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Truck accidents are among the most devastating collisions that can happen on South Carolina roads. Because commercial trucks can weigh up to 80,000 pounds when fully loaded, crashes involving tractor-trailers often result in catastrophic injuries, long-term disabilities, and fatalities. This makes it all the more important that each potentially liable party is identified so that they can be held accountable for your truck accident injuries.

Unlike a standard car accident case, liability in a commercial trucking collision is often fairly complex. Multiple parties may share responsibility, including the truck driver, the trucking company, a cargo loading company, the maintenance provider, parts manufacturers, and even other drivers. Our South Carolina personal injury lawyers will help you understand how truck accident liability works and fight to get you the compensation that you deserve for your losses.

Brooks Derrick Accident and Injury Lawyers represents clients in all types of motor vehicle accident claims, working hard to get our clients top dollar for their injuries. We have particular experience with truck accidents, which allows us to effectively advocate for our clients and get them the money that they deserve. To learn more or to schedule a free initial consultation with a Simpsonville truck accident lawyer, reach out to our law offices today.

Who Can Be Held Liable in a South Carolina Truck Accident?

Many auto accident cases are fairly straightforward when it comes to liability. For example, if another driver rear-ends your vehicle while you are stopped at a red light, then that driver will be responsible for any injuries that you suffer as a result of the crash.

Truck accident cases are a bit different because truck drivers typically are working for a company and driving a commercial motor vehicle that they do not own or maintain. For this reason, even if the truck driver was at fault, there may still be other parties responsible for the crash.

Truck accident liability will depend on the specific facts of the case. In many situations, more than one party will share fault.  This may include:

1. The Truck Driver: Truck drivers may be personally liable if their negligence caused the accident. Examples of truck driver negligence include:
   • Speeding
   • Distracted driving
   • Fatigued driving
   • Driving under the influence
   • Violating traffic laws 
   • Improper lane changes
   • Failing to inspect the vehicle

Evidence such as police reports, dash camera footage, electronic logging devices, and witness statements may help to establish driver negligence.

2. The Trucking Company: Trucking companies are often liable for accidents involving their drivers. Under the legal doctrine of respondeat superior, employers may be held vicariously liable for negligent acts committed by employees acting within the scope of their employment. If a truck driver caused a crash while performing their job duties, the trucking company may share liability. 

A trucking company may also be independently negligent for:

• Hiring unqualified drivers
• Failing to conduct background checks
• Inadequate driver training
• Encouraging hours-of-service violations  
• Failing to maintain vehicles
• Ignoring safety regulations

Company records can play a critical role in proving negligence.

3. Cargo Loading Companies: Improperly loaded cargo can create serious safety hazards. Cargo loaders may be liable if they:
   • Overloaded the trailer
   • Failed to secure cargo
   • Distributed weight unevenly
   • Violated cargo safety regulations

Shifting cargo can cause rollovers, jackknife accidents, and loss of vehicle control.

4. Truck Maintenance Providers: Some trucking companies outsource vehicle maintenance and inspections to third-party contractors. A maintenance company may be liable if negligent repairs or inspections contributed to the crash, such as:
   • Faulty brake repairs
   • Tire maintenance failures
   • Steering system defects
   • Missed safety issues

5. Truck or Parts Manufacturers: In some cases, a defective vehicle component contributes to an accident. Potentially defective parts include:
   • Brakes
   • Tires
   • Steering systems
   • Coupling devices
   • Lighting systems

In these situations, the manufacturer, retailer, or distributor of the dangerous or defective part may face liability under product liability laws.

6. Other Drivers: Not every truck accident is solely the truck driver’s fault. Other motorists may contribute to collisions through their own negligent behavior. For example, if a passenger vehicle cuts off a truck or causes a chain-reaction collision, they could be at least partially liable for the accident. 

Why Truck Accidents Are More Complicated Than Car Accidents 

Truck accident claims differ from ordinary passenger vehicle collisions for several key reasons. These differences make it all the more important to have a skilled Simpsonville truck accident lawyer to represent you in the claim.

First, in truck accident cases, there may be multiple potentially liable parties. As described above, responsibility for a truck accident could fall on:

• The truck driver
• The trucking company
• A cargo loading company
• A truck maintenance provider
• A vehicle or parts manufacturer
• Another negligent driver

Determining who is legally responsible often requires an extensive investigation. While this aspect can make truck accident cases more complex, it can also increase the likelihood of getting full compensation for your injuries. 

The second way in which truck accidents are more complicated is that these cases involve both federal and state laws. Commercial trucking companies and drivers must comply with strict federal and state safety regulations. 

Truck accident cases often involve:

• Federal Motor Carrier Safety Administration (FMCSA) regulations
• Commercial licensing requirements
• South Carolina traffic laws
• Vehicle maintenance standards
• Hours-of-service regulations

Violations of these rules may help to establish negligence, but it also requires an understanding of these laws and how they apply to the facts of your case. Our Simpsonville truck accident attorneys are adept at navigating these regulations to get the best possible outcome for our clients.

Third, truck accidents also tend to result in more serious injuries. This means that the financial stakes are often much higher than in standard auto accident cases. Insurance companies may aggressively dispute liability to reduce exposure to large settlements or verdicts at trial.

Fourth, the type of evidence available in a truck accident case is often different. Your attorney may gather documentation such as maintenance logs, hours-of-service logs, training records, black box data, and more to prove your case. Familiarity with this type of evidence is crucial to getting the best possible outcome for your case.

Truck accident cases can lead to serious, life-changing injuries. If you have been hurt in an accident involving a big rig or other commercial truck, you need experienced legal representation. Our law firm can work with you to help you get justice for your injuries.

Why Early Legal Representation Matters

Truck accident cases often require immediate investigation. Critical evidence can often disappear quickly, including:

• Surveillance footage
• Black box data
• Driver logs
• Inspection records

Trucking companies and insurers may begin building their defenses immediately after the collision occurs. 

An experienced South Carolina truck accident attorney can help: 

• Preserve evidence
• Conduct independent investigations
• Identify all liable parties
• Handle insurance negotiations
• Consult accident reconstruction experts
• Calculate full damages
• Pursue litigation when necessary

Because trucking companies typically carry substantial insurance policies, these cases are often aggressively defended. Having legal representation can help to level the playing field. This is particularly important when you’re going up against a big trucking company and its even larger insurance company.

Help for South Carolina Truck Accident Victims

Determining liability in a South Carolina truck accident claim can be far more complicated than a typical car accident claim. Multiple parties may share responsibility, including truck drivers, trucking companies, cargo loaders, maintenance providers, and manufacturers. Our law firm is skilled at evaluating truck accident cases to determine who may be liable so that we can recover maximum compensation for our clients.

At Brooks Derrick Accident and Injury Lawyers, we are fierce advocates for clients who have been hurt in all types of personal injury claims, including truck accidents.  We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. Give us a call at 864-531-7765 or fill out our online contact form to schedule a free consultation with a Simpsonville truck accident lawyer.