Determining Fault for a Truck Crash Can Be Complex
A collision with a commercial truck is nothing like a typical fender bender. A fully loaded tractor-trailer can weigh up to 80,000 pounds, and when one strikes a passenger car, the people inside often suffer serious, life-changing injuries. Interstates like I-85, I-26, and I-385 carry heavy truck traffic through Greenville, Spartanburg, and the rest of the state every day.
After a South Carolina truck accident, one of the first questions victims ask is who will pay for their medical bills, lost income, and suffering. The answer is often more complicated than after a car crash. Several people and companies may be responsible for a truck accident, including some who were nowhere near the scene.
Below, we explain who can be held liable, how our truck accident lawyers can help, and the deadlines you need to know.
Who May Be Liable in Truck Accident Cases?
The commercial trucking industry involves many players: the driver, a motor carrier, a shipper, a loading crew, a repair shop, and the companies that built the truck and its parts. Each of them has legal duties to keep the public safe.
That is why South Carolina truck accident claims often involve more than one defendant. Each at-fault party can mean more compensation available to cover your losses.
The Truck Driver
Truck drivers hold a commercial driver’s license and are held to a higher standard of care than everyday motorists. Common driver mistakes that lead to truck crashes include speeding, following too closely, unsafe lane changes, distracted driving from phones or dispatch devices, and driving while impaired.
Fatigue is another major cause. Federal hours-of-service rules limit most truck drivers to 11 hours of driving after 10 consecutive hours off duty. A driver who ignores these limits, falsifies logs, or gets behind the wheel too tired to drive safely may be responsible for a truck accident and the injuries it causes.
The Truck Company
In many cases, the trucking company that employs the driver is legally responsible for the driver’s negligent actions on the job. This means the company can be held accountable if the driver was careless or reckless while working.
Trucking companies can also be liable for their own careless decisions. Examples include hiring drivers with poor safety records, failing to train them properly, skipping required drug and alcohol testing, and pushing drivers to meet delivery schedules that are impossible to keep without speeding or skipping rest.
Some companies label their drivers as independent contractors to avoid liability, but that label does not always protect them.
Cargo Loading Companies
How a truck is loaded affects how it handles on the road. Overloaded trailers take longer to stop, and unbalanced or poorly secured cargo can shift during a turn. That can cause rollovers, jackknifes, or loads spilling onto the highway. Federal cargo securement rules spell out how freight must be tied down.
If a shipping or loading company packs a trailer improperly, it may be held responsible for a wreck.
Maintenance Contractors and Repair Shops
A tractor-trailer needs regular inspections and repairs to stay safe. Worn brakes, bald tires, broken lights, and faulty steering can all lead to a serious crash. Federal rules require carriers to inspect, repair, and maintain their trucks and keep records of that work.
Many trucking companies hire outside repair shops or mechanics. If those providers do careless work, use the wrong parts, or miss obvious problems during an inspection, they can be held accountable for the harm that follows.
Manufacturers of Trucks and Parts
Sometimes a crash happens because something on the truck was defective from the start. Faulty brakes or tires, defective steering systems, and weak trailer components can contribute to a collision.
South Carolina product liability law allows injured people to hold companies accountable for selling dangerous, defective products. A manufacturer or seller may be responsible for a truck accident if a defect caused the crash. These claims often require testing of the failed part and testimony from engineering experts.
Government Organizations
Poor road design, missing or confusing signs, broken traffic signals, unrepaired potholes, and dangerous work zones can all contribute to a truck collision. The responsible agency might be the South Carolina Department of Transportation (SCDOT), a county, or a city.
City or county agencies may operate garbage trucks. Utility trucks may be deployed for roadwork and infrastructure projects. Fire trucks can run red lights when responding to an emergency, but drivers must typically use flashing red lights and sirens and exercise due caution.
Claims involving a government entity fall under the South Carolina Tort Claims Act. This law includes special notice rules, shorter deadlines in some cases, and damage caps. These claims need careful attention from the start.
How Our Truck Accident Lawyers Gather Evidence
A careful investigation is key to building your truck accident claim. Our legal team acts quickly to gather and preserve evidence. This often includes:
- Electronic logging device (ELD) data showing the driver’s hours on the road
- The truck’s event data recorder, or “black box,” which can capture speed, braking, and other details in the moments before impact
- Driver qualification files, training records, and drug and alcohol test results
- Inspection and maintenance records for the truck and trailer
- Loading records for the cargo
- Dashcam footage, nearby security video, photos, and witness statements
Our truck accident lawyers also review whether the driver and carrier followed Federal Motor Carrier Safety Administration (FMCSA) standards. Breaking those rules can be strong evidence of liability. In some cases, we may work with accident reconstruction experts.
What Compensation Can You Recover After a Semi-Truck Wreck?
Compensation in a truck accident case depends on your injuries and how the crash has affected your life. Damages may include:
- Medical expenses, including emergency care, surgery, hospital stays, rehabilitation, and future treatment
- Lost wages for the time you were unable to work
- Reduced earning capacity if your injuries keep you from returning to your job or working full time
- Pain and suffering, including physical pain and emotional distress
- Loss of enjoyment of life when injuries prevent you from doing activities you once loved
In some cases involving especially reckless conduct, such as a drunk driver or a company that knowingly hid safety violations, South Carolina courts may award punitive damages.
Our truck accident attorneys can calculate the full value of your claim. We communicate with adjusters and push back against low settlement offers. Most truck accident cases settle without a trial. Insurers tend to offer more when they know your attorney is prepared to file a lawsuit.
How Long Do You Have to File a Truck Accident Lawsuit in South Carolina?
South Carolina generally gives injured people three years from the crash date to file a personal injury lawsuit. Wrongful death claims brought by grieving families also generally must be filed within three years of the person’s death.
Claims against government agencies follow different rules. Under the South Carolina Tort Claims Act, you generally must file a lawsuit within two years. The period may be extended to three years if you file a verified claim with the agency.
If you miss the deadline, you will likely lose your right to recover compensation, no matter how strong your case is. Waiting also makes cases harder to prove. Evidence disappears and witness memories fade. Speaking with an attorney early protects your options.
Contact South Carolina Car Accident Lawyers for a Free Consultation
Recovering from a serious crash is hard enough without having to fight trucking companies and adjusters on your own. South Carolina Car Accident Lawyers represents people injured in truck crashes in Greenville, Spartanburg, and communities throughout the state.
If you were hurt in a South Carolina truck accident, we can investigate what happened, identify everyone who should be held accountable, and fight for the full compensation you deserve. You pay no attorney fees unless we recover money for you. Call us today at 864-778-5051 or fill out our online contact form to schedule your free consultation.
