What to Do After a Truck Crash in Greenville
Treatment comes first. A spouse, sibling or friend can deal with the report and the calls while you are in the hospital.
- Let EMS take you in. Call 911, follow the paramedics' advice and describe the crash to every provider. Keep the records of follow-ups and rehab.
- Get the report. On I-85 and I-385 it is often the Highway Patrol; in town, the Greenville Police Department or a town department; elsewhere, the Sheriff's Office. Ask the agency how to request a copy.
- Photograph the rig. The cab, the trailer, any company logo, the USDOT number on the door and the plates.
- Note the details. Trucking company, driver's name, what it was hauling if you could tell, and where it was headed.
- Get witness numbers. Other drivers who pulled over often saw the most.
- Ask about trucking records. Trucks and carriers may have electronic logs, engine data, maintenance files, dispatch messages and camera footage. Some records may be kept only for limited periods.4
Where Truck Crashes Happen Around Greenville
I-85 is the Upstate's main freight route, with tractor-trailers mixed into commuter traffic from Anderson County through Greenville to Spartanburg. Warehouses and distribution centers line the corridor, and container trucks run to and from the inland port near Greer. Dump trucks and delivery vans also crowd Woodruff Road, Wade Hampton Boulevard and the growing areas around Simpsonville and Travelers Rest.
Why Truck Cases Differ From Car Cases
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
More than the driver may be involved. The trucking company, a maintenance shop, a business that loaded the cargo or another party may share responsibility if its conduct contributed to the crash.6
Carriers often hold evidence you can't get on your own:
- The driver's electronic logbook showing hours behind the wheel
- Engine or event data recorder information, when it exists
- Hiring, licensing and training paperwork for the driver
- Inspection, maintenance and repair records
- Messages from dispatch, location tracking and forward-facing or cab camera clips
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
How Long You Have to File
Most personal injury claims in South Carolina must be filed within three years.1 Back-and-forth with the carrier's insurer doesn't stop that clock.3 Tort Claims Act lawsuits generally must be filed within two years, or three years after a qualifying verified claim, and recovery limits apply.78
See our statewide truck accident page. If the crash involved a regular car, see car wrecks in Greenville.
Talk With Us
A crash with a loaded rig or work truck usually means serious injuries. We start by hearing what happened on the road and how you are holding up.
Our office is on King Street in downtown Charleston. The first conversation can happen by phone. We take cases across South Carolina, including Greenville and the Upstate. If you hire us, the insurers can usually deal with us.
Call and walk us through the crash.
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 might my truck crash claim be worth?
That turns on fault, how badly you were hurt, the insurance available and the proof of your losses. Depending on the circumstances, a person hurt 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. No particular recovery can be promised.9
The truck belonged to the county. Is that different?
It can be. Claims against a state or local agency have their own deadline and possible damage caps.2 Those lawsuits generally must be filed within two years, or three years after a qualifying verified claim.7 The Tort Claims Act also limits recovery against government entities.8 A truck doing road work may belong to a private contractor, so the name on the door is worth a photo.
What should I have ready for the first call?
Whatever you've got: the report number, photos showing the USDOT number on the cab door, the company name, insurance letters and medical bills. Missing pieces are fine.
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.
