Unique Legal Issues in Motorcycle, Truck, and Pedestrian Accidents
A collision between two passenger vehicles can result in significant medical bills, lost wages, and thousands of dollars in vehicle repairs. While this may be more than enough to make your head spin, motorcycle, truck, and pedestrian accidents come with their own set of challenges. If you or a loved one has recently been injured on the road, our personal injury lawyers are ready to lend a helping hand.
Determining Fault
While proving fault can be difficult in any collision, it is especially true in motorcycle accidents. Biases against riders can cause an eyewitness to give an inaccurate account of events. Given the speed of the crash, physical evidence may be damaged, leaving key facts unclear. If the wrongful party alleges that you were partly at fault, known as comparative negligence, matters will only be more complicated. You will need to present evidence showing your lack of liability. If you are still found partially responsible, your claim will be reduced based on your percentage of fault.
Determining liability in a truck accident can also be more challenging than a standard car accident, especially when multiple parties are involved. Given that trucks have large blind spots, the truck driver may be unable to provide an accurate account of what occurred. With conflicting testimony between multiple drivers, details may remain muddled.
Severe and Catastrophic Injuries
Motorcycle, truck, and pedestrian accidents all come with serious and catastrophic injuries. Pedestrians and motorcyclists are vulnerable road users, making them more inclined to have severe injuries. In contrast, the sheer size and mass of a “big-rig” make truck accident victims more susceptible to serious injuries. The vast amount of medical documentation that must be sorted through often lengthens the settlement timeline.
Federal Trucking Regulations
Commercial truck drivers are bound by the hours-of-service (HOS) regulations mandated by the Federal Motor Carrier Safety Administration (FMCSA). Drivers are limited to an 11-hour driving window, which can be increased by two hours during inclement weather. The driver must spend a total of 10 hours in the sleeper berth, with at least 7 consecutive hours. If a trucker has driven for at least eight consecutive hours, they must take a 30-minute break. A driver’s travel hours are automatically recorded by the truck’s electronic logging device (ELD). If a truck driver has violated any of these provisions, this will be considered when determining liability.
High-Fatality Risks
All three types of accidents have high-fatality rates. In South Carolina, a wrongful death claim can only be filed by the personal representative of the deceased’s estate. Certainly, the process will be more drawn out at the expense of higher compensation. However, most wrongful death suits are settled out of court. Even if you are entitled to compensation, your settlement or award may be reduced if the other party can prove that your loved one was partly to blame.
Settlement vs. Award
Each accident case comes with its own unique set of circumstances. While some cases will have a greater payout if you settle with insurance, others may prove more successful in front of a judge or jury. Our personal injury team will weigh the facets of your case to determine which approach is best for your situation. Be aware that once you accept a settlement, you will sign a release of liability waiver, which will prohibit you from receiving further compensation. So, a settlement may not be the right move if you expect to have future medical expenses or if your expenses increase.
No matter which avenue you choose, South Carolina only gives you three years to take legal action following a personal injury or accident. So, if insurance negotiations stall or become unproductive, our Summerville personal injury attorneys may suggest that you proceed to trial. In short, there is no substitute for experienced representation after an accident.
Reach Out to Our Summerville Personal Injury Attorneys Today
Whether you are harmed in a motorcycle, truck, or pedestrian accident, you need skilled counsel to guide you. At Gil Gatch Law, our Summerville personal injury lawyers have dedicated their professional lives to helping injured individuals recover fair compensation. We feel that having the financial resources you need is key to getting back on your feet. To arrange a free consultation with an attorney, our office can be reached online or by phone at (843) 800-2020 today.