What to Do After a Truck Crash in Mount Pleasant
Medical care comes first. If you're admitted, let someone else chase the report and field the calls.
- Get treated. Call 911 for serious injuries and follow the EMS crew's advice. Tell your providers about the crash and every symptom, and keep records of follow-ups and rehab.
- Ask for the report number. Note whether the Highway Patrol, Mount Pleasant Police or the Sheriff's Office handled it.
- Photograph the truck. The cab, trailer, company name, the DOT number on the door and the plates.
- Write down details. The company, the driver's name, the cargo if you could tell and where the truck was going.
- Find witnesses. Names and numbers of anyone who saw it.
- Ask about keeping trucking records. Trucks and trucking companies may have electronic logs, vehicle data, maintenance files, dispatch messages and camera video, and some records may be kept only for a limited time.4 A lawyer may be able to ask that they be preserved before they're lost.
- Don't sign for the trucking company's insurer. Get advice first.
Where Truck Crashes Happen Around Mount Pleasant
Dump trucks and building crews work on new neighborhoods north of town, delivery trucks pull in and out of lots along Johnnie Dodds and the frontage roads, and tractor-trailers use I-526 and the Wando bridges. Crashes can happen at merges, wide turns and work zones.
How Truck Claims Differ From Car Claims
Truck cases can involve rules and evidence that don't come up in a regular car wreck. Depending on the truck and its operation, federal or state safety rules may cover 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 loading company or someone else may share responsibility if what they did contributed to the crash.6 Sorting that out takes a look at the facts and the evidence.
Trucking companies may hold evidence you can't get on your own:
- Electronic logging and hours-of-service records
- Engine or event data, when it exists
- Hiring, licensing and training files on the driver
- Inspection, maintenance and repair records
- Dispatcher texts, location tracking and dash or cab cameras
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 injury suits in South Carolina have to be filed within three years.1 That's a deadline for court, and talks with the trucking company's insurer don't pause it.3
Tort Claims Act suits generally must be filed within two years, though a qualifying verified claim may extend that to three years.7 Special rules and damage limits may also apply.8
The statewide page covers truck accident claims. For a crash with a regular car, see Mount Pleasant car accidents.
Talk With Us
A loaded tractor-trailer or dump truck can do terrible damage to a car and the people in it. We start by listening to what happened and how you're doing. If you hire us, the insurers can usually deal with us, and we talk honestly about your options.
We take cases across South Carolina, including Mount Pleasant and the islands. Our office is on King Street in downtown Charleston.
Walk us through the crash and we can go over it together.
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 is my truck crash claim worth?
Fault, the severity of the injuries, the coverage on the truck and how well losses are documented all shape it. Damages may include medical bills, future care, lost income, reduced earning capacity, pain and suffering and other losses South Carolina law recognizes.9 Projecting future care for a serious injury sometimes takes testimony from doctors and economists. No result can be promised.
The truck that hit me was doing work for the town or county. Does that matter?
It can. Town, county and state trucks can bring the Tort Claims Act into play.2 Under that Act, suits generally have two years, or three years after a qualifying verified claim.7 Special liability rules and damage caps may apply.8 A private contractor's truck on a road job isn't necessarily a government vehicle, so ownership matters.
The truck had no company name I could read. What should I bring when I call?
Bring what you have: the crash report, photos of the truck and any DOT number, insurance letters and medical bills. Missing pieces are fine. A lawyer can help request records you don't have yet.
Do I have to come downtown?
No. The first conversation can happen by phone. Our office is on King Street in downtown Charleston if you'd like to meet later. If travel is hard, we can come to you instead: the hospital, your home or wherever is easiest.
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.
