What to Do After a Truck Accident in Charleston
Container trucks headed to and from the port terminals, tractor-trailers on I-26, dump trucks on new-construction roads in Summerville and delivery vans on the peninsula all share the road with you here. A crash with any of them can mean a long hospital stay. Care comes first, and a relative or friend can handle the rest.
Follow the paramedics' lead on getting to the hospital, describe the crash to every provider, and keep records of follow-ups and rehab. Someone can find out whether the Highway Patrol, a police department or the sheriff's office worked the wreck and how to get the report.
Ask them to photograph the cab, the trailer, any company name, the DOT number on the door and the plates. Write down the trucking company, the driver, the cargo if you could tell and where the truck was going. Get phone numbers from witnesses.
Trucks and trucking companies may have electronic logs, engine data, maintenance files, dispatch messages and camera footage. Some trucking records may be kept only for limited periods, such as certain duty-status records kept for six months.4 A lawyer can ask that those records be preserved. Talk with one before you sign anything.
Why Truck Wrecks Are Different
Depending on the truck and its operation, federal or state safety rules may govern driver qualifications, hours of service, inspections, maintenance and cargo securement.5
A truck accident claim may involve more than the driver. The trucking company, a maintenance shop, whoever loaded the cargo or another party may share responsibility if its conduct contributed to the crash.6 On a port run, the tractor, the chassis and the container can each belong to someone different.
Time Limits
Most South Carolina injury claims must be filed within three years.1 That date is for a lawsuit, and back-and-forth with the trucking company's insurer doesn't pause it.3 Tort Claims Act suits generally must be filed within two years, or three with a qualifying verified claim, and damage limits may apply.78
Our South Carolina truck crash page has more.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us About What Happened
Wrecks with big trucks often cause serious injuries. Tell us what happened and how you're doing. If you hire us, the insurers can usually deal with us.
Our office is on King Street in downtown Charleston. For a wreck with a regular car, see car accidents in Charleston. Riders can see motorcycle crashes in Charleston.
South Carolina Law on This
- Most personal injury claims in South Carolina must be filed within three years.1
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.2
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.3
- Some trucking records may be kept only for limited periods under applicable regulations or company practices. For example, federal rules generally require motor carriers to keep certain records of duty status and supporting documents for six months.4
- The Federal Motor Carrier Safety Regulations, primarily found in 49 C.F.R. Parts 390-399, may apply to a particular commercial vehicle or operation. Depending on the truck and its operation, federal or state safety regulations may govern driver qualifications, hours of service, vehicle inspections, maintenance and cargo securement.5
- A truck accident claim may involve more than the driver. Depending on the circumstances, the trucking company (motor carrier), a maintenance provider, a cargo-loading business or another party may share responsibility if its conduct contributed to the crash.6
- Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years after the loss was or should have been discovered. A three-year deadline may apply if a qualifying verified claim was first filed under the Act.7
- South Carolina generally limits recovery against government entities under the Tort Claims Act to $300,000 per person and $600,000 total for a single occurrence. The Act does not allow punitive damages or prejudgment interest.8
- Depending on the circumstances, a person injured in a crash may be able to seek compensation for medical expenses, future treatment, lost income, reduced earning capacity, pain and suffering, and other losses recognized by South Carolina law. The amount and types of compensation available depend on the evidence, the injuries, the available insurance coverage and South Carolina law. No particular recovery can be promised.9
Frequently Asked Questions
What could my truck case be worth?
Nobody can put a number on it from a web page. A person hurt in a crash may be able to seek medical expenses, future treatment, lost income, reduced earning capacity, pain and suffering and other losses recognized by South Carolina law.9 No particular recovery can be promised.
The truck belonged to the county. Does that change anything?
It can. County dump trucks, city garbage trucks and state DOT rigs can bring the Tort Claims Act into play, with its own deadline and possible caps.2 Those lawsuits generally must be filed within two years, or three with a qualifying verified claim.7 Damage limits may apply as well.8 A truck doing public work isn't always a government vehicle, so who owned and ran it matters.
What should I have with me when we talk?
Whatever you've got: the report, photos showing the company name and DOT number, insurance letters and medical bills. Gaps are fine.
Do I have to come to the King Street office?
No. A phone call works, and a relative can make it while you're in the hospital. Our office is on King Street downtown if you'd like to meet. When getting to King Street is hard, we can come to the hospital, to your home or to another place that's easier for you.
Sources
- S.C. Code § 15-3-530
- S.C. Code §§ 15-78-110 and 15-78-120
- S.C. Code §§ 15-3-20 and 15-3-530
- 49 C.F.R. § 395.8(k)
- 49 C.F.R. Parts 390-399
- General South Carolina negligence and employer liability law, as stated in Sean Hall's Nov 5 review notes
- S.C. Code §§ 15-78-80 and 15-78-110
- S.C. Code § 15-78-120
- S.C. Code §§ 15-32-210 et seq. (punitive damages); South Carolina tort decisions on compensatory damages
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
