Charleston worker is injured when his truck turned over on a highway. What remedies are available to him?

A number of workers around the country need to drive as a part of their job duties every day. It is possible for people to have an accident or be injured while they are at work, and they may want to file a lawsuit or get financial assistance in other ways.

An accident involving a dump truck caused delays in the Charleston area.

Highway 61 is blocked by gravel after dump truck turns over

A dump truck carrying a large amount of gravel was travelling on Highway 61 near the intersection with Old Beech Hill Road. A trooper from the South Carolina Highway Patrol said the accident happened at around 7:30 am.

The truck overturned and sent gravel all over the road, causing several lanes to be blocked. It took cleanup crews more than an hour to clear the area and reopen one lane on the road. Tow trucks also arrived on the scene later to stand the truck upright before all lanes could be opened and traffic was able to flow normally. Emergency response crews worked to redirect traffic in the area as workers secured the scene.

The incident occurred just outside of Charleston in Dorchester County. The driver of the truck needed to be hospitalized, but there was no specific information given about his exact condition or injuries. The immediate cause of the accident was not released either, as South Carolina Highway Patrol was in the process of conducting a full investigation.

Injuries that occur at work

It is common for truckers and drivers of commercial vehicles to be involved in accidents while they are working. The law does provide some additional remedies for them beyond what is available in normal motor vehicle accidents.

Workers compensation is the most obvious type of remedy available to injured workers. Employers are required by law to allow their workers to make a claim and be paid their normal wages for missed time from work as long as they were legitimately injured while on the job and not under the influence of drugs or alcohol at the time.

The employer may also possibly be named as a defendant in a lawsuit if they were responsible for the injuries in some way. This can include defective vehicles, machinery, or other equipment that was not maintained properly and harmed the worker. Most motor vehicle accidents will have an investigation done by the local police or fire department that lists a likely cause of the damage. This evidence can be used to hold the employer or another driver responsible.

There are also laws which say that employers cannot retaliate against workers for filing for workers compensation or bringing a lawsuit. If a business is found to have terminated a worker or taken other actions against them after they asserted their rights, they may be subjected to other penalties and lose more money through associated lawsuits. This is why workers should not be afraid to use the law to help pay for their injuries after a work related incident.

Civil accident cases

Most lawsuits that follow motor vehicle accidents allow the victim to bring a case against any driver, business, or manufacturer that may have contributed to their injuries. These are generally filed as negligence cases which say that the person or business was not careful enough and caused some kind of injury or harm to the plaintiff. An attorney for the plaintiff makes an argument to show that the defendant was responsible, and that the client suffered some kind of tangible harm due to the defendant’s actions. This is done to meet all of the required elements of a negligence lawsuit.

At the conclusion of the trial, the jury will be allowed to decide on an amount of damages that is to be awarded to the plaintiff. This is only done if the defendant is found to be at fault. Damages is the legal term used to describe money that is awarded to pay for things like medical bills and lost wages. In some cases, the defendant may decide to make a settlement agreement and pay the plaintiff a fair amount rather than go to trial.

How will your accident be resolved?

Unfortunately, there is no simple answer to this question. Each lawsuit is going to be different based on the facts surrounding the situation, which is why it is important to discuss the specifics of your case with a lawyer. Attorneys who focus on helping injured people can give more detailed information about exact dollar amounts and the possibility of winning your case after a brief consultation.

Get help from an accident lawyer in the Charleston area

If you have been involved in any kind of motor vehicle accident in Charleston or surrounding counties, attorneys are available to assist you. The Clekis Law Firm represents local clients who were injured and need compensation.