What to Do After a Truck Crash Around Summerville
Medical care comes first. A relative or friend can make the calls and track down the report while you are in the hospital.
- Call 911 and let EMS decide where you go. Tell each provider how the crash happened, and keep every follow-up and rehab record.
- Find out which agency worked the crash. On I-26 it is often the Highway Patrol. Ask how to get the report.
- Get the truck's identity on camera: the carrier name painted on the door, the DOT number beneath it and the trailer's own markings.
- Write down the details: the carrier's name, the driver's name, the cargo if you could tell and where the truck seemed to be going.
- Get witness names and numbers.
- Ask early about trucking records. Electronic logs, engine data, maintenance files, dispatch messages and camera footage may exist, and some records may be kept only for limited periods; federal rules generally require carriers to keep certain duty-status records for six months.4 A preservation request can be made before they are lost.
- Wait before signing anything. Many people get legal advice first.
Trucks Around Summerville
Tractor-trailers run day and night on I-26 between the port, the warehouses and distribution centers around Ladson and Jedburg, and the manufacturing sites toward Ridgeville. Dump trucks and concrete mixers serve the new construction in Nexton, Cane Bay and Summers Corner, and delivery vans work every neighborhood. Many crashes happen in rush-hour backups, at merges near the interchanges and on two-lane roads not built for big rigs.
How Truck Cases Differ
Depending on the truck and its operation, federal or state safety rules may govern driver qualifications, hours of service, inspections, maintenance and cargo securement.5
More than the driver may be involved. Depending on the circumstances, the trucking company, a maintenance shop, a cargo loader or another party may share responsibility if its conduct contributed to the crash.6
Trucking companies often hold evidence an injured person can't get alone: electronic logging and hours-of-service data, engine or event recorder data, driver qualification files, maintenance records, dispatch messages, GPS data and camera footage.
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
South Carolina gives most people three years to file an injury lawsuit.1 The limit is for suing in court, and back-and-forth with the carrier's insurer doesn't stop 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 caps may also apply.8
The statewide page covers South Carolina truck accidents in more depth.
Talk With Us
Crashes with big trucks often cause serious injuries. We start by hearing what happened and how you are doing. If you hire us, the insurers can usually deal with us, and we are honest about your options.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Summerville. If the injuries are life-changing, see catastrophic injuries around Summerville.
Reach out and 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
Do I have to come downtown to meet?
No. The first conversation can happen by phone. Our office is on King Street in downtown Charleston. If the drive is hard right now, we can meet you at the hospital, at home or somewhere else that works for you.
What could my truck crash claim be worth?
It hinges on fault, how badly you were hurt, the insurance available and proof of your losses. Depending on the circumstances, a person injured in a crash may be able to seek medical expenses, future treatment, lost income, reduced earning capacity, pain and suffering and other losses recognized by South Carolina law.9 Serious cases may call for medical and financial expert witnesses to project future needs. No result can be promised.
The dump truck was doing county road work. Does that change things?
It may. A crash with a government-operated truck may fall under the South Carolina Tort Claims Act.2 Those suits generally must be filed within two years, though a qualifying verified claim may extend that to three years.7 Recovery against a government entity is generally capped, and punitive damages are not allowed.8 A contractor's truck on a public project is not necessarily a government vehicle, so ownership matters.
What should I gather before the first call?
Whatever is handy: the report number, photos of the truck and its DOT number, the company name on the door, insurer letters and medical bills. Don't let a missing paper hold up the call.
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.
