After a Truck Crash in the Midlands
Treatment comes first. While you're at Prisma Health Richland, Lexington Medical Center or another hospital, a relative can handle the report and the calls.
- Get to the ER. Call 911 and follow the EMS crew. Make sure each doctor knows a loaded truck was involved.
- Get the report. The Highway Patrol often works interstate crashes, but Columbia Police or a sheriff's department may have responded. Ask that agency how to get the report.
- Capture the markings. The carrier's name on the door, the USDOT number beneath it, trailer numbers and both plates.
- Note the details. The carrier, the driver's name, the cargo if visible and where it was headed.
- Find the people who stopped. A driver who pulled onto the shoulder to help may be the best witness you have.
- Ask about the trucking records. Logs, engine data, maintenance files, dispatch messages and camera footage may matter, and some records are kept only for limited periods; federal rules generally require carriers to keep certain duty-status records for six months.5
- Don't sign anything yet. Many people get advice first.
Truck Traffic Around Columbia
I-26, I-20 and I-77 all carry heavy truck traffic through the Midlands, and they meet around Malfunction Junction, where Carolina Crossroads construction has brought lane shifts and new ramps for years. Warehouse and plant growth along I-77 near Blythewood and along I-26 and I-20 in Lexington County puts more tractor-trailers next to commuters. Dump trucks and work trucks run on roads like Two Notch, Garners Ferry and Shop Road.
How Truck Cases Differ
Depending on the truck and its operation, federal or state safety rules may govern driver qualifications, hours of service, inspections, maintenance and cargo securement.6 The trucking company, a maintenance provider, a loader or another party may share responsibility if its conduct contributed.1
Evidence the carrier may hold:
- Electronic logging and hours-of-service data
- Engine or event data recorder information, if available
- Driver qualification and training files
- Inspection, maintenance and repair records
- Dispatch messages, GPS data and camera footage
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Time to File
Most South Carolina personal injury lawsuits must be filed within three years.2 Opening a claim with an insurance company does not stop the statute of limitations from running.3 Tort Claims Act suits generally must be filed within two years, or three years with a qualifying verified claim, and damage caps may apply.78 See truck accident claims in South Carolina for more.
Talk With Us
A crash with a big rig often means serious injuries. Walk us through the merge, the lane change or the rear-end hit. If you hire us, the insurers can usually deal with us.
Our office is on King Street in Charleston. We take cases across South Carolina, including Columbia and the Midlands. The first conversation can happen by phone. If the injuries are severe, see Columbia catastrophic injury claims.
South Carolina Law on This
- 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.1
- Most personal injury claims in South Carolina must be filed within three years.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
- 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.4
- 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.5
- 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.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 crash claim be worth?
Nobody can say from a web page. Depending on the facts, 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. The amount depends on the evidence, the injuries and the insurance, and no particular recovery can be promised.9
The truck belonged to a city or county. Does that change anything?
It may. A Tort Claims Act suit generally must be filed within two years, or three years with a qualifying verified claim.7 Recovery is generally limited to $300,000 per person and $600,000 per occurrence, with no punitive damages.8 Not every truck doing public work is a government vehicle, so who owned and ran it matters.4
What should I have ready when I call?
Whatever you've got: the report number, photos of the truck and its DOT number, the company name, insurance letters and medical bills. Gaps are fine.
Sources
- General South Carolina negligence and employer liability law, as stated in Sean Hall's Nov 5 review notes
- S.C. Code § 15-3-530
- S.C. Code §§ 15-3-20 and 15-3-530
- S.C. Code §§ 15-78-110 and 15-78-120
- 49 C.F.R. § 395.8(k)
- 49 C.F.R. Parts 390-399
- 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.
