Get medical care first, then protect the evidence. Trucking companies and their insurers often start investigating right away, and key records such as driver logs, electronic data, and dash camera video can be overwritten or lost. South Carolina generally gives you three years to sue (S.C. Code Ann. 15-3-530(5)), but truck evidence can disappear much sooner.
Why Is a Truck Accident Different From a Car Accident?
A fully loaded tractor-trailer can be many times heavier than a passenger car, so crashes tend to cause more serious injuries. The legal differences matter just as much. A commercial motor carrier is a company that moves goods or passengers by truck for business, and it must follow federal safety rules that ordinary drivers do not.
South Carolina applies those federal rules to trucks on its highways. S.C. Code Ann. Regs. 38-424 makes the U.S. Department of Transportation safety rules (49 CFR Parts 382, 383, 385, 387, and 390 to 399) apply to motor carrier vehicles in both interstate and intrastate commerce, except where they conflict with South Carolina law. S.C. Code Ann. 56-1-2005 also requires the state commercial driver's license program to follow those rules. In plain terms, there is a written rulebook for how long a driver may drive, how a truck must be maintained, and what the company must keep on file. Breaking that rulebook can be evidence of negligence.
What Should I Do Right After a Truck Crash?
- Call 911 and ask for medical help, even if you feel okay. Adrenaline can hide injuries.
- Get checked by a doctor the same day if you can. Neck, back, and head injuries often show up hours or days later.
- Photograph everything if you are able: all vehicles, the truck's license plate and USDOT number on the cab door, skid marks, road damage, and your injuries.
- Get names and numbers for the driver, the company name on the truck, and any witnesses.
- Do not give a recorded statement to the trucking company or its insurer, and do not sign anything, until you have talked to a lawyer.
- Do not post about the crash on social media.
- Call a lawyer quickly so a preservation letter can go to the trucking company while the records still exist.
What Federal Rules Do Truck Drivers and Companies Have to Follow?
The rules below come from the Federal Motor Carrier Safety Regulations. Whether a rule was broken in your crash depends on the facts, and a lawyer has to get the records to find out.
- Hours of service. Under 49 CFR 395.3, a driver of a property-carrying truck may start driving only after 10 consecutive hours off duty. The driver may not drive after the 14th hour since coming on duty, may drive no more than 11 hours in that window, and needs a 30-minute break after 8 hours of driving. There are also 60-hour (7-day) and 70-hour (8-day) on-duty limits. Some short-haul and other exceptions apply.
- Duty status records. Under 49 CFR 395.8, most carriers must have drivers record their driving, rest, and on-duty time with an electronic logging device (ELD). Exceptions include drivers who keep logs on no more than 8 days in any 30-day period and trucks built before model year 2000.
- Post-crash drug and alcohol testing. Under 49 CFR 382.303, the employer must test its surviving driver for alcohol and drugs as soon as practicable after any crash involving a death. Testing is also required after a crash with an injury treated away from the scene, or a vehicle towed away, if the truck driver gets a traffic citation. Alcohol tests must happen within 8 hours and drug tests within 32 hours.
- Accident register. Under 49 CFR 390.15, the motor carrier must keep an accident register for 3 years and must make accident records available to authorized investigators.
Hours-of-service violations, skipped inspections, and missing maintenance records are common starting points in truck cases because they can point to a company that put schedule or cost ahead of safety. That is something to prove with records, not something to assume.
Who Can Be Held Responsible for a Truck Accident?
More than one party may share responsibility, and finding all of them can widen the insurance coverage available to pay your claim. Depending on the facts, that can include:
- the truck driver,
- the trucking company, both for its driver's conduct on the job and for its own choices in hiring, training, supervising, and scheduling the driver,
- the owner of the truck or trailer, if different from the carrier,
- a freight broker or shipper that chose the carrier or controlled the load,
- a company that loaded the cargo badly, and
- a maintenance shop or parts maker, if a brake, tire, or equipment failure played a part.
South Carolina lets an injured person bring a negligent hiring, training, supervision, or entrustment claim against the company even after it admits it is responsible for its driver (James v. Kelly Trucking Co., 377 S.C. 628, 661 S.E.2d 329 (2008)). In 2026, the U.S. Supreme Court held that federal trucking law does not block a state-law claim that a freight broker negligently hired an unsafe carrier (Montgomery v. Caribe Transport II, LLC, 608 U.S. ___ (May 14, 2026)). Who is responsible, and in what share, is still a fact question in every case.
How Does South Carolina Fault Law Affect a Truck Accident Claim?
South Carolina follows a modified comparative negligence rule. Under Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991), you can recover only if your fault is not greater than the defendant's, and your recovery is reduced by your percentage of fault. If there is more than one defendant, your fault is compared to their combined fault. Truck companies often try to put some of the blame on the other driver, so the evidence on how the crash happened matters.
When several parties share fault, S.C. Code Ann. 15-38-15 generally limits a defendant found less than 50 percent at fault to its own share of the damages. Two parts of that statute matter in truck cases. First, when a company is legally responsible for its driver through employment or agency, the court treats them as a single party when it divides fault (15-38-15(C)(3)(a)). Second, a defendant whose own conduct is found wilful, wanton, reckless, or intentional, or involves illegal drugs, stays responsible for all of the damages (15-38-15(F)). The current version of the statute, rewritten by 2025 Act No. 42, applies to claims arising or accruing after January 1, 2026. An earlier version governs older crashes, so the date of your crash matters.
How Much Insurance Do Trucking Companies Have to Carry?
Federal law sets a floor for trucks. Under 49 CFR 387.9, a for-hire carrier moving nonhazardous property in interstate commerce in a vehicle of 10,001 pounds or more must carry at least $750,000 in public liability coverage, and higher minimums apply to certain hazardous materials. South Carolina sets similar minimums for motor carriers that must hold a state certificate: $750,000 per incident for nonhazardous freight vehicles of 10,000 pounds or more, and $1,000,000 or $5,000,000 for hazardous loads, depending on the material (S.C. Code Ann. Regs. 38-412 and 38-414).
Those numbers are minimums, not limits on what a claim can be worth. Some carriers carry more, and more than one policy can apply. Your own underinsured motorist coverage may also matter in a serious crash. A lawyer should identify every policy early.
What Evidence Is Lost First in a Truck Accident Case?
Much of the evidence is controlled by the trucking company, not by you. We recommend sending a written preservation letter as soon as possible, asking the carrier to keep items such as:
- ELD and duty status data, dispatch records, and trip receipts,
- the truck's engine control module ("black box") data and any dash camera or lane-departure video,
- the driver's qualification file, training records, and drug and alcohol test results,
- inspection, repair, and maintenance records for the tractor and trailer,
- cell phone records for the driver around the time of the crash, and
- the carrier's accident register entry and internal investigation.
A preservation letter is a request, not a court order, but it puts the company on notice. If a party loses or destroys evidence, a South Carolina court may let the jury infer that the missing evidence would have hurt that party (Kershaw County Bd. of Educ. v. U.S. Gypsum Co., 302 S.C. 390, 396 S.E.2d 369 (1990); Stokes v. Spartanburg Regional Medical Center, 368 S.C. 515, 629 S.E.2d 675 (Ct. App. 2006)). Even so, a letter works best when it goes out before anything is gone.
Where Do Truck Crashes Happen Around Charleston?
Heavy trucks use I-26, I-526, I-95, and US-17, and they travel to and from the Port of Charleston terminals and the industrial areas in North Charleston and Berkeley County. Crashes can involve merges, construction zones, sudden stops in traffic, and wide turns on busy roads such as Rivers Avenue and Savannah Highway.
A truck accident lawsuit in state court is filed in the Court of Common Pleas, and South Carolina's venue statute decides which county. Under S.C. Code Ann. 15-7-30, that is usually the county where the most substantial part of the conduct behind the crash happened, or a county tied to a defendant's home or principal place of business. For an out-of-state trucking company without South Carolina authority, the injured person's home county can also qualify. Simply doing business in a county is not enough on its own. Our office is at 669 St Andrews Blvd in Charleston, and we represent clients across South Carolina.
What Compensation Can I Recover After a Truck Accident?
Injured people may seek payment for past and future medical bills, lost income and reduced earning ability, physical pain, emotional distress, permanent impairment, and property damage. When a crash takes a life, the executor or administrator of the estate can bring a wrongful death claim for the benefit of the spouse, children, or other family members the statute names (S.C. Code Ann. 15-51-10 and 15-51-20); see our wrongful death page. Every case is different, and no lawyer can promise an outcome.
What to Do Next
If a truck hurt you or a family member, do not wait for the company's insurer to call first. Leffew Law Firm represents people hurt in truck crashes in Charleston, Berkeley, and Dorchester counties and across South Carolina. Read about our personal injury practice or our car accident practice, then call (843) 788-9332 or use our contact page to talk with us. The case will be handled by a lawyer at Leffew Law Firm, who practices at 669 St Andrews Blvd, Charleston, SC 29407.
Frequently Asked Questions
How long do I have to file a truck accident lawsuit in South Carolina?
Generally three years from the date of injury under S.C. Code Ann. 15-3-530(5). A wrongful death claim has three years from the date of death under 15-3-530(6). A claim against a government defendant, such as a city or state truck, generally must be filed within two years under the Tort Claims Act (S.C. Code Ann. 15-78-110), so check early.
Can I sue the trucking company, or only the driver?
Often both. A company can be responsible for its driver's conduct on the job and for its own decisions on hiring, training, supervision, and maintenance, depending on the facts (James v. Kelly Trucking Co., 377 S.C. 628 (2008)).
What if I was partly at fault?
You may still recover if your fault is not greater than the combined fault of the defendants. Your recovery is reduced by your share (Nelson v. Concrete Supply Co., 303 S.C. 243 (1991)).
Should I talk to the trucking company's insurance adjuster?
Speak with a lawyer first. An early recorded statement or quick settlement offer can limit a claim before the full extent of your injuries is known.
What is an ELD and why does it matter?
An electronic logging device records a truck driver's driving and rest time (49 CFR 395.8). Its data can show whether the driver broke hours-of-service limits.
Sources
- S.C. Code Ann. 15-3-530(5) and (6) (three-year limitation periods)
- S.C. Code Ann. 15-7-30 (venue)
- S.C. Code Ann. 15-38-15 (joint and several liability, as rewritten by 2025 Act No. 42)
- S.C. Code Ann. 15-51-10 and 15-51-20 (wrongful death)
- S.C. Code Ann. 15-78-110 (Tort Claims Act time limit)
- S.C. Code Ann. 56-1-2005 (commercial driver's license program)
- S.C. Code Ann. Regs. 38-412, 38-414 and 38-424 (motor carrier insurance and safety rules)
- 49 CFR 382.303, 387.9, 390.15, 395.3 and 395.8 (Federal Motor Carrier Safety Regulations)
- Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)
- James v. Kelly Trucking Co., 377 S.C. 628, 661 S.E.2d 329 (2008)
- Kershaw County Bd. of Educ. v. U.S. Gypsum Co., 302 S.C. 390, 396 S.E.2d 369 (1990)
- Stokes v. Spartanburg Regional Medical Center, 368 S.C. 515, 629 S.E.2d 675 (Ct. App. 2006)
- Montgomery v. Caribe Transport II, LLC, 608 U.S. ___, No. 24-1238 (May 14, 2026)
This page is general information about South Carolina law, not legal advice for your situation.