Who Can Be Held Liable in a Truck Accident? A Look Beyond the Driver

According to data from the South Carolina Department of Public Safety (SCDPS), there were approximately 6,700 tractor-trailers involved in crashes in the state in 2022 alone. Large commercial truck accidents can cause catastrophic, even life-altering injuries.

This raises an important question: Who is liable in a truck accident? A number of different parties may be legally responsible for a crash, including the trucker, trucking company, and any other party involved in the operations. Our Charleston truck accident lawyer explains who can be held liable for a truck crash—beyond the driver.

Truck Accident Liability: South Carolina is a Fault-Based State

Fault matters in a truck accident claim in South Carolina. Why is it so important? The party—truck driver or otherwise—who is found to be at fault for causing a crash can be held legally liable for the resulting damages. Every tractor-trailer accident should be thoroughly investigated to determine exactly what went wrong. A lawyer can ensure that a proper investigation happens. Notably, South Carolina’s comparative negligence rule allows for damages to be allocated based on each party’s degree of fault. You can recover compensation even if you are partially at fault. However, that compensation will be reduced proportionately to your degree of negligence. Further, if you are found 51 percent or more responsible for your crash, you will be denied recovery by law.

Many Truck Accidents Are Caused By Driver Error

Truck drivers are not the only party that can be held liable for a truck accident in South Carolina. With that being, a negligent trucker can absolutely be held liable for a crash. Indeed, a significant percentage of semi-truck accidents in South Carolina are caused, at least in part, by driver error.

Some of the most common examples of trucker negligence include:

• Speeding: Speeding in a large commercial truck is especially dangerous. It is reckless behavior that can significantly increase the risk of a serious crash.

• Following Too Closely: Large commercial trucks need additional stopping distance. When a truck driver follows another vehicle too closely, it could cause a rear-end collision.

• Distracted Driving: Truckers must keep their full focus on the road. Distracted driving is negligent driving. It is dangerous and distracted truckers are responsible

• Unsafe Merges: Unsafe merges happen when a truck driver changes lanes or enters traffic without ensuring there is enough space to do so safely. It can cause a sideswipe crash.

• Failure to Manage Blind Spots: Large trucks have significant blind spots. It is the responsibility of the truck driver to manage these blind spots to prevent collisions.

Other Negligent Parties Can Be Held Liable for a Truck Accident

Following a commercial truck accident in South Carolina, it is important to look beyond the truck driver. While a negligent truck can be held responsible for causing a crash, they are often not the only party that bears fault. A thorough investigation can help to identify all defendants that bear liability. Other negligent parties that can be held legally responsible for a truck accident in South Carolina include:

• Truck Company: The truck company has a responsibility for its employees. It is generally the truck company that carries the insurance policy. Further, truck companies need to ensure that their truckers are qualified, well-trained, and road safe.

• Company that Loaded Trailer: The company responsible for loading the truck’s trailer can be liable if improper loading practices—such as uneven weight distribution or overloading of the trailer—contributed to the accident.

• Truck Manufacturer: Truck manufacturers may be held liable if a defect in the truck’s design or a failure in its parts caused the crash or made it worse. These types of claims may fall under product liability law in South Carolina.

• Government Entities: In some cases, a government agency may potentially bear responsibility for a crash. Government entities can be held liable if poorly maintained roads, unclear signage, or malfunctioning traffic signals were a factor.

• Third-Party Motorists: In a complex multi-vehicle accident, a third-party motorist may have been negligent as well. For example, an unsafe lane change by another driver may have been the root cause of the accident. These crashes should be thoroughly investigated.

Be Proactive: Truck Accident Statute of Limitations

Under South Carolina law (S.C. Code § 15-3-530(5)), there is a three-year statute of limitations for commercial truck accident claims. If the statute of limitations expires, you may be denied any compensation for your damages. Do not fall behind in the claims process. The truck company and insurance will waste little time building a defense. Consult with a Charleston, SC semi-truck accident lawyer right away after a serious crash.

Recovering Compensation for Truck Accident Victims in South Carolina

Hurt in a semi-truck accident in South Carolina? You have the right to seek compensation for the full value of your damages, including your non-economic losses. However, recovering full and fair financial support can often be challenging. The big truck companies want to settle claims for less than full and fair value. We are here to help. Our Charleston truck accident lawyer will help you take action to seek the maximum compensation, including for:

• Automobile repairs
• Emergency room care
• Hospital bills
• Other medical expenses
• Physical therapy
• Mental health support
• Lost wages
• Loss of future earnings
• Pain and suffering
• Mental anguish
• Long-term disability
• Loss of quality of life
• Wrongful death

Contact Our Charleston, SC Semi-Truck Accident Lawyer for a Free Case Review

Attorney Trey Harrell is committed to helping injured victims recover. We put your rights and your interests first. If you were hurt in a semi-truck accident, our team will help you identify all parties that may bear legal responsibility for the collision. You need the maximum recovery. Call us now or connect with us online for a free, no-obligation initial appointment. From our Charleston office, we handle semi-truck accident injury claims throughout the surrounding region in South Carolina.

Remember Trey Helps!