It’s common for more than one party to be responsible in truck accidents. The truck driver, trucking company, and other entities could play a part in the crash that caused your injuries. You have the right to seek compensation from any individual or company that’s liable when you work with a Greenville truck accident lawyer.
Many find it helpful to know if more than one party can be responsible in truck accidents, and Smith Jordan Law is here to help you through the process.
Who can be at fault in a truck accident?
Along with the truck driver, your personal injury lawyer may discover evidence indicating multiple parties at fault. This could include any of the following:
- Parts manufacturer for components or tires
- Commercial trucking fleet operators
- Trucking company owners
- Cargo Brokers
- Cargo loaders
- Other motorists
- Road repair crews
- Government road maintenance agencies
When you’re facing a truck accident case involving multiple parties, your truck accident attorney can help identify how they should be held responsible, including each part’s percentage of fault.
Why do truck accidents involve more than one party?
Truck accidents can involve multiple parties when several factors happen at once or in succession. For example, suppose the cargo loaders fail to secure the freight correctly, and then another vehicle swerves in front of a truck.
If the truck driver is distracted by a cell phone, they may fail to react quickly enough to avoid hitting other vehicles or causing their cargo to fall from the trailer. The result can be a multi-car pileup with serious injuries.
How is fault split between parties in South Carolina?
Under South Carolina’s “modified comparative negligence” rule (South Carolina Code Section 15-38-15), all parties are assigned a percentage of fault and must pay damages according to that amount. If you, as the plaintiff, are found 51% or more to blame, you can’t seek compensation from other parties.
If you are found 50% or less at fault, you can still file for damages, but it reduces your reward. For example, a 20% finding of fault on a $100,000 claim results in a recovery of $80,000 (20% less). To secure the most for your losses, you need a highly qualified truck accident lawyer who can work to minimize your percentage of fault.
Why does it matter if more than one party is at fault?
When more than one party shares responsibility for your injuries, you have the right to seek full compensation from them for their contribution to your harm. In addition, filing a claim against every party involved allows you to obtain financial recovery for your lost wages, medical bills, and other damages.
Personal injury claims after truck or car accidents often rely on securing evidence such as maintenance records, witness statements, photos, videos, and police reports. This helps attorneys determine who is at fault and informs a judge’s decision if the case goes to trial.
If one party isn’t able to pay their share, you still have the law on your side. Under the South Carolina Contribution Among Tortfeasors Act, if one defendant is 50% or more to blame for your injuries, they can be held responsible for the full amount if the others can’t pay under the doctrine of joint and several liability.
Let Smith Jordan Law look at your truck accident case
At Smith Jordan Law, we’re dedicated to helping you when you’re at your most vulnerable. You can trust an experienced truck accident lawyer from our law firm to stand up to the trucking company and protect your interests. Learn more when you contact us to arrange a free consultation by calling (864) 343-2222 today.