Understanding South Carolina Truck Accident Liability

At McGowan, Hood, Felder & Phillips, we know that getting into a truck accident can turn your life upside down. If you or a loved one has been injured in a South Carolina truck accident, you might be wondering: Who is responsible? How do I get compensation for my medical bills and lost wages? Truck accident liability can be complex, but we’re here to break it down in simple terms.

Who can be held liable for a truck accident?

Truck accidents often involve multiple parties, unlike regular car accidents. Determining liability means demonstrating who was responsible for the crash. Here in South Carolina, the following parties could be held liable:

• If the truck driver was distracted, fatigued, intoxicated, or driving recklessly, they can be held responsible for the accident.
• The trucking company can be held liable if it failed to properly train drivers, forced drivers to work long hours, or did not maintain its trucks properly.
• If the truck or one of its parts was defective, the company that made it may be responsible.
• Some trucking companies hire outside businesses to service and inspect their vehicles. If a maintenance provider failed to do their job, they could be held accountable.
• Improperly loaded cargo can cause a truck to become unbalanced and lead to a crash. If a separate company loaded the truck, it could be held liable for the accident.

What are the common causes of truck accidents in South Carolina?

Truck accidents can happen for a wide variety of reasons, but some of their most common causes include:

• Truck drivers are often under pressure to meet deadlines, which can lead them to drive long hours without proper rest.
• Just like any other driver, truck drivers can be distracted by their phones, GPS, or eating while driving.
• Large trucks need more time to stop. If a driver is speeding or tailgating, they might not be able to stop in time to avoid a crash.
• Faulty brakes, worn-out tires, or engine problems can cause a truck to lose control and cause an accident.
• Rain, fog, and ice can make it harder for a truck to stop or maneuver in a safe manner.

What should I do after a South Carolina truck accident?

If you’ve been in a truck accident, taking the right steps can help protect your health and legal rights:

• Call 911. Always report the accident to the police. They will create an official report, which can be helpful later.
• Even if you feel fine, some injuries take time to appear. Get yourself checked out by a doctor for hidden injuries.
• If you are able, take pictures of the accident scene, your injuries, and any vehicle damage.
• Collect the names and insurance details of all parties involved, as well as any witnesses.
• Avoid speaking to the insurance company. Insurance adjusters may try to get you to settle quickly. It’s best to talk to a lawyer first.
• Call the truck accident lawyers at McGowan, Hood, Felder & Phillips. Our experienced truck accident attorneys can help you understand your legal options and fight for the compensation you deserve.

What are South Carolina’s trucking laws?

South Carolina follows both state and federal laws when it comes to trucking regulations. Some key laws include:

• Truck drivers must follow limits on how long they can drive to prevent fatigue-related accidents. These are called hours of service
• Trucks must not exceed certain weight limits to avoid overloading, which can make them harder to control.
• Truck drivers must undergo regular drug and alcohol testing to ensure they are sober while driving.
• Trucking companies must regularly inspect and maintain their vehicles to keep them safe on the road.

Violating these laws can make a trucking company or driver liable for an accident.

How is liability determined in a truck accident case?

In South Carolina, liability in a truck accident case is determined by negligence. This means proving that someone acted carelessly and caused the crash. To do this, you need to show:

• Duty of care – The responsible party had a duty to drive safely and follow the rules.
• Breach of duty – They failed to meet this duty (for example, a driver was texting while driving).
• Causation – Their actions directly caused the accident.
• Damages – You suffered injuries or financial losses because of the accident.

What is the value of my South Carolina truck accident claim?

If you were injured in a truck accident, you may be entitled to compensation for:

• Medical bills, including your hospital stays, surgeries, therapy, and future medical costs.
• If you missed work due to your injuries, you can recover lost income.
• Pain and suffering, which includes your physical pain, emotional distress, and reduced quality of life.
• If your car was damaged or totaled, you can seek repair or replacement costs.
• If a loved one was killed in a truck accident, the family may be able to file a wrongful death

Why do I need a South Carolina truck accident lawyer?

Truck accident cases are more complicated than regular car accidents. Trucking companies have powerful legal teams and insurance companies that will try to pay you as little as possible. Having an experienced truck accident lawyer on your side can make a big difference in your case.

At McGowan, Hood, Felder & Phillips, we can:

• Investigate your accident and gather crucial evidence.
• Identify all liable parties.
• Handle negotiations with insurance companies.
• Take your case to court if necessary.

Remember, in South Carolina, you have three years from the date of the accident to file a personal injury lawsuit. However, waiting too long can make it harder to gather evidence and build a strong case.

If you or a loved one has been injured in a South Carolina truck accident, don’t try to handle it alone. Contact McGowan, Hood, Felder & Phillips today for a free consultation. Let us fight for the compensation you deserve while you focus on healing. To set up your free consultation, call our offices or fill out our contact form. We are here to help.