.
  • Some courts changed the location of hearings, for example, to a local civic center, to make social distancing possible during court sessions.
  • Many courts suspended jury trials for many months. When jury trials resumed, the courthouses made logistical modifications to accomplish social distancing and minimize the risk of COVID for jurors.
  • On criminal matters, courts have conducted hearings in jail cases remotely to avoid the risk of transmission of COVID during the transportation, waiting, and hearing phases of the process.
  • Some courts that are holding in-person hearings limit the number of people in the courtroom, for example, only three defendants in the courtroom at a time, and everyone in the courtroom must wear a mask at all times.
  • Some county courthouses have fully reopened. Some do not post any restrictions whatsoever, like masks, temperature checks, social distancing, or limiting the number of people allowed inside a courtroom simultaneously.
  • In some counties, people can file pleadings and other papers with the court or make payments in person by using a drop box outside of the office doors. If they want personal assistance, people can call ahead or knock on the front door of the courthouse.

As you can see, the situation can be confusing and frustrating. The legal system is gradually returning to normal operations, but there is great variety from one courthouse to another and even within different divisions of the same courthouse. A South Carolina personal injury attorney can help you get your day in court and protect your legal rights. Contact our office today.

motor scooter

How Safe Are Motor Scooters in South Carolina?

Motor scooters might seem less intimidating than full-sized motorcycles, but that doesn’t make them risk-free. Riders still face serious dangers when traffic picks up or drivers get careless.

Motorcycle accident attorneys work with injured riders who followed the rules and still got hit. The smaller size of a scooter won’t protect you when other drivers are unpredictable.

Scooter Crash Risks in South Carolina

Scooters usually top out around 30–50 mph. That slower speed won’t stop a car from rear-ending a scooter at a red light. In most crashes, the scooter is the smaller vehicle, and the rider gets hurt because of the force of impact the bigger vehicle causes.

Scooter riders also face problems that car drivers don’t. Potholes, wet pavement, and loose gravel can throw the wheels off balance. Without a frame, a rider’s helmet and jacket may be their only protection.

In Myrtle Beach and Florence, scooters share the road with cars, trucks, and pedestrians. One distracted driver, a missed blind spot, or a sharp turn can cause a serious crash in seconds.

Are Scooters Safer Than Motorcycles?

Scooters travel more slowly, but that doesn’t make them safer. Smaller tires, less weight, and weaker brakes can make it harder to stay in control during sudden turns or stops. Unlike motorcycles, scooters often lack the stability and handling needed for unpredictable road conditions.

Many scooter riders also skip helmets, mirrors, or proper training. That leaves them exposed in traffic. A slower ride won’t protect you when a driver makes a fast mistake.

Scooter Laws in South Carolina

South Carolina classifies most scooters by engine size. Mopeds—vehicles with 50cc or smaller engines—follow different rules than scooters or motorcycles with more power.

Statewide rules include:

  • Registration is required for both mopeds and scooters.
  • Insurance is required for scooters over 50cc, but it is not required for mopeds.
  • Helmets are required for riders under 21.
  • All riders must follow traffic laws, including speed limits and lane rules.
  • Sidewalk and bike lane use is not allowed for scooters or mopeds.
  • Riders must carry a valid driver’s license or moped license.

Cities like Myrtle Beach may add their own restrictions, so it’s smart to check local ordinances before riding in high-traffic areas.

Common Causes of Scooter Accidents

Scooter crashes happen for many of the same reasons motorcycle crashes do—driver inattention, poor road conditions, and lack of visibility. The smaller size of a scooter increases the chance of being overlooked, especially at intersections.

Other common causes include:

  • Cars making sudden left turns
  • Drivers opening doors into a rider’s path
  • Aggressive passing on narrow roads
  • Wet pavement or sand near the beach
  • Limited lighting or reflectors at night

Scooter accidents may not always grab headlines, but they still leave people with broken bones, concussions, road rash, or worse. 

What to Do After a Scooter Crash

Anyone involved in a scooter accident should get medical help immediately, even if the injuries seem minor. Some symptoms, like head trauma or internal damage, won’t show up right away.

After medical treatment, the next step will involve collecting evidence. Photos, witness names, police reports, and scooter damage will all matter. The sooner a rider talks with a lawyer, the stronger their case will become.

Legal Help for Injured Scooter Riders

Scooter riders deserve safe roads just like anyone else. When someone else’s poor judgment causes a crash, that person should be held responsible for the injured rider’s injuries and accident-related losses.

Our Florence and Myrtle Beach motorcycle accident attorneys will help you take the next step. At Willcox, Buyck & Williams, PA, we will investigate the crash, gather the evidence, talk to witnesses, and build a case grounded in real facts.

Whether your scooter crash happened in traffic or on a side street, we’re ready to listen and take action. Reach out to us today.

Man standing in a courtroom, appearing to present or testify with papers in hand.

What Is an Expert Witness?

An expert witness is a person who has special knowledge and skills in a particular field, such as medical science, engineering, or accounting. A South Carolina personal injury lawyer will often hire experts to testify on behalf of their clients in court.

An expert witness can be any professional that provides information, expertise, or opinion on behalf of one side of the case only. Experts usually testify on scientific, technical, or medical matters but can also be called upon to give their opinion based upon their experience as well. 

For instance, if you were involved in a car accident where there was another driver at fault and you want compensation for your injuries then it would likely be necessary for you to have an accident reconstructionist.

When Do You Need an Expert Witness?

In order to win a personal injury case, you need to prove that the defendant is liable for your injuries. The only way to do this is by proving that the defendant’s actions caused an accident or incident leading to your injuries. 

The tough part of proving liability in a personal injury case is making sure there are enough facts and evidence available about what happened. And it can be hard to know where those facts come from without experience as a lawyer or investigator who specializes in these cases. 

That’s why hiring an expert witness can be so helpful. 

Expert witnesses review information and evidence from accidents and incidents provided by lawyers. The expert’s findings are then used for negotiations or during trials.

Who Is Qualified to Be an Expert Witness?

There are some qualifications that must be met before you can testify as an expert in a trial. These qualifications include: 

  • being qualified by education or experience; 
  • having knowledge of the subject matter; 
  • having personal observations related to the case; and 
  • being well-respected in the field of expertise

An experienced personal injury attorney will have a network of experts available to assist in determining things like:

  • who is at fault for an accident
  • what damages should be
  • whether there was a defective part that caused an injury
  • whether injuries are caused by the type of accident that occurred
  • what the likelihood of recovery is for a particular injury

Many settlements and lawsuits are won based on the testimony of the experts.

Our Personal Injury Attorneys are Here to Help

When you are injured in an accident, it is important to get the best care possible. In order for your injury claim to be successful, you need a personal injury lawyer on your side who will help you navigate all of the legal waters that come with filing a claim. Our personal injury lawyers have an extensive network of expert witnesses who can analyze and testify about the cause of injuries and damages experienced by survivors after an accident. Contact us today.

Doctor holding an injured hand with a cast around it

Why Should I Hire a Personal Injury Attorney After an Accident?

If you’ve been hurt in an injury accident, you may be wondering if you are entitled to financial compensation through a South Carolina personal injury legal action. Chances are if the accident resulted from another’s negligence, you probably have a viable claim against the at-fault party.

While you may be tempted to pursue damages on your own, hiring a professional South Carolina personal injury attorney may be a better choice. Let’s look at why hiring a personal injury attorney to act as your advocate is a good idea.

Why Should I Hire a Personal Injury Attorney? 

After an injury accident, you are likely overwhelmed with emotion and concern in the face of physical injury, mounting medical debt, and lost wages. Trying to manage a personal injury claim under extreme emotional stress can leave you vulnerable to legal technicalities and manipulative tactics from the opposing party.  

Hiring a lawyer versed in personal injury law is your best bet to ensure that the handling of your personal injury action is thorough and well-executed. 

5 Reasons a Lawyer Should Represent Your South Carolina Personal Injury Claim

1. Protecting Your Legal Interests

When you retain legal counsel, you are hiring an advocate to protect your legal rights. Lawyers experienced in personal injury law understand the rules and regulations governing your rights to compensation. 

A skilled personal injury attorney will frame and argue your case within the scope of personal injury law and insurance regulations to get you the most compensation possible for your losses and pain and suffering. 

2. Conducting a Thorough Investigation

A personal injury claim requires well-documented, detailed facts to support an argument for financial damages. Personal injury attorneys use various resources and experts to gather evidence and build a case that will withstand scrutiny by the opposing party. 

3. Navigating Deadlines and Statutes of Limitations

Most personal injury cases are compromised by minor errors and oversights involving filing deadlines. Your claim is subject to a statute of limitations and other deadlines throughout the legal process from the time your injury accident occurs.

Attempting to balance your recovery and personally manage the complex legal process of an injury action opens you to errors and oversights that could compromise your case.  

An experienced personal injury lawyer will meet required timelines to ensure your case is not lost on a scheduling or other process technicality.  

4. Defending Your Rights Against Insurance Bad Faith 

Insurance companies are designed to make money, not lose it. Their primary interest is to minimize or eliminate financial losses, and they will use any strategy to do so.  

A savvy and experienced lawyer will anticipate the insurance adjusters’ tactics and ensure that you are not manipulated into accepting less than you deserve. 

5. Maximizing the Financial Award

Personal injury victims with lawyers representing their case are typically awarded higher payouts than victims who go it alone. This is generally attributed to an injury attorney’s ability to navigate the law, recognize and defeat bad-faith insurance tactics, and account for injury victims’ long-term recovery needs. 

Contact a South Carolina Personal Injury Attorney Today

The aftermath of a personal injury accident brings with it a great deal of fear and emotion that can easily overwhelm even the most sensible person.

Hiring a personal injury attorney to represent your case for damages can offer confidence and peace of mind that your case will be properly handled. While you focus on healing and recovery, your attorney will fight for your rights to the maximum compensation you deserve. 

Contact our law firm today for knowledgeable and skilled representation by an experienced South Carolina personal injury attorney. 

personal injury victim meeting attorney

Is It Worth Hiring a Personal Injury Attorney?

If you’ve been hurt in a personal injury accident, you are likely overwhelmed by what to do next.  After seeking necessary medical care, it’s a good idea to reach out to a personal injury attorney for advice.  

South Carolina law allows personal injury victims to seek compensation against negligent parties at-fault for accidents.  Often, this means pursuing a negligent party’s insurance company for financial damages.

In this case, is it worth hiring a personal injury attorney to represent you? South Carolina personal injury attorneys respond, “Yes.”

No one wants to be on the hook for someone else’s financial losses, especially not an insurance company. You will need someone on your side to get the compensation you deserve. 

Top 7 Reasons to Hire A Personal Injury Attorney

1. Thorough Investigation

Experienced personal injury attorneys have vast resources and a network of investigators to vet your case thoroughly and assemble the merits of a winning claim.  

This includes determining negligence, collecting evidence, identifying assets, and examining insurance liability protection. 

2. Objectivity

After an accident, you will face many emotions and fears. Insurance companies and opposing counsel in personal injury claims will exploit your weakened emotional state to their benefit. 

An objective attorney savvy to the opposing party’s tactics can prevent you from making decisions under duress that are against your best interests. 

3. Legal Expertise and Experience

The laws and restrictions governing personal injury claims can be complex. A seasoned personal injury lawyer will know how liability laws and insurance regulations will impact your case. Hiring an attorney experienced with previous personal injury cases and case law history is critical to your claim’s success. 

4. Faster Resolution

Personal injury attorneys work diligently to get you a quick and fair settlement award so you can continue on the path of healing and recovery with much-needed financial resources.  Skilled in negotiation, your lawyer will make the best effort to avoid a costly and protracted trial. 

5. Higher Settlements

Statistically, personal injury victims represented by legal counsel win higher settlement awards than unrepresented parties, even after attorneys fees.  

6. Arbitration, Mediation, Litigation

Attempting to settle a personal injury lawsuit can include a multifaceted approach. Sometimes, settlement negotiations fail, and arbitration or litigation is necessary.

When you work with a personal injury attorney from the start, your attorney can be well-versed on the details of your case and prepared for the opposing party’s tactics and strategies. 

7. You Have Nothing to Lose

Many personal injury attorneys work on contingency. “Working on contingency” means that an attorney collects fees only if the attorney wins a settlement award for their client.  

Generally, in a contingency fee arrangement, attorneys are paid from the settlement. No upfront fees or retainers are required. 

Consult a South Carolina Personal Injury Attorney Today

If you’ve been injured in an accident, you owe it to yourself to seek legal advice.  Personal injury laws allow for compensation to victims who have suffered an injury at the hands of another’s negligence.

Let a South Carolina personal injury attorney guide you through your injury claim and advise you on how to get the compensation you deserve. Contact our law firm today.

truck in rearview mirror of red car

3 Things You Should Know About Truck Accident Claims

Act quickly after a truck accident to collect crucial evidence, like photos and police reports, as trucking companies often conduct their own investigations right away. The sooner you preserve this information, the stronger your case will be in proving fault and seeking compensation.

Truck accidents in South Carolina often involve more severe injuries, higher insurance limits, and complex liability issues compared to typical car crashes. If you or a loved one has been injured in a collision with a commercial truck, it’s important to understand how these cases work under South Carolina law. From determining fault to applying federal regulations, truck accident claims require a strategic legal approach. Here are three key things you should know to protect your rights and maximize your recovery from our South Carolina truck accident attorneys.

1. Why Are Truck Accident Claims More Complicated Than Car Accidents?

Truck accident claims in South Carolina differ significantly from standard car accident cases. These claims typically involve commercial vehicles such as semi-trucks, delivery trucks, or rental trucks from companies like Ryder, Budget, or Penske. The legal process is more complex due to the number of potentially liable parties and the specialized regulations that govern the trucking industry.

Who Can Be Held Liable in a Truck Accident?

In many truck accident cases, liability extends beyond the driver. Depending on the facts, other responsible parties may include:

  • The trucking company that employs the driver
  • A third-party maintenance contractor
  • A cargo loading service
  • The manufacturer of a defective truck component

Each of these parties may carry separate insurance policies, which can complicate the claims process but also increase the potential sources of compensation.

What Regulations Apply to Trucking Companies?

Truck drivers and their employers must comply with both federal and South Carolina-specific safety regulations, including:

  • Hours-of-service limits to reduce driver fatigue
  • Electronic Logging Device (ELD) requirements to track driving time
  • Mandatory vehicle inspections and maintenance
  • Driver qualification and training standards

Violations of these rules can serve as evidence of negligence and strengthen your legal claim.

Why Is Early Evidence Collection So Important?

Preserving evidence immediately after a truck accident is critical. Key forms of evidence may include:

  • Police crash reports
  • ELD or black box data
  • Driver logs and maintenance records
  • Photographs of the crash scene and vehicle damage
  • Expert analysis from accident reconstruction professionals

Because trucking companies often launch their own investigations right away, it’s essential to consult an attorney quickly to ensure vital evidence is preserved.

2. How Is Fault Determined in a South Carolina Truck Accident?

To recover compensation after a truck accident in South Carolina, you must prove that another party was at fault. Even if you share some responsibility, you may still be eligible for damages under the state’s comparative negligence law.

What Constitutes Negligence in a Truck Accident?

Negligence occurs when a party fails to exercise reasonable care. In truck accident cases, examples include:

  • A driver operating while fatigued or speeding
  • A company neglecting routine truck maintenance
  • Improperly loaded cargo causing a rollover or spill

Your attorney will gather evidence to show how these actions directly contributed to your injuries.

How Does South Carolina’s Comparative Negligence Rule Work?

South Carolina follows a modified comparative negligence system. If you are found partially at fault, your compensation will be reduced by your percentage of fault. For instance, if you are awarded $100,000 but determined to be 20% at fault, you would receive $80,000.

However, if you are found to be more than 50% at fault, you are barred from recovering any damages. This makes it essential to build a strong case that clearly establishes the other party’s greater responsibility.

Why Is Legal Strategy Critical?

An experienced truck accident attorney can help reduce your share of fault and present a compelling case. They understand how to apply federal trucking regulations, analyze insurance policies, and identify all liable parties, factors that are unique to commercial truck accident litigation.

3. What Types of Compensation Can You Recover After a Truck Accident?

Truck accidents often result in serious, life-altering injuries. Victims may be entitled to significant compensation, but only if they can fully document their losses.

What Damages Are Available in South Carolina?

Depending on the circumstances, you may be eligible to recover:

  • Economic damages: medical expenses, lost wages, rehabilitation costs
  • Non-economic damages: pain and suffering, emotional distress
  • Punitive damages: in cases involving gross negligence, such as drunk or reckless driving

These damages can be substantial, especially if your injuries prevent you from working or require long-term care.

What Should You Document to Support Your Claim?

To strengthen your case, keep thorough records of:

  • All medical treatments, prescriptions, and follow-up care
  • Time missed from work and documentation of lost income
  • Future medical needs and projected expenses
  • Any changes to your daily life or ability to function

This documentation allows your attorney to present a detailed picture of how the accident has affected your life and financial stability.

Should You Accept an Early Settlement Offer?

Insurance companies may offer quick settlements that appear generous but often fail to cover long-term costs. Accepting an early offer without legal advice can prevent you from pursuing additional compensation later. Always consult a qualified attorney before agreeing to any settlement.

What Should You Do Immediately After a Truck Accident in South Carolina?

Taking prompt action after a truck accident can significantly impact the outcome of your case:

  • Report the accident and seek medical attention immediately
  • Preserve evidence, including photos, witness contact information, and police reports
  • Contact a South Carolina truck accident attorney as soon as possible to begin an investigation and protect your claim

The earlier you act, the better your chances of recovering full compensation.

How Can a South Carolina Truck Accident Attorney Help?

If you’ve been injured in a truck accident, whether involving a semi-truck, a FedEx delivery vehicle, or a rental truck from Budget or Ryder, you don’t have to handle the legal process alone. The attorneys at Willcox, Buyck & Williams, PA have the experience and resources to manage complex truck accident claims. Contact us today to schedule a consultation and take the first step toward protecting your rights and securing the compensation you deserve.

Business attorney sitting with client

How Do You Know If You Have a Good Settlement Offer?

Most personal injury claims are settled between the victim and the insurance company for the party who caused the injury. Settling an injury claim with the insurance company generally means that you give up your right to demand more money or file a lawsuit regarding the injury. Therefore, you want to make sure that the settlement offer is fair. Because the settlement is final, you may want to talk with a South Carolina personal injury attorney before accepting a settlement offer from an insurance company.

What Factors Affect the Value of a Personal Injury Claim?

The insurance company considers numerous factors as it decides how much to offer you to settle your injury claim. Some of the factors that could influence its decision include:

  • The total cost of your financial damages, including loss of income, medical bills, personal care, therapies, and other out-of-pocket expenses
  • The type and severity of your injuries
  • Whether you sustained a permanent impairment or disability 
  • The expenses and costs of defending a personal injury lawsuit
  • Any potential weaknesses in your cases, such as allegations of comparative fault, preexisting conditions, or delays in medical care after the accident
  • Whether you hired a personal injury lawyer, and if so, your attorney’s trial experience and record

If an insurance company believes that it could be liable for a high-value claim, it might make a quick, low settlement offer to avoid paying a larger amount. When an insurance company pressures you to accept a settlement offer before you complete medical treatment, it could a warning sign that your claim may be worth a large amount. It is not in your best interest to settle the claim until your doctor completes treatment and advises you of any permanent impairments or disabilities. 

What Is a Good Settlement Offer for My Injury Claim?

Settlement offers are based on the specific facts and circumstances of your case. The best settlement offer compensates you for all economic losses and your pain and suffering damages. However, the insurance company’s goal is to pay as little as possible to resolve your claim. Your goal is to receive the highest amount possible for your injury claim. Therefore, a settlement offer usually falls somewhere between those two amounts.

To know whether the insurance company’s settlement offer is fair, you need to know the value of your damages.

To calculate economic damages, total all of the financial losses, expenses, and costs related to the accident, your injuries, and your recovery. Examples of economic damages include: 

  • Burial and funeral expenses for a wrongful death
  • Medical expenses, including hospital bills, doctors’ bills, medications, therapy costs, ambulance bills, medical equipment, etc.
  • Personal care and assistance with daily activities, including household chores
  • Loss of income and benefits
  • Travel expenses to and from appointments with medical providers
  • The cost of modifying your home or vehicle because of a disability or impairment
  • Decreases in future earnings and cost of medical/personal care because of a disability

The insurance company will require proof of all economic losses. 

Calculating “pain and suffering” or non-economic damages is more challenging. You must put a price on the emotional distress, pain, discomfort, and loss of enjoyment of life. Non-economic damages also include compensation for scarring, disfigurement, and disabilities. In most cases, the more severe the injury, the higher the value of pain and suffering damages. If you are unsure how to value non-economic damages.

Contact a South Carolina Personal Injury Attorney for Help

Calculating the value of a personal injury claim can be difficult. If you are unsure how much your claim is worth, talk with a South Carolina personal injury attorney before accepting an insurance company’s settlement offer. A lawyer can offer an honest analysis of your claim to help you decide if the settlement offer is reasonable. Contact our office today.