If you were involved in a truck crash in South Carolina, you might hear the word “settlement” a lot. But what does settlement mean in a truck accident case? A settlement is an agreement to resolve your case outside of court. You accept a payment from the trucking company or their insurance, and in return, you agree not to sue. The amount you receive depends on the impact on your life and the evidence presented by your legal team.
If you were hurt in a crash with a semi-truck, a Greenville truck accident lawyer can help you understand your options and fight for the compensation you’re owed.
How do truck accident settlements work in South Carolina?
Truck accident settlements happen after an injured person files a claim for damages. That claim can be against the truck driver, the trucking company, or both. Most cases settle before trial.
Here’s how it works:
- You file a claim: Your lawyer investigates the crash and identifies all liable parties.
- Evidence is gathered: This includes black box data, witness statements, truck maintenance logs, and proof of your injuries.
- Damages are calculated: This covers medical expenses, lost wages, and pain and suffering.
- A settlement is negotiated: The trucking company or insurer offers a lump-sum payment.
- You agree or decline: If the offer is fair, you can settle. If not, your lawyer may take the case to court.
Once a settlement is signed, you can’t ask for more money later, even if your condition worsens.
What factors affect how much a truck accident settlement is worth?
No two truck accident claims are the same. Some settle for $20,000, others for over $1 million. The amount depends on factors like medical bills and future care needs, lost income and future earning capacity, pain, suffering, emotional distress, and more. The strength of your evidence and how much fault is placed are also important factors, along with your insurance coverage.
South Carolina follows modified comparative negligence under § 15-38-15. This means if you’re 51% or more at fault, you can’t recover anything. If you’re 50% or less at fault, your compensation is reduced by your percentage of fault.
What does the average truck accident settle for in South Carolina?
Every case is different, and there is no set number. There are numerous factors that affect what a truck accident case will settle for. The biggest factor affecting settlement amount is how bad the injured person’s damages are. Because of the size and weight of trucks, truck accident injuries are often a lot worse than accidents involving only passenger vehicles. Another factor is liability- if the truck is only partially at fault, then the settlement would be reduced based on each party’s relative fault.
The more serious the injury, the more your case may be worth. Truck accident attorneys work to show the full impact on your life.
Who is responsible for paying the settlement?
That depends on who caused the crash. The truck driver might be responsible, but usually, their employer also shares liability. Under South Carolina law, trucking companies are often liable for their drivers’ actions under the legal rule of respondeat superior. That means you can file your claim against the company’s commercial insurance.
Sometimes, other parties might be involved, like a company that owns the trailer or a freight broker. Your lawyer will help sort this out and send legal notices to preserve evidence.
Can you go to trial instead of settling?
Yes. A trial may be needed if the insurance company won’t offer fair compensation. A verdict is decided by a judge or jury and may result in a higher payout, but it also takes longer and carries more risk.
If you need to sue the city after a truck crash, the process is different. Government agencies like the City of Greenville are protected by the South Carolina Tort Claims Act, which limits when and how you can file a lawsuit. You may first need to file a verified claim for damages before you can go to court, and there are shorter deadlines to meet.
Many settlements are reached before trial. A skilled truck accident attorney can help you decide whether to settle or take your case to court.
Talk to Smith Jordan about your truck accident case
If you were injured in a truck crash, you don’t have to figure things out alone. At Smith Jordan, we take the time to listen, explain your rights, and guide you through every step. We’ll deal with the trucking company and their insurer while you focus on healing. Contact us today by scheduling online or calling (864) 343-2222.