Were you involved in a serious tractor-trailer crash in Columbia or elsewhere in the region? You need full and fair financial compensation for your injuries. Bringing a successful truck accident injury claim starts with establishing liability. Who is responsible for a truck accident? In South Carolina, the at-fault party can be held liable for the crash. Here, our Columbia semi-truck accident attorney provides a comprehensive guide to liability in South Carolina.
South Carolina is a Fault-Based Truck Accident State
In South Carolina, truck accident liability is based on fault. The party—truck driver or otherwise—who is responsible for causing an accident through carelessness or recklessness can be held legally liable for the resulting damages. Every serious accident should be fully investigated by an experienced attorney. Evidence is the key to proving fault. Examples of evidence include:
- Your account;
- Photographs;
- Videos;
- The police report;
- Witness statements; and
- Expert analysis.
Many Parties May Bear Responsibility for a Truck Accident
Modern commercial trucking operations are complex. There are often many different parties who are involved in trucking. Of course, that means that things can go wrong during any stage of the process. Some examples of parties that may be responsible for your truck accident include:
- Truck Driver: The truck driver can be held responsible if the accident resulted from their negligence, such as speeding, fatigue, distracted driving, or impaired driving. Drivers must follow all local, state, and federal safety regulations. A significant number of commercial truck accidents are caused by negligent truckers.
- Trucking Company: Beyond that driver, trucking companies may also be liable under the legal principle of “respondeat superior.” That doctrine generally holds that employers are responsible for their employees’ actions within the scope of their employment. They can also be directly liable for poor hiring practices, improper training, and other negligence.
- Cargo Loaders: The parties responsible for loading the truck’s cargo can be liable if improper loading contributes to an accident. When cargo is not properly secured, it can cause shifts in weight or spills that result in the truck losing balance or debris falling onto the roadway. If an investigation reveals that cargo issues were a factor in an accident, the cargo loading company could be held legally accountable.
- Truck Manufacturers: If a truck accident was caused by a vehicle defect, such as faulty brakes, steering components, or tire failure, the manufacturer could be held liable. These are product liability cases. Notably, South Carolina holds manufacturers—including vehicle manufacturers—strictly liable for harm caused by product defects.
- Maintenance Providers: Companies tasked with the maintenance of trucks can be held liable if their failure to properly inspect, maintain, and repair trucks leads to an accident. Routine maintenance is critical to truck safety. If a maintenance provider’s negligence is found, they can be liable for damages stemming from the accident.
What is Comparative Negligence?
South Carolina follows a comparative negligence rule for truck accidents—as well as other types of personal injury claims. Under the rule, each party involved in an accident is assigned a percentage of fault based on their contribution to the incident. A victim’s compensation will be reduced by their percentage of fault. For example, if a victim is found to be 20 percent at fault for an eighteen-wheeler accident in Columbia, their compensation will be reduced by 20 percent. Imagine you suffered $60,000 in total damages. If you were 20 percent at fault, your recovery would only be for $48,000. You would bear liability for $12,000 of your losses.
Caveat: South Carolina is a modified comparative negligence state. Injured victims are strictly barred from recovering compensation through a fault-based claim if they are found to be responsible for 51 percent or more of their accidents.
Know the Statute of Limitations (Truck Accidents)
Truck accident injury claims are time-sensitive. Under South Carolina law (S.C. Code § 15-3-20), there is a three-year statute of limitations for personal injury claims, including tractor-trailer accident cases. Only very narrow exceptions apply to this all-important legal filing deadline. You do not want to fall behind in the claims process: Speak to a Columbia, SC tractor-trailer accident attorney as soon as possible after a bad crash. An investigation can start right away.
Recovering the Maximum Compensation After a Truck Accident
In South Carolina, truck accident victims have the right to seek compensation for the full value of their damages, including for things like non-economic losses. To get the absolute maximum compensation, you must be able to prove liability. Do not rely on any insurance company to look for your best interests. You may be entitled to recover compensation for:
- Property loss, including vehicle repairs;
- Ambulance service and emergency services;
- Hospital bills and other health care costs;
- Physical therapy and rehabilitative treatment;
- Loss of wages and diminished hearing power;
- Pain and suffering & mental distress; and
- Wrongful death of a family member.
Why Trust South Carolina Truck Accident Lawyer Christopher R. Hart
Truck accident claims are complicated. Liability is a big issue in these cases. You must be able and ready to hold the at-fault party—whether a trucker, trucking company, or anyone else—responsible for a crash. Our team can help. With proven leadership in law and a strong record of client testimonials, Christopher R. Hart is a top-rated South Carolina truck accident lawyer. Attorney Hart is ready to invest the time, resources, and attention to detail to investigate your crash and gather all of the evidence that you need to prove fault and establish liability.
Contact Our Columbia Commercial Truck Accident Attorney Today
At Hart Law, our Columbia semi-truck accident lawyer is an aggressive and experienced advocate for justice. Do not go it alone. If you or your loved one was involved in a serious crash, we are here to help. Contact us today for a free, no-obligation case review. With an office in Columbia, our team represents truck accident claims throughout South Carolina.