Truck accidents often leave behind more than just damaged vehicles. They cause life-changing injuries, financial stress, and long-term physical pain. On top of that, figuring out who’s legally responsible isn’t always simple.
At Johnson, Johnson, Whittle, Lancer, & Staggs, our Aiken truck accident lawyers understand the stress you face after a crash. These accidents often involve more than just one driver.
Trucking companies, cargo loaders, manufacturers, and even third-party drivers can all play a role. To help you understand your rights, we’ve outlined how liability works for a truck accident in South Carolina and who may be held responsible after a truck accident.
Understanding Liability in South Carolina
South Carolina follows an at-fault insurance system. This means the person or company responsible for the crash must pay for your damages. But what happens if you also share some blame?
That’s where the state’s comparative negligence law comes into play. As long as you’re less than 51% at fault, you can still recover compensation. However, the courts can reduce your payment based on your level of fault. For instance, if a court finds you 20% responsible, your compensation drops by 20%.
Potentially Liable Parties in a Truck Accident
Motor vehicle accident cases often involve more than one responsible party, depending on the facts of the truck accident in South Carolina. They may include:
The Truck Driver
Drivers carry a huge responsibility every time they hit the road. When they fail to follow South Carolina’s traffic laws or ignore safety rules, the results can be catastrophic. Negligent actions of truckers, such as speeding, reckless driving, distracted driving, and driving while tired or under the influence, can also lead to truck accidents.
Truck drivers must also follow federal safety rules. If they skip required rest breaks or ignore logbook rules, that can help prove fault. The Federal Motor Carrier Safety Administration (FMCSA) sets strict limits on how long drivers can stay on the road without rest.
The Trucking Company
Trucking companies must vet their drivers, maintain their vehicles, and follow safety standards. If they cut corners, they can be held responsible.
At JJWLS, we handle cases where companies fail to check a driver’s background or disregard truck inspections. These choices put everyone on the road at risk. Under a legal principle called vicarious liability, a company may be held accountable for the actions of its drivers while they’re on the job.
The Truck Owner
Sometimes the truck is owned by a third party rather than the trucking company. In those cases, the truck owner may be responsible for maintenance and safety compliance.
If faulty brakes or worn-out tires caused your crash, our experienced legal team will dig into maintenance logs and inspection records. This can prove whether the owner ignored maintaining their vehicle.
The Cargo Loader or Shipping Company
Improperly loaded cargo can turn a truck into a deadly hazard. When a trailer is overloaded or unbalanced, it’s more likely to jackknife or tip over. These mistakes often trace back to the shipping company or third-party cargo loaders.
They may share legal responsibility for your truck accident in South Carolina if they rushed the job or failed to follow loading rules.
The Truck or Parts Manufacturer
Not every crash is caused by driver error or poor loading. Sometimes, the truck itself is to blame.
Manufacturing problems can lead to defective brakes, tire blowouts, and mechanical failures. When these mishaps happen, the company that designed or produced the faulty part may face a product liability claim.
At JJWLS, our personal injury lawyers partner with experts to uncover these issues and determine liability. Our aim is to help you obtain the full amount of compensation you deserve after suffering from a truck accident in South Carolina.
Third-Party Drivers
Sometimes another driver causes the truck to swerve or crash. If someone cut off the truck or stopped suddenly, that driver may also share fault.
In South Carolina, it’s possible to pursue claims against multiple parties when they all contributed to the crash. This gives you more options to recover the full compensation you deserve.
Evidence Used to Establish Liability in a Truck Accident in South Carolina
To prove who’s responsible, we rely on several forms of evidence. Each piece helps build a clearer picture of what happened. Police reports are a starting point. They often include important details, such as citations, and initial opinions about fault.
Other pieces of evidence used to determine who is liable in a truck accident in South Carolina include:
- The truck’s black box data
- Driver logs and inspection records
- Dash cam footage and accident scene photos
- Witness statements
- Opinions from accident reconstruction experts
Without this proof, insurers may deny or lowball your claim. That’s why acting quickly is important after being involved in a truck accident in South Carolina. Remember, evidence can disappear quickly.
How Liability Impacts Your Compensation for a Truck Accident in South Carolina
The more parties involved, the more complex the process. But that also means more insurance policies may apply. One policy might not be enough to cover serious injuries or lost wages. Identifying all liable parties helps you recover the full amount you’re owed.
Your compensation will also depend on your own role in the accident. Under South Carolina’s comparative fault rule, your percentage of responsibility directly affects the final amount.
How a Truck Accident Lawyer Can Help
Truck accidents are different from regular car crashes. They involve federal rules, corporate insurance teams, and overlapping responsibilities. That’s where we come in.
Our job is to uncover the full story and hold every responsible party accountable. When you work with our experienced truck accident lawyers, we:
- Investigate the crash scene and collect time-sensitive evidence
- Review maintenance logs, inspection records, and driver logs
- Analyze black box data and consult expert witnesses
- Handle all communication with the trucking company and insurers
- Represent you in court if the insurance company won’t settle fairly
If you’re not sure whether you have a case, talk to us. It costs nothing to speak with our legal team, and we’ll give you clear next steps after suffering from a truck accident in South Carolina.
Get Answers and Support After a Truck Accident in South Carolina
Truck accidents don’t just leave physical scars. They can turn your life upside down in seconds. You shouldn’t have to deal with the legal aftermath alone.
At Johnson, Johnson, Whittle, Lancer, & Staggs, we fight for injured clients who have suffered in a truck accident in South Carolina. We’ve taken on trucking companies, truck owners, manufacturers, and insurers who have tried to avoid responsibility. We won’t back down.
If you’ve been hurt in a truck accident in South Carolina, we’re here to help. Contact our personal injury lawyers in Aiken for a free case review. Call us at (803) 649-5338 or fill out our contact form today to discuss your case.
