Auto accidents of any kind are devastating events to the victim, their family, and their friends. There is a lot to deal with, from the injuries resulting from the accident to the pile of bills that follow. It can be a lot to handle, but that is why Charleston personal injury law allows you to claim damages.

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Truck accidents are a lot worse than accidents involving passenger vehicles due to the truck’s size. Also, pursuing a personal injury claim in such accidents in Charleston is much more complicated, especially without legal counsel. This article guides you on how you can prove fault in a truck accident in Charleston and the parties you can sue.

Determining Fault in a Charleston Truck Accident: How to Effectively Identify the Negligent Party

When it comes to determining fault in a Charleston truck accident, there is one watchword: negligence. Speaking to truck accident attorney Jan Dils can provide more clarity on the matter of negligence. The fault is typically assigned using the idea of negligence – that is, an individual’s failure to discharge the standard duty of care. The “individual” could be the driver, the manufacturer of the truck, the company or employer of the truck driver, or even the victim.

Generally, the at-fault party in a Charleston truck accident is the one who was more careless. You would typically need evidence to determine fault, including eyewitness accounts, police reports, and citations obtained at the accident scene. However, while police reports are a great piece of evidence, they are not a definitive document for determining fault.

The Major Negligence Laws: How Is Negligence Defined, Identified, and Punished?

Determining negligence in a personal injury case is dependent on which negligence law a jurisdiction follows. Generally, there are three negligence rules, and different states follow different rules: pure contributory, pure comparative, and modified comparative negligence rules.

●     Pure contributory fault

According to this rule, the plaintiff cannot recover damages if they are even just one percentage to blame for the accident. However, the plaintiff can dispute the rule if they can prove that the defendant was intentionally negligent or willfully destructive. Essentially, the pure contributory fault rule is challenging, requiring that the plaintiff be 100 percent innocent.

●     Comparative fault

Most states follow this negligence rule, which states that fault in a truck accident is determined by evaluating each party’s contribution to the accident. That is, one would typically need to weigh the plaintiff’s and defendant’s negligence to determine the damages for which they can be liable. This rule is further divided into two parts, which are pure comparative and modified comparative faults:

  • In pure comparative fault, the damages the plaintiff receives will be reduced by their contribution to the accident.
  • In modified comparative fault, the plaintiff can only recover damages if they are not up to 50 percent responsible for the accident.

Potential Liable Parties: Who Can You Sue When Involved In a Truck Accident In Charleston?

Personal injury cases involving truck accidents are much more complicated to resolve because they often involve more than one defendant. As such, it can be hard to determine who is liable for a truck accident in Charleston. Below is a list of people that you can sue if you were hurt in a Charleston truck accident:

  • The truck driver: More often than not, truck accidents happen due to driver errors such as driving while intoxicated, distracted driving, and more.
  • The trucking company: You can hold the company the truck driver works for liable for the accident, provided you can prove they knowingly hired unqualified drivers. Otherwise, you can prove that they failed to conduct consistent, day-to-day checks on their equipment.
  • The truck manufacturer: You may hold a truck manufacturer liable if they made and sold a defective truck part that caused the accident.
  • The maintenance company: You can hold the maintenance company and the truck company liable for defaulting on fixing a damaged truck part.
  • The loading company: You can hold cargo companies for failing to penalize overloaded trucks, knowing that optimal truck weight and balance are essential.

Conclusion

Proving fault in a Charleston truck accident can be tricky, seeing as more than one defendant is typically involved. Therefore, working with a Charleston truck accident attorney may be a great idea if you want the best chance at winning.