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Why Truck Accident Claims Are Different Than Other Types Of Vehicle Accident Claims
When you’ve previously been involved in a car accident, it’s easy to assume that your experience will help you navigate a similar situation after being involved in a commercial truck crash. However, this is a critical assumption to avoid, and you should know why.
The difference in size between a commercial tractor-trailer weighing approximately 80,000 lbs. and a standard passenger vehicle that weighs only approximately 4,000 lbs. changes the entire dynamic of what happens during a collision. In addition, the laws regarding liability for injuries sustained in a commercial truck crash are substantially different than those applicable in a typical car crash.
Commercial truck crash claims can contain numerous defendants, various levels of federal oversight, and specific evidence not typically available in non-commercial auto collisions. Therefore, as soon as a report of a commercial truck crash is made, the commercial trucking company’s lawyers and insurance adjusters will begin working aggressively on their behalf. It would be wise to do the same for yourself.
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Comparative Negligence Rule in South Carolina’s Fault-Based System
In South Carolina, the state follows a “fault” based system when determining who is financially responsible for damages. However, in situations where more than one party may have contributed to the cause of an automobile accident, how does one determine responsibility? This is known as comparative negligence.
According to S.C. Code Section 15-38-15, a plaintiff can collect damages even though he/she was partially at-fault for the accident, provided his/her percentage of fault did not exceed 50%. For example, if you were determined to be 30% responsible for an automobile collision, your total award will be reduced by 30%. Conversely, if you were determined to be 51% or greater at-fault for the accident, your total recovery would be zero. Due to familiarity with comparative negligence and its application in the event of an accident, commercial trucking company lawyers and insurance adjusters often attempt to apportion some level of blame upon the driver of the vehicle that was damaged. Hiring an attorney who has experience in handling commercial truck crash cases prior to the commencement of settlement negotiations will prove beneficial.
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Potential Parties Responsible for Liability Claims Related To Truck Wrecks
Another distinguishing feature of a claim arising out of a truck wreck is that potentially several parties may be deemed at fault for the accident. The potential at-fault parties can vary depending on the circumstances surrounding how the accident occurred. At-fault parties may consist of: the driver; the employer/trucking company; the owner(s); the entity responsible for maintenance/inspection of the equipment; the entity that hired the loader of cargo; the freight broker; or the manufacturer of faulty parts. There can be separate policies issued under each defendant’s insurance coverage plan. Therefore, claims may be filed against more than one party.
The Federal Motor Carrier Safety Administration (“FMCSA”) establishes stringent regulatory guidelines for commercial motor carriers that govern areas such as driving time limitations for drivers; vehicle inspection/maintenance requirements; securement requirements for cargo; and qualifications necessary for employment as a professional driver. Should a commercial motor carrier fail to comply with any of these requirements, failure to comply creates a strong presumption of negligence in the event of a subsequent crash.
Additionally, South Carolina has enacted its own regulations concerning maximum weights allowable for certain types of commercial vehicles using public highways, vehicle safety inspections, and minimum insurance coverage required for commercial motor carriers doing business within the State of South Carolina. Thus, a comprehensive examination of whether any violations of either State or Federal regulations resulted in an accident requires consideration of compliance with both sets of regulations.
Immediate Action to Take After a Truck Accident
The steps taken by you in the immediate aftermath of a truck wreck can greatly affect your ability to obtain a reasonable recovery from the responsible party. These include:
- Call 911. No matter how small your injury seems to be, you need the police to document the wreck and create a police report. This document is crucial to establishing liability.
- Obtain medical attention immediately. Many types of injuries, i.e., head injuries, back/neck injuries, etc. May not manifest themselves immediately. As a result, getting medical treatment as early as possible is essential to protect your health and establish a medical record linking your injuries to the collision.
- Stay on scene and preserve what is possible. Document the wrecked vehicles, the road itself, skid marks, cargo debris, traffic signs, and any visual evidence of injury. Document witness information prior to leaving.
- Gather information from the commercial vehicle driver. Include the CDL number, carrier name & number, DOT number, and insurance information for both the vehicle & carrier.
- Do not discuss liability at the scene. This applies to discussions with the commercial vehicle driver, other parties, and/or with the insurance company representatives who may contact you shortly after the wreck. Politely decline to answer any questions concerning the incident and avoid stating what you feel or think regarding how the wreck occurred.
Contact an attorney prior to giving any recorded statement to an insurance company. Insurance companies are likely going to request a recorded statement quickly, prior to you understanding the full extent of your injuries or speaking with an attorney. You are under no obligation to give one. Providing such without guidance may negatively impact your claim.
Truck Accident Lawyer
Give us a call for a FREE & CONFIDENTIAL Case Review*Preservation of Evidence and Investigation of the Crash
Investigations involving a commercial vehicle are generally more complex than those related to passenger vehicles. This is due in part to the additional potential sources of evidence unique to commercial vehicle operations that can be used to prove the cause of the wreck, and most of these items can vanish rapidly unless you act promptly.
Commercial vehicle drivers are required to use electronic logging devices (ELDs), also known as “hours of service” logs, to track their hours worked. ELD’s contain a wealth of information that could be valuable in proving whether the driver violated federal regulations regarding required rest periods at the time of the wreck. In addition, event data recorders, commonly referred to as “black boxes,” collect numerous pieces of data, including speed, acceleration/deceleration rates, engine rpms, and brake applications prior to the collision. Driver qualification files include documentation showing the driver was qualified to drive the type of vehicle he was operating; medically certified to operate the vehicle; properly licensed to operate the vehicle; adequately trained to operate the vehicle; and compliant with applicable state/federal laws governing qualifications of commercial vehicle operators. Records regarding maintenance and inspections of the vehicle are also potentially useful in determining whether the vehicle was mechanically safe to operate. Communications between dispatch personnel and the driver are also useful in understanding any pressures placed upon the driver by his employer to meet delivery schedules or deadlines while ignoring any safety considerations.
Federal regulations require certain records to be maintained by carriers for specific durations of time. However, carriers do not necessarily maintain these records beyond the minimum requirement. Once records become available for disclosure purposes, they can be easily altered or destroyed by either the carrier or its agents. Consequently, one of the first acts of a seasoned Truck wreck attorney will be sending a spoliation letter to the carrier and/or other entities likely to possess relevant documents. By issuing a spoliation letter, counsel notifies the opposing party that litigation may occur and that they have a duty to preserve all relevant documents/evidence until further notice. If they fail to comply with this request subsequent to being formally notified, they face severe penalties.
In conjunction with preservation of evidence, attorneys typically contract with expert investigators/reconstructionists and individuals who specialize in investigating truck wrecks to identify each entity whose negligence led to your injuries.
Claims Process: From Insurance Negotiations to Litigation
Many people have little experience dealing with claims arising from a truck accident and consequently do not know what to expect when pursuing a claim against the carrier of a commercial vehicle. The following provides an overview of what you might expect.
Firstly, there is an investigation. Prior to submitting your claim(s), your attorney must gather sufficient evidence and determine what your actual injuries/damages were (i.e., past/present). In order to accomplish this objective, your attorney will need to collect evidence, review medical records, consult with experts, and calculate both present/past damages.
Following completion of your investigation and stabilization of your medical condition sufficient enough to estimate future care requirements, your attorney will prepare a demand letter requesting payment of your claimed damages and provide an explanation of how your attorney believes you should be compensated based upon established principles of law. Following the submission of your demand letter, negotiations ensue. Commercial carriers and their insurers are very skilled at negotiation processes and frequently begin negotiations with lower offers than expected. A well-prepared attorney representing you who understands the true value of your case and is prepared to proceed through a trial process is substantially better positioned than one who does not.
If a reasonable agreement cannot be negotiated with the defendant/carrier, your attorney will file suit on your behalf. Upon filing suit, your case will move into discovery, which is a formalized procedure whereby each party will receive access to all pertinent information collected during the course of discovery. Discovery includes formal written inquiries submitted by each party (interrogatories); requests for production of documents; requests for admission of facts; depositions wherein parties/witnesses testify under oath; and retention/subpoena of expert witnesses (e.g., accident reconstructionist/medical professional) for testimony/trial.
Before an actual trial, you can expect to have some pretrial motions and perhaps even mediation by a neutral third party who will assist the parties in resolving their dispute. The vast majority of disputes are resolved prior to appearing in court; however, it is typically the party’s willingness and ability to prepare for trial that provides much leverage to force the parties into reasonable settlements. When we represent clients at Maguire Law Firm, we always prepare each client’s case as if it were going to be tried, simply because the preparation creates leverage on both sides and encourages honesty.
Damages Available in South Carolina Truck Accident and Wrongful Death Cases
When asked how much their case could be worth, the truth is that each case is unique and depends upon its individual facts. However, we can explain the types of damages that exist in South Carolina and how they work.
Economic damages are those that are based upon measurable financial losses sustained due to the accident. This includes your past and future medical expenses, such as hospital bills, surgeries, rehabilitation, medications, etc., lost wages and/or lost earnings potential due to permanent disability from the accident, and the cost of repairing/damaging your vehicle. All economic damages require documentation. Most economic damages can be easily calculated.
Non-economic damages represent the non-monetary effects of your injury. Examples of these include physical pain and suffering, mental anguish, loss of enjoyment of life, loss of relationships, and other effects on your normal functioning. While difficult to quantify, all of these are compensable damages in South Carolina. Because they cannot always be measured in dollars and cents, obtaining an attorney who can demonstrate the full measure of your damages will make a significant difference in recovering all of your entitlement to compensation.
Punitive damages are allowed in South Carolina in instances where the defendant acted with gross negligence or malice. In South Carolina, punitive damages can never exceed three times the amount of the actual damages awarded or $500,000, whichever is higher. Not all truck accidents qualify for punitive damages; however, in cases where a trucking company acted recklessly or maliciously, seeking punitive damages serves to send a message and significantly increases a client’s recovery.
Wrongful death damages are if a loved one loses his/her life in a truck accident, South Carolina law permits the deceased’s estate to bring two separate yet distinct wrongful death actions. A wrongful death action is brought on behalf of the deceased’s survivors to compensate for funeral/burial expenses, lost income/financial contributions made by the deceased, and the loss of companionship/care/guidance from the deceased. Typically, spouses, children and other dependents receive the majority of a wrongful death award.
Survival actions are brought solely by the estate of the deceased person and are intended to compensate for the deceased person’s own injuries/personal losses suffered prior to their death. These injuries may include medical expenses and pain/suffering during the period immediately preceding death. Both claims are filed by the personal representative of the deceased’s estate, usually designated in a will or appointed by the probate court. The distribution of damages among heirs is governed by South Carolina’s intestacy statutes if there is no valid will, and by the terms of the will if there is one.
Statutes of Limitation for Filing Lawsuits After a Truck Accident
In South Carolina, you have three years from the date of the truck accident to file a personal injury lawsuit. For wrongful death claims, you have three years from the date of death to file a claim. If you miss either of those deadlines, you forever give up your right to seek compensation, regardless of how strong your case is.
However, there are exceptions that may alter the statutory deadline. Claims against government entities, for example, have a very short statute of limitations to file a Notice of Claim, usually just 180 days. There may be special rules for lawsuits involving minors. Additionally, in some cases, the statute of limitations can be “tolled” or extended while a victim is a minor or while another condition exists.
None of this suggests that you should delay taking action. Evidence will disappear, witness memories will fade, and black boxes will overwrite their records. The earlier you begin working with an attorney, the better your chances of winning your case.
Hurt in an Accident? Hire Maguire
Give us a call for a FREE & CONFIDENTIAL Case Review*Insurance Company Tactics
We want to be straightforward here: The insurance company representing the trucking company does not act in your best interest. Their experienced adjusters and lawyers are responsible for paying out as little money as possible on every single claim. The insurance companies use many tactics to accomplish this goal. Some common examples include:
- Making quick offers for settlements early in the process so that you do not know how severe your injuries really are;
- Asking for recorded statements that can be used by the insurance company later to deny parts or all of your claim.
- Downplaying the seriousness of the accident;
- Claiming that your injuries existed prior to the accident.
A quick settlement offer may seem appealing in a chaotic time after an accident, but accepting it means giving up your right to pursue additional compensation if your injuries become worse than expected. Prior to accepting any payment or signing any document, consult with an attorney.
At Maguire Law Firm, we evaluate all elements of every client’s claim, such as past medical expenses and future medical expenses; lost wages and lost earnings potential; and long-term impacts on earning capacity. We communicate directly with insurers on behalf of our clients throughout the entire claims process. If we are unable to obtain a reasonable settlement from an insurer, we prepare to go to trial.
What Makes Experience Important: The Best Lawyer For Your Truck Accident or Wrongful Death Case
There is no substitute for experience. Personal injury, especially those involving wrongful death and truck accidents, cannot be learned by “doing it once.” These types of cases require knowledge of complex federal regulations (many lawyers never see), specialized evidence requiring immediate preservation, and well-funded and prepared insurance companies. If you want your case handled by someone who knows what they are looking for and how to find it, then hire an attorney who has done this many times before.
Attorneys with Maguire Law Firm, including founding partner Ian D. Maguire, who was named as one of the Top Attorneys in South Carolina by Super Lawyers and given an AV Preeminent Rating by Martindale-Hubbell, along with partners Tiffany K. Buffkin and Brittney Farish Jones, have all worked together to build a law firm that focuses on helping its clients. In addition to being members of the Multi-Million Dollar Advocates Forum, an association comprised of attorneys who have won million-dollar-plus verdicts/settlements for their clients, we have been representing injured individuals throughout South Carolina since 1994.
We represent victims of trucking accidents and families affected by wrongful deaths in Myrtle Beach, North Myrtle Beach, Florence, and other surrounding areas. Maguire Law Firm will provide representation to cover all aspects of your truck accident case: issue spoliation letters/evidence preservation letters; work with accident reconstructionist/medical expert(s); negotiate with the carrier’s insurance company; and if necessary, try your case before a judge and/or jury.
You only pay us if we win your case. All of our consultations are complimentary and confidential. At Maguire Law Firm, we truly believe in the words displayed on our billboards: Help A Neighbor Today. This is not just a slogan for us. It is why we do this work.
Emotional Support & Community Resources
Going through the legal aspects while recovering from a severe trucking crash or losing a loved one are probably two of the most difficult experiences for people and families to go through. While we are there to assist with the legal side of things, we recognize that the process of dealing with a legal matter can be impersonal and transactional during an extremely difficult time in a person’s life.
Please allow yourself the opportunity to mourn, to struggle, and to seek help. Many victims of serious crashes develop post-traumatic stress disorder (PTSD), anxiety, depression, and grief that will not subside without some form of professional assistance. Seeking the services of a licensed therapist or counselor is one of the best things you can do for yourself to begin your journey toward healing.
If you’ve experienced the loss of a loved one due to the negligence of another party, you may find solace in connecting with other individuals who have experienced similar pain through participating in grief support groups either in-person or virtually. Your primary care physician can also provide referrals to professionals who specialize in mental health. In addition, many hospitals employ patient advocates who can guide you through all aspects of your medical treatment.
Our involvement in the community is important to us at Maguire Law Firm. It’s our belief that if you are going to be an advocate for your clients, then you should also be a neighbor. The actions we take demonstrate this philosophy, whether it is recognizing a local veteran, supporting a community event, or simply being available to a client who wants to discuss their case.
If you would like to speak with one of our attorneys regarding your case, please contact us today at (843) 438-5561. We look forward to helping you.
Contact us today to discuss your case.
Schedule a free* consultation to learn how our team can help you pursue fair compensation for your injuries.
* Disclaimer: Past results do not guarantee future outcomes. “Free* consultation” or “Free* Case Evaluation” refers only to the initial evaluation of your case and does not imply that legal representation is free*. Clients may be responsible for costs in addition to the attorney’s fees. Percentage fees are calculated before deducting costs from the gross recovery. No comparison is intended or implied between Maguire Law Firm’s services and those of other lawyers. Testimonials and endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your case. Attorney Ian Maguire, Office: 1601 North Oak Street, Myrtle Beach, SC 29577.
Last updated Thursday, May 28th, 2026
