The South Carolina Department of Public Safety (SCDPS) reports that there were nearly 6,700 semi-truck accidents statewide in 2022 alone. As a fully loaded commercial truck can weigh as much as 80,000 pounds, a crash can cause terrible injuries. It is imperative that truck accident victims are able to access the maximum available financial compensation.
This raises an important question: Who is liable in a truck accident? In South Carolina, the answer depends on the specific circumstances of the crash. All negligent parties can be held legally responsible. Within this article, our Lexington semi-truck accident attorney provides a comprehensive guide to who can be held liable for a tractor trailer crash in South Carolina.
An Overview of Truck Accident Liability in South Carolina
South Carolina is a fault-based motor vehicle accident state, including for semi-truck crashes. The party responsible for a commercial truck accident can be held liable for the resulting damages. To be clear, that means that the trucking company is not automatically responsible.
You must prove that their negligence, failure to take reasonable care, was a factor in causing your crash. For example, if a trucker was undertrained, that is negligence by the trucking company. If their lack of training and experience caused the crash (even partially), they can be held liable.
Know the Parties Who May Be Liable for a Commercial Truck Accident in South Carolina
Eighteen-wheeler accident claims are complicated. One of the key issues is that several different parties may potentially bear legal responsibility for a crash. You may have a tractor-trailer accident claim against one or more of the following defendants:
- The Truck Driver: A significant share of truck accidents are caused by driver error. For that reason, the truck driver is often the first party investigated after a crash. If they were speeding, fatigued, distracted, or violating traffic safety laws, they could be held directly liable for the crash:
- The Trucking Company (Carrier): The company that owns the truck or employs the driver can also often be held liable. If the company failed to properly train its drivers, imposed unsafe delivery schedules, or ignored safety concerns, it may bear responsibility. Beyond that, carriers are required to maintain trucks in roadworthy condition.
- Truck Maintenance/Repair Company: Many carriers outsource maintenance to third-party repair shops. If a mechanical failure, such as faulty brakes or a worn-out tire, caused the accident, the company that serviced the truck could be liable. A failure to detect or properly fix a known issue could be negligence.
- Truck Manufacturer or a Parts Manufacturer: If a defect in the truck or one of its components caused the crash, the manufacturer may be liable under product liability law. Some examples include defective tires, brakes, steering systems, or other critical safety parts. These are strict liability cases in South Carolina.
- Cargo Loader or Cargo Shipping Company: Improper loading of cargo can shift weight, destabilize the trailer, or cause rollovers and jackknife accidents. If the cargo was not properly secured, or if the trailer was overloaded, the party responsible for loading may be liable. These companies must follow federal cargo security regulations.
- Government Entities or Road Contractors. While much less common, there are cases in which a government entity or highway road contractor may be liable for a truck accident. Issues like poor road design, maintenance, or temporary construction hazards may be a contributing factor.
Every Serious Eighteen-Wheeler Crash Requires a Thorough Investigation
Every serious commercial truck accident must be followed by a comprehensive investigation. While police and insurance companies will generally investigate a serious truck accident, injured victims should not rely on them to protect their best interests. You need an experienced South Carolina truck accident attorney on your side. A thorough investigation helps uncover negligence, preserve essential documentation, and build a strong compensation case.
What to Know About Comparative Negligence and Truck Accidents in SC
There are cases in which a victim may be held partially responsible for their crash. These can be challenging legal claims to navigate. South Carolina follows a modified comparative negligence standard for motor vehicle crashes, including for commercial truck accidents. Under the rule, a truck accident victim can still recover financial compensation even if they were partially at fault for the crash, so long as their share of fault does not exceed 50 percent.
However, the victim’s recovery will be reduced proportionally to their degree of blame for the crash.
For example, imagine that you were found 25 percent responsible for a truck accident in Lexington.
If you suffered $40,000 in damages, you would be liable for $10,000 (25 percent) of your losses.
Every percentage point of fault matters. Being unfairly held liable for a crash can dramatically reduce your settlement or trial verdict.
How Our South Carolina Truck Accident Lawyer Can Help You Prove Liability
Truck accident claims are complicated. Unfortunately, it can often be challenging to determine liability, particularly so if the trucker or trucking company is trying to fight back. You do not have to take on the process alone. At Smith & Jones Law, LLC, we are a boutique law firm that is always prepared to go the extra mile for our clients. With a proven record of case results, our South Carolina truck accident attorneys are ready to investigate your case, gather relevant evidence, and help you prove liability so that you can secure the maximum financial compensation.
Contact Our South Carolina Semi-Truck Accident Lawyer for a Free Case Review
At Smith & Jones Law, LLC, our South Carolina eighteen wheeler accident attorney invests time, resources, and attention to small details into each and every case that we take on. Our firm believes that victims and families need justice and maximum compensation.
Contact us today for a free, no-obligation consultation with a top attorney. From our offices in Lexington and Mauldin, we handle truck accident injury claims throughout the surrounding region in South Carolina.