The city of Myrtle Beach has plenty of danger on its roads, just like the entire state of South Carolina and the rest of the country. In some cases, drivers may find themselves unable to avoid an accident with a much larger truck for a number of different reasons. However, drivers should not immediately assume fault in this situation without first seeking legal advice. There is some complexity to the state’s laws dealing with accidents that may allow for the driver to collect money after the incident.
Young driver hits a fire truck in Myrtle Beach
A crash in Myrtle Beach involved a teen who was apparently speeding and struck a Myrtle Beach Fire Department engine. The teen was charged by the South Carolina Highway Patrol for driving too fast based on road conditions as well as leaving the scene of the accident. It seems that at some point after departing the young man returned to the scene to admit what he had done.
Despite what initially happens at the scene and whether police issue traffic citations or make arrests, it is still possible to file a civil lawsuit to be compensated for injuries and vehicle damage after a truck accident. Your lawyer can make a determination based on the specifics of your case and recommend a course of action.
A brief overview of how state law affects negligence cases
South Carolina has a specific doctrine of negligence that can be examined by your lawyer. The state uses a comparative negligence system with some modifications. Comparative negligence means that a judge or jury makes a determination about the level of fault of each driver in the accident to equal one hundred percent. This portion of fault will affect the amount of damages each driver can collect. There is another rule in South Carolina which states if a driver’s amount of fault under this system is greater than another driver involved, the driver with the greater level of fault is barred from collecting a judgment against that defendant. When multiple cars or trucks are involved, a plaintiff can still collect as long as their amount of negligence does not exceed the combined fault of all the other drivers. While this may sound confusing it is not important to become familiar with the specifics of this system. Skilled lawyers who deal with accidents regularly know how to use this doctrine of comparative negligence to their advantage and win judgments or settlements consistently. This simple answer is that a good lawyer can still file a lawsuit against the truck driver.
The specifics of how each number is determined in a negligence case often just depends on how jury feels about the evidence presented during the case. Two different groups of people judging the same incident may say a plaintiff was totally at fault or not at all depending on how they react to the witnesses, lawyers, or even other things outside the courtroom that affect them on that particular day. This is one of the reasons why many cases after accidents resolve through settlement agreements rather than risking time and money on a trial. There is a lot of preparation involved, and it can be costly to find that a jury comes to a nonsensical conclusion. Car insurance companies would think of this possibility of a random outcome as a risk they would like to avoid.
Lawyers in Myrtle Beach can take your case
There are plenty of attorneys available in Myrtle Beach and surrounding parts of South Carolina who are experts in filing cases against truckers and their employers. They can speak with you about the specifics of your accident and make a determination about whether it is necessary to file a lawsuit or recommend other arrangements.