First Steps After a Truck Crash in North Charleston
Care first. A relative can make the calls.
- Call 911. Follow EMS advice.
- Keep every follow-up record.
- Ask who worked the crash. On I-26 and I-526, often the Highway Patrol.
- Photograph the cab, trailer and DOT number.
- Note the company, driver and cargo.
- Get witness numbers.
- Ask early about preserving truck data.
- Sign nothing yet.
Some trucking records may be kept only for limited periods under applicable regulations or company practices.5
Truck Traffic in North Charleston
Container haulers run between the port terminals and I-26 by way of Port Access Road and the old Navy base interchanges. Tractor-trailers feed the warehouses along Palmetto Commerce Parkway, and box trucks crowd Rivers Avenue, Ashley Phosphate Road and Dorchester Road. In North Charleston, big rigs and commuters share the same merge lanes all day.
South Carolina Law on Truck Crashes
What's Different About Trucks
The Federal Motor Carrier Safety Regulations 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 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
Records a carrier may hold:
- Driving logs and hours of service
- Engine or event data
- Driver files
- Maintenance and repair records
- Dispatch, GPS and camera video
Time to File
Most personal injury claims in South Carolina must be filed within three years.2 Negotiating with an insurance adjuster does not stop the statute of limitations from running.4 Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years after the loss was or should have been discovered.7 South Carolina generally limits recovery against government entities under the Tort Claims Act.8
Our statewide page explains how truck crash claims work.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
Big-rig crashes tend to leave serious injuries. Tell us what happened and how you're holding up. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including North Charleston. Our office is on King Street in downtown Charleston. A regular car instead? See our North Charleston car accident page.
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
- 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.3
- 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.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's my case worth?
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, and no particular recovery can be promised.9
The truck belonged to the county. Does that change things?
It can. Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years, and a three-year deadline may apply if a qualifying verified claim was first filed under the Act.73 South Carolina generally limits recovery against government entities under the Tort Claims Act.8 Not every truck doing public work is government-owned.
What should I have handy when I call?
Anything. The report, truck photos, the DOT number, the company name, insurer letters, medical bills. Gaps are fine.
Do I have to come downtown to talk?
The first conversation can happen by phone. Our office is on King Street in downtown Charleston, south of North Charleston by way of I-26 or Rivers Avenue. Getting downtown isn't always easy, so we can also meet at the hospital, your home or another spot that suits you.
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 §§ 15-78-110 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
- 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.
