What to Do After a Truck Accident in South Carolina
Medical care comes first. While you're in the hospital, a relative or friend can take care of the report and the calls.
- Get medical attention. Call 911 for serious injuries or emergencies and follow EMS recommendations about transportation and treatment. Tell healthcare providers about your symptoms and the crash, and keep records of follow-up visits, rehabilitation, and other care.
- Request the report. Find out which agency responded and ask it how to request the report.
- Photograph the truck. Someone can take pictures of the cab, the trailer, any company name, the DOT number on the door and the license plates.
- Write down the details. Note the trucking company, the driver's name, the cargo if you can tell and where the truck was headed.
- Find witnesses. Get names and phone numbers of anyone who saw what happened.
- Ask about preserving trucking records. Commercial trucks and trucking companies may have electronic driving logs, vehicle data, maintenance records, dispatch messages, and camera footage relevant to the crash. Some records may not be kept indefinitely.4 A lawyer can take steps to request preservation of potentially important evidence before it is lost.
- Take your time before signing anything. Many people get legal advice first.
How Are Truck Accident Claims Different From Car Accident Claims?
Truck accident cases can involve evidence and legal responsibilities that do not arise in an ordinary car crash. 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 claim may involve more than the driver. The trucking company, a maintenance provider, a cargo-loading business, or another party may share responsibility if its conduct contributed to the crash.6 Determining who is legally responsible requires examining the circumstances and the evidence.
Trucking companies may have evidence that an injured person cannot get on their own, such as:
- Electronic logging device records and hours-of-service information
- Engine control module or event data recorder information, when available
- Driver qualification and training records
- Inspection, maintenance and repair records
- Dispatch communications, GPS information and available camera footage
How Long You Have to File
South Carolina gives most people three years to file a personal injury lawsuit.1 The deadline is for filing suit in court, and back-and-forth with the trucking company's insurer does not pause it.3
Claims under the South Carolina Tort Claims Act generally must be filed within two years, although a qualifying verified claim may extend the period to three years.7 Special rules and limits on damages may also 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 crash with a tractor-trailer or work truck often causes serious injuries. We start by listening to what happened and how you are doing. If you hire us, the insurers can usually deal with us. We talk with you honestly about your options.
The firm is based in Charleston and takes truck accident cases across South Carolina. If your injuries are severe, read about catastrophic injury claims. If your crash involved a regular passenger car instead, read about car accident claims in South Carolina.
Walk us through the truck crash, and we can talk through the facts with you.
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 accident case worth?
The value of a claim depends on factors including who was at fault, the severity of the injuries, available insurance coverage, and the evidence of losses. Recoverable damages may include medical expenses, future treatment, lost income, reduced earning capacity, pain and suffering, and other losses recognized by South Carolina law.9 Serious injuries may require medical and financial expert witnesses to estimate long-term needs. No particular recovery can be promised.
What if the truck driver worked for a city or county?
A crash involving a government-operated truck may be subject to the South Carolina Tort Claims Act.2 These claims generally have a two-year filing deadline, although a qualifying verified claim may extend the period to three years.7 Special rules concerning liability and damages limits may also apply.8 Identifying who owned and operated the truck is important because not every vehicle performing public work is necessarily a government vehicle.
What should I bring when I talk to a lawyer?
Bring whatever you have. That may include the crash report, photos of the truck and its DOT number, the trucking company's name, insurance letters and your medical bills. Do not worry if you are missing pieces. A lawyer can help request records you do not have yet.
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.
