Who Can Be Sued for Truck Accidents in South Carolina?
Truck accident liability in South Carolina is a complex issue, as many parties might be responsible for the crash. Depending on the cause of the truck accident, the driver, trucking company, maintenance providers, or others could all be liable. It’s your lawyer’s job to identify who you can sue.
What Evidence is Used to Prove Fault for a Truck Accident?
South Carolina truck accident lawyers review many types of evidence to determine who’s responsible for a collision. Some evidence your truck accident attorney at Elrod Pope Accident & Injury Attorneys might examine includes the following:
- Black box data – Most modern trucks have on-board devices that record the vehicle’s speed, direction, and engine performance. This data can help demonstrate if the driver took appropriate action leading up to the crash.
- Witness statements – Eyewitness accounts may reveal that the truck driver was on the phone, snacking, speeding, or otherwise driving carelessly.
- Police reports – Officers responding to truck accidents often give their opinion of who caused the collision in their official accident report.
- Medical documentation – Medical records can help illustrate the angle of impact and other details of the crash that might indicate who’s responsible.
- Expert testimony – Expert witnesses can testify about details of the collision and give their opinion of who’s liable.
Could Multiple Parties Be Liable for a South Carolina Truck Accident?
It’s common for multiple parties to share liability for a South Carolina truck accident. For instance, suppose a truck driver rear-ended someone while distracted, but they also had trouble stopping in time due to brake failure.
If the truck’s brakes failed due to a mechanical defect or poor maintenance, the truck’s manufacturer or a maintenance provider might share liability for the accident.
What Are Some Common Types of Truck Accidents?
The type of truck accident often indicates who is liable for the collision. Some common types of South Carolina truck crashes include the following:
- Jackknife accidents – Often the result of poor handling by the truck driver
- Underride and override collisions – Can happen due to driver error or poor maintenance
- Rollover accidents – Typically occur when drivers take turns too quickly or lose control
- Blind spot (no-zone) accidents – Truckers who don’t check their blind spots before turning or merging can collide with other drivers
- Wide-turn accidents – Wide turns can cause collisions if truck drivers aren’t careful
- Brake failure accidents – Poor maintenance or defective components can cause brake failure collisions
- Tire blowout crashes – Blowouts are frequently the result of manufacturer defects or subpar maintenance
- Cargo spills and falling debris – Failure to properly secure cargo can cause it to spill onto the road.
What Are Some Causes of Truck Accidents in South Carolina?
It’s easier to identify who’s liable for a South Carolina truck accident if you understand what caused the crash. Some examples of negligence that frequently cause truck collisions include the following:
- Distracted driving – Distracted truck drivers can miss nearby vehicles or other hazards when they text, eat, use a GPS, or allow other distractions to keep their attention off safe driving.
- Fatigued driving and hours-of-service violations – Federal Hours-of-Service rules exist to prevent driver fatigue, which significantly increases the likelihood of collisions.
- Speeding and aggressive driving – Aggressive truck drivers can easily lose control and collide with other cars.
- Driving under the influence – Drugs, alcohol, and some prescription drugs can affect truck drivers’ concentration, judgment, and perception.
- Failure to maintain proper lane position – A truck that drifts out of its lane might collide with another nearby vehicle.
- Inadequate training or experience – Many trucking companies don’t make sure their drivers have the proper training and experience to handle large commercial trucks.
- Reckless driving behaviors – Tailgating, brake-checking, and other reckless behaviors can easily cause truck crashes.
- Negligent hiring practices – Trucking companies sometimes hire drivers with DUI convictions or they otherwise violate safety issues when hiring.
- Failure to supervise drivers – Trucking companies must monitor their drivers for unsafe behaviors, but many businesses fail to do so.
- Pressuring drivers to violate hours-of-service rules – Even when truckers know they should stop and rest, their employers might push them to keep going in violation of regulations.
- Poor maintenance policies – Subpar maintenance policies can cause truck components to wear out and fail, leading to collisions.
What Insurance Are Trucking Companies Required to Carry?
State and federal laws specify the minimum liability coverage trucking companies must provide for their drivers and vehicles. Under federal trucking regulations, the minimum liability coverage amounts are the following:
- $300,000 for for-hire property carriers hauling non-hazardous goods in vehicles weighing under 10,001 pounds
- $750,000 for for-hire property carriers hauling non-hazardous goods in vehicles weighing 10,001 pounds or more
- $1,000,000 for for-hire carriers transporting specific hazardous materials
- $5,000,000 for for-hire and private carriers transporting explosives, poison gas, or radioactive materials
- $750,000 for for-hire carriers of household goods (vehicles at or above 10,001 pounds)
- $1,500,000 for for-hire passenger carriers transporting 15 or fewer people
- $5,000,000 for for-hire passenger carriers transporting 16 or more people.
What Compensation Could Be Sought for My Damages from the South Carolina Truck Accident?
How much compensation you can recover after a South Carolina truck accident depends on the extent of your injuries, lost income, and other factors specific to the crash. Your truck accident claim can include compensation for the following:
- Current and future medical expenses related to the accident
- Lost income and reduced future earning potential
- Pain and suffering
- Emotional distress
- Damaged personal property, such as vehicle repair/replacement.
Will That Compensation Be Affected If I Was Partly Responsible for the Accident?
You might still qualify for compensation through a truck accident lawsuit even if you are partly responsible for a truck accident. South Carolina law allows accident victims to recover compensation at trial so long as the court finds their percentage of fault for their injuries to be 50 percent or less.
However, in these circumstances, the victim’s compensation is reduced by their percentage of fault. As an example, if you are 10 percent responsible for the crash, you lose 10 percent of your compensation.
How Long Do You Have to File Your Trucking Accident Lawsuit in South Carolina?
According to the South Carolina Code of Laws, you usually have three years from the crash date to file a truck accident lawsuit. However, it’s best to contact a truck accident lawyer as soon as possible after the crash. Key evidence can disappear or deteriorate quickly, and contacting a lawyer right away gives them more time to build your case without deadline pressures.
Contact a South Carolina Truck Accident Lawyer
With over 45 years of experience serving South Carolina residents, the truck accident lawyers at Elrod Pope have the proven results and exceptional client reviews you’re looking for. Call our law firm today or complete our contact form for a free consultation. Your case review is fully confidential, and you will pay nothing unless we successfully resolve your matter.
