Truck accident claims in South Carolina can be more complicated than typical car accident cases. A crash may involve a truck driver, a trucking company, a cargo loading company, a maintenance provider, or other parties. Federal trucking regulations, commercial insurance policies, and large amounts of technical evidence can also affect how a claim is investigated and resolved.
Understanding these differences can help injured people know what to expect after a collision with a commercial truck.
Why Are Truck Accident Claims More Complicated Than Car Accident Claims?
Most car accident claims focus mainly on the drivers involved. Truck accident cases can require a broader investigation because several people or businesses may have contributed to the crash.
Potentially responsible parties may include:
- The truck driver
- The trucking company or motor carrier
- A company that loaded or secured the cargo
- A maintenance or repair provider
- The owner of the truck or trailer
- A manufacturer of a defective vehicle or part
Determining who may be responsible often requires reviewing contracts, company records, maintenance records, and other evidence that may not be available in an ordinary passenger-vehicle case.
Federal Trucking Regulations May Affect the Claim
Commercial trucking is heavily regulated. Many interstate motor carriers and drivers must comply with rules enforced by the Federal Motor Carrier Safety Administration (FMCSA).
For example, federal hours-of-service rules limit how long many property-carrying truck drivers may drive before resting. In general, an eligible property-carrying driver may drive for up to 11 hours after 10 consecutive hours off duty and may not drive beyond the 14th consecutive hour after coming on duty.
These rules are designed in part to reduce fatigue-related risks. Other federal requirements may address vehicle inspections, maintenance, driver qualifications, drug and alcohol testing, cargo, and recordkeeping.
A violation does not automatically establish liability for a crash. However, regulatory records can be important evidence in determining how an accident occurred.
Truck Accident Cases Can Involve More Evidence
Truck accident investigations often involve records that are not commonly available in passenger vehicle crashes.
Depending on the facts, relevant evidence may include:
- Electronic logging device records
- Driver qualification files
- Hours-of-service logs
- Vehicle inspection and maintenance records
- Dispatch records
- Cargo and loading documents
- Dashcam or surveillance footage
- Electronic data from the truck
- Drug and alcohol testing records
Some records may be kept only for specified periods. Prompt investigation can therefore be important to identify and preserve evidence before it is lost or routinely destroyed.
Commercial Trucks May Carry Larger Insurance Policies
Insurance can also make truck accident claims different. Federal financial responsibility rules require many interstate for-hire property carriers operating vehicles weighing 10,001 pounds or more to maintain at least $750,000 in public liability coverage when transporting non-hazardous property. Higher minimums apply to certain hazardous materials.
However, an insurance policy limit does not determine what a case is worth. The value of a claim depends on factors such as liability, the severity of the injuries, financial losses, available evidence, and other sources of compensation.
Multiple insurance policies may also apply when more than one company is involved.
What Compensation Is Available After a South Carolina Truck Accident?
A person injured because of another party’s negligence may be able to pursue compensation for losses caused by the crash.
Recoverable economic and non-economic losses may include:
- Medical expenses
- Future medical care
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Disability or disfigurement
- Loss of enjoyment of life
The amount available depends on the facts of the individual case rather than the size of the truck or the trucking company.
At Jamie Casino Injury Attorneys, we have 40 years of combined experience. Our managing attorney, Jamie Casino, has an 8.1 rating on Avvo. His case results include six- and seven-figure settlements and jury verdicts.
FAQ
How Long Do I Have to File a Truck Accident Lawsuit in South Carolina?
South Carolina generally gives injured people three years to file a personal injury lawsuit. Certain circumstances can alter the deadline, so the applicable limitations period should be reviewed based on the specific case.
Is the Trucking Company Always Responsible for a Truck Accident?
No. Liability depends on what caused the crash and the relationships between the parties involved. The driver, carrier, maintenance company, cargo loading company, manufacturer, or another party may bear some responsibility.
What if the Truck Driver Violated Hours-of-Service Rules?
A violation may be relevant evidence in a negligence claim, particularly if driver fatigue contributed to the collision. It does not automatically prove that the driver or trucking company caused the crash.
Can More Than One Company Be Liable for a Truck Accident?
Yes. Some truck crashes involve several potentially responsible parties, such as a motor carrier, a maintenance contractor, a cargo loading company, or a vehicle manufacturer. Each party’s role must be evaluated based on the evidence.
Should I Accept the Trucking Company’s Insurance Offer?
A settlement generally ends the claim against the parties covered by the release, so its terms should be reviewed carefully. The full extent of injuries, future care, lost income, and other damages may not be clear immediately after a serious collision.
Contact a South Carolina Truck Accident Lawyer at Jamie Casino Injury Attorneys for Help
Truck accident claims can involve federal regulations, several potential defendants, extensive records, and commercial insurance coverage. If you hire an attorney, they can help you investigate the collision, identify potentially responsible parties, preserve evidence, and evaluate the damages caused by the crash.
Call a South Carolina truck accident lawyer at Jamie Casino Injury Attorneys to schedule a free consultation today.
