After a Truck Crash in Spartanburg County
Treatment comes first. A relative or friend can handle the report and the phone calls while you're admitted.
- Get treated. For serious injuries, call 911 and go where EMS recommends. Describe the crash to every provider, and keep records of follow-ups and rehab.
- Find out who has the report. Wrecks on I-85 and I-26 are often worked by the Highway Patrol; elsewhere it may be Spartanburg Police, the Sheriff's Office or a town department. Ask how to request a copy.
- Photograph the rig. Cab, trailer, company name, the DOT number on the door and every plate.
- Note what you can. Trucking company, driver's name, the cargo if visible and where the truck was headed.
- Get witnesses. Other drivers who pulled over may have seen it all.
- Ask about keeping trucking records. Electronic logs, engine data, maintenance files, dispatch messages and camera footage may matter. Some trucking records may be kept only for limited periods, and federal rules generally require carriers to keep certain duty-status records for six months.4 Sending a written hold request early, often through a lawyer, may help keep them from disappearing.
- Hold off on signing. Many people get legal advice first.
Why Truck Cases Differ From Car Wrecks
Big-rig crashes can involve evidence and rules that a fender-bender between two cars never would. Depending on the truck and its operation, federal or state safety regulations may govern driver qualifications, hours of service, inspections, maintenance and cargo securement.5
A truck accident claim may involve more than the driver. Depending on the circumstances, the motor carrier, a maintenance provider, a cargo-loading business or another party may share responsibility if its conduct contributed to the crash.6 Pinning that down can mean digging into contracts, bills of lading and maintenance logs.
Records the trucking side may hold include:
- The ELD printout showing driving and rest hours
- Whatever the truck's computer recorded about speed and braking
- The driver's hiring, licensing and training paperwork
- Inspection, maintenance and repair records
- Dispatcher texts, location pings and forward-facing camera clips
Filing Deadlines
Most personal injury claims in South Carolina must be filed within three years.1 That's a deadline for filing suit, and back-and-forth with the carrier's insurer doesn't pause it.3
Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years after the loss was or should have been discovered, and a three-year deadline may apply if a qualifying verified claim was first filed.7 South Carolina generally limits recovery against government entities under the Tort Claims Act, and special rules may apply.8
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
A collision with a loaded tractor-trailer often means serious injuries. We start with what happened and how you're doing. If you hire us, the insurers can usually deal with us, and we'll be honest about your options.
We take cases across South Carolina, including Spartanburg County. For severe injuries, see catastrophic injuries in Spartanburg. If it was a passenger car, see car crash claims in Spartanburg, or the statewide page on truck accident claims.
Call and tell us about the truck and 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
How much is a truck wreck case worth?
No two are alike; blame, injuries, coverage and documentation all drive it. 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.9 Long-term needs may call for medical and financial expert witnesses. Nobody can promise a particular result.
The truck belonged to the county. Does that change things?
It can. Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter.2 Lawsuits under the Act generally must be filed within two years, and a three-year deadline may apply if a qualifying verified claim was first filed.7 Special liability rules and damage limits may also apply.8 A dump truck on a state road project might belong to a private contractor, so the owner's identity matters.
What should I have handy when I call?
Anything you've got: the report, pictures of the rig and its DOT number, the company name painted on the door, insurer letters and medical bills. Gaps are fine; records can be requested later.
Can I start by phone from Spartanburg?
The first conversation can happen by phone. Our office is on King Street in Charleston.
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.
