In the Days After
Get to the ER and let the doctors work. A spouse, a grown child or a friend can chase down the paperwork.
Call 911 and follow EMS about transport and treatment, then keep records of every follow-up and therapy visit. Find out which agency worked the crash and how to get the report. Someone can photograph the cab, the trailer, the company name, the DOT number on the door and the plates, and jot down the driver's name, the cargo and where the truck was headed. Get witness names and numbers. Trucks and trucking companies may hold electronic logs, vehicle data, maintenance files, dispatch messages and camera footage, and some of it isn't kept forever.4 Asking early that it be preserved can help. Many people get legal advice before signing anything.
Trucks and Buses on the Grand Strand
Tractor-trailers and box trucks bring supplies to hotels, restaurants and stores along US-17, Kings Highway and the Bypass. Dump trucks and concrete mixers serve the building boom in Carolina Forest and Socastee, and tour buses and shuttles carry visitors on US-501 and SC-22. All of it mixes with summer traffic that doesn't know the roads.
How a Truck Case Differs
Depending on the truck and how it was used, federal or state safety rules may govern driver qualifications, hours of service, inspections, maintenance and cargo loading.5 More than the driver may be involved: the motor carrier, a repair shop, a loading company or someone else may share responsibility if its conduct contributed.6
Federal rules generally require carriers to keep certain duty-status records for six months.4 Other evidence a carrier may hold includes driver training files, inspection and repair records, GPS data 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.
How Long You Have
For most injury suits, South Carolina allows three years from the crash.1 The deadline is for filing in court, and talks with the carrier's insurer won't pause it.3 A Tort Claims Act suit generally has two years, or three after a qualifying verified claim, and damage limits may apply.78
For more, see truck crash claims in South Carolina.
Talk With Us
When an eighteen-wheeler or tour bus hits a passenger car, the people in the car take the worst of it. Tell us what you remember and how recovery is going. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including Myrtle Beach and the Grand Strand. Our office is on King Street in Charleston. The first conversation can happen by phone.
For a crash with a regular car, see car wrecks in Myrtle Beach. 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?
No one can put a number on it at the start; fault, the severity of your injuries, the policies in play and the paper trail of your losses all feed in. Recoverable damages may include medical bills, future care, lost income, reduced earning ability, pain and suffering and other losses South Carolina law recognizes.9 No amount can be promised.
The dump truck belonged to the county. Does that change things?
It may. A crash with a government truck may fall under the Tort Claims Act.2 Those claims generally have two years, or three after a qualifying verified claim, and damage limits may apply.78 A truck with a county logo, or one hauling for a road project, could belong to a private contractor, so ownership has to be pinned down.
What should I gather for the first call?
Bring what's handy. A crash report, a phone picture of the door with the DOT number, the carrier's name, any adjuster letters and your bills are all useful. Missing pieces are fine; records can be requested later.
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.
