How South Carolina’s Laws Affect Your Truck Accident Claim

If you’ve been in a truck accident in South Carolina, the laws in this state can make a big difference in how your claim works and how much you may recover. Truck accidents often result in serious injuries, and the legal process can become complicated. Knowing how South Carolina law applies to your situation helps you make better decisions after a crash.

South Carolina Is a Fault State

South Carolina follows a "fault" system for vehicle accidents. This means the person who caused the accident is legally responsible for paying damages. You can file a claim with your own insurance, the at-fault driver’s insurance, or go to court if needed.

Modified Comparative Negligence Rule

South Carolina employs a rule known as "modified comparative negligence." This rule says you can still recover damages if you were partly at fault, as long as you were less than 51% responsible. But your compensation will be reduced by your share of the fault.

Example:
If you were found to be 20% at fault and your damages were $100,000, you would receive $80,000. If you were more than 50% at fault, you would get nothing.

Statute of Limitations

The deadline to file a personal injury lawsuit in South Carolina is three years from the accident (South Carolina Code § 15-3-530). If you miss this deadline, the court will likely dismiss your case, no matter how strong it is.

Insurance Requirements

Under South Carolina law, all drivers must carry minimum liability insurance:

$25,000 for injury or death of one person
$50,000 for injury or death of more than one person
$25,000 for property damage

However, these minimums may not cover the full cost of injuries in a truck accident, especially when medical bills, lost income, and long-term care are involved.

Federal and State Regulations for Trucks

Truck drivers and trucking companies are required to adhere to strict federal and state laws. These include:

Hours of service: Limits how many hours a driver can be on the road (Federal Motor Carrier Safety Administration).
Vehicle maintenance: Trucks must be regularly inspected and maintained.
Driver qualifications: Truck drivers must have a valid Commercial Driver’s License (CDL).
Load limits and securement: Cargo must be properly loaded and secured to prevent accidents.

If a trucking company or driver breaks any of these rules, it can strengthen your case.

Who Can Be Held Responsible?

Truck accident claims often involve more than just the driver. Other parties who might share fault include:

Trucking companies (for poor hiring or training)
Maintenance crews (for failing to fix issues)
Cargo loaders (for unsafe loads)
Truck manufacturers (for defective parts)

Finding all liable parties can increase the amount of compensation available.

Damages You Can Recover

In South Carolina, you can seek both economic and non-economic damages, such as:

Medical expenses
Lost wages
Pain and suffering
Property damage
Future medical care
Emotional distress

In some rare cases, the court may also award punitive damages if the at-fault party acted with extreme carelessness or recklessness.

Role of a Police Report

After a truck accident, a police report is often used as evidence. It can include details about the crash, witness statements, and the officer's assessment of who was responsible for the incident. While not final proof, insurance companies, and courts often rely on this report during the claims process.

How a Lawyer Can Help

Truck accident cases differ significantly from regular car accidents. There’s often more damage, more insurance coverage, and more legal complications. A South Carolina truck accident lawyer can:

Gather evidence,
Negotiate with insurance companies
Determine who is liable for the accident. They can also represent you in court if a fair settlement isn’t offered.

Take Action: Your Path to Compensation Starts with Knowing the Law

South Carolina law affects many parts of a truck accident claim — from how fault is shared to who can be sued and how long you have to file. The laws are strict, but they also provide injured individuals with the opportunity to recover compensation for their losses.

If you're hurt in a truck crash, understanding your rights can make all the difference. Always act quickly, and if you’re unsure about the next step, it’s wise to consult with someone familiar with the law.