Who Can Be Held Liable in a Truck Accident in South Carolina?
Truck accident liability in South Carolina depends on who caused or contributed to the collision. Many people assume the truck driver is always at fault in truck accidents. However, the truth is that several parties may share responsibility.
If you have suffered injuries in one of these truck crashes, it will be important to consult with an experienced attorney in South Carolina who can help determine the potentially liable parties.
Understanding Liability in South Carolina Truck Accidents
South Carolina uses a fault-based system in truck accident claims. The person or business responsible for the crash may owe you compensation for your medical care, lost income, and the pain you’re dealing with due to your injuries.
Truck accident cases often involve multiple parties, such as the driver, the company that employs the driver and/or owns the truck, and the workers who loaded the cargo. Given the number of potentially liable parties, it may be challenging for you to determine liability. That’s why many truck accident lawsuits often name several parties, including the following:
Truck Driver
Commercial truck drivers must comply with strict federal and state regulations, including safety regulations set by the Federal Motor Carrier Safety Administration (FMCSA), state agencies, and other government entities.
When a driver makes a careless choice behind the wheel, they can be held responsible for the crash. A driver may be liable if they were speeding, texting (or otherwise engaged in distracted driving), driving while tired, ignoring traffic signs, or failing to check blind spots. These actions are risky for everyone on the road.
Sometimes, the challenge in determining liability is deciding whether the driver alone was responsible or whether their employer should share responsibility. Truck driver fault and trucking company fault can play a significant role in many truck injury claims.
Trucking Company
A trucking company may also be responsible due to its own negligence. Companies must train drivers, check their records, keep their trucks in safe working order, and ensure that their drivers follow federal safety rules, including regulations on proper inspections and vehicle maintenance. When a company fails to do these things, the risk of a crash increases.
A trucking company may also be liable if it pushed a driver to meet unrealistic deadlines, ignored safety complaints, or allowed a driver to continue working despite past violations. These decisions can also significantly increase the chances of a trucking accident.
Cargo Loader or Shipping Company
Cargo must be loaded correctly so the truck is balanced. If cargo loaders rush, overload the cargo, or fail to secure items, the cargo can shift during travel. A sudden shift in the cargo’s weight can cause the truck to tip over, jackknife, or slide into other lanes. The shipping company or loading team could be responsible if their cargo loaders improperly loaded goods and contributed to an accident.
Maintenance Companies and Repair Shops
Trucks need regular upkeep. Companies must inspect their tires, brakes, lights, coupling devices, and engines, and perform repairs. A maintenance company creates danger when it performs poorly or misses a clear problem. If worn brakes fail or a tire blows out because the repair team ignored warning signs, the maintenance crew should be liable. They have a duty to make repairs carefully and follow industry safety standards.
Truck and Parts Manufacturers (Product Liability)
Sometimes, the problem starts with a defective truck part. If a manufacturer poorly designs or incorrectly manufactures a truck or truck part, they may be liable in a product liability claim. Faulty parts often involve:
- Brake systems that fail
- Steering components that break
- Tires that fall apart without warning.
The manufacturer may owe compensation for injuries caused by the faulty equipment.
Other Potentially Liable Parties
Some truck crashes involve parties aside from those closely connected to trucking operations. For example, local governments may be responsible if dangerous road conditions contributed to the crash. A third-party contractor may share responsibility if they created hazards during road construction. Even other drivers on the road can be partially at fault if their actions forced the truck driver into a dangerous situation. Because truck accidents often involve several vehicles, multiple parties may share blame.
How Do You Investigate Liability in SC Truck Accident Cases?
Investigating a truck crash takes time and careful work. Evidence can disappear quickly, and trucking companies often act fast to protect themselves. A full investigation may include reviewing truck accident evidence such as the following:
- Black box data
- Driver logs, including hours-of-service records
- Dashcam or surveillance video
- Cargo loading documents
- Truck inspection and maintenance records
- Phone records and GPS data
- Witness statements
- Police reports
- Accident reconstruction findings.
These details will help show how South Carolina’s truck accident liability laws apply to your case. They also help strengthen your truck accident claim, especially when more than one party is involved.
How Can an Experienced Truck Accident Lawyer Help?
A South Carolina truck accident lawyer can play an important role after a crash, particularly when it comes to standing up for victims’ rights and helping them explore all their options for compensation.
A truck accident attorney from Elrod Pope Accident & Injury Attorneys can:
- Investigate your truck crash
- Preserve, collect, and analyze all available evidence
- Review medical records
- Calculate your losses
- Handle communication with insurance companies
- Work tirelessly to protect your legal rights.
At Elrod Pope Accident & Injury Attorneys, our goal is to pursue fair compensation for everything you’re facing. We understand how overwhelming a commercial truck crash can feel. You can count on a truck accident lawyer from our firm to support you throughout the legal process and your recovery.
Contact Our South Carolina Truck Accident Lawyers Today
Over the past 45 years, Elrod Pope Accident & Injury Attorneys has earned the trust of families across South Carolina and North Carolina. We are a family-oriented firm that truly listens to our clients and treats them with care. When you work with us, you are not just another case. You are part of our community and our family, and we take that responsibility seriously.
Our team serves clients from six offices in North and South Carolina. You can reach us at any time, day or night. We never charge legal fees unless we recover compensation for you. Please contact us today to receive a free consultation. We are here to help you understand your legal rights and move forward after a truck crash and seek the compensation you deserve.