After a Truck Crash on Johns Island
Treatment comes first. A family member can chase down the report and take the calls while you're laid up.
- Get care. Call 911 and follow EMS advice. Tell providers about every symptom and keep records of follow-ups and rehab.
- Ask about the report. Learn whether city police, county deputies or a trooper worked the crash, and how to request it.
- Photograph the truck. The cab, bed or trailer, company name, DOT number and plates.
- Note the details. The company, the driver's name, the load (gravel, fill dirt, lumber, produce or equipment) and where it was headed.
- Find witnesses. Drivers behind the truck and people at nearby homes, shops or job sites.
- Ask about trucking records. Trucks and trucking companies may have driving logs, vehicle data, maintenance records, dispatch messages and camera video, and some records are not kept forever.4 A lawyer may be able to ask that this evidence be preserved.
- Wait before signing. Many people get legal advice first.
Trucks on Island Roads
Dump trucks, concrete mixers and flatbeds serve the job sites in new subdivisions, and delivery trucks and farm trucks share the same two-lane roads. The Maybank Highway corridor, River Road and the work zones near the Main Road and US-17 interchange see heavy truck traffic, often with little shoulder for a car to move over.
How Truck Claims Differ
Truck crashes can involve evidence and duties that ordinary car wrecks don't. Depending on the truck and how it operates, federal or state safety rules may cover driver qualifications, hours of service, inspections, maintenance and securing cargo.5
More than the driver may be involved. The trucking company, a maintenance shop, whoever loaded the cargo or another party may share responsibility if its conduct contributed.6 Records an injured person can't easily get on their own may include:
- Electronic logs and hours-of-service data
- Data from the engine computer or event recorder, if the truck has one
- The driver's hiring, licensing and training files
- Inspection, maintenance and repair records
- Dispatch texts, GPS pings and dash camera video
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Time Limits
Most people in South Carolina have three years to file an injury lawsuit.1 The limit is for filing in court, and talks with the trucking company's insurer do not pause it.3
Tort Claims Act claims generally must be filed within two years, which a qualifying verified claim may extend to three years.7 Special rules and damage caps may also apply.8 The statewide page covers truck accident claims in South Carolina.
Talk With Us About What Happened
A crash with a heavy truck often means serious injuries and months of recovery. We start with what happened and how you are doing. If you hire us, the insurers can usually deal with us, and we talk honestly about your options.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Johns Island. The first conversation can happen by phone.
For a crash with a passenger car, see Johns Island car wrecks. For severe injuries, see catastrophic injury claims.
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 depends on fault, how serious the injuries are, the insurance available and the proof of losses. Damages may include medical bills, future care, lost pay, reduced earning ability, pain and suffering, and other losses South Carolina law recognizes.9 No particular result can be promised.
The truck belonged to a city or county. Does that change anything?
A crash with a government truck may fall under the South Carolina Tort Claims Act.2 The usual window is two years, with three possible after a qualifying verified claim.7 Public defendants also get special liability rules and damage caps.8 A dump truck hauling for a road project may belong to a private contractor, so ownership matters.
What should I have ready for the first call?
Bring what you've got, like a report number, a photo of the truck door and DOT number, the company name, adjuster letters and hospital bills. Missing pieces can be requested later.
Something fell off a truck in front of me on Maybank Highway. What should I do?
Note the nearest cross street and, if it is safe, photograph what fell. Get phone numbers for anyone who saw it come off.
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.
