(843) 361-7549
When a commercial truck accident occurs in South Carolina, understanding your legal rights can help you navigate the path toward recovery. Truck accidents often result in catastrophic injuries due to the size and weight disparity between commercial vehicles and passenger cars. This guide provides an overview of key South Carolina laws that govern truck accident claims, including time limits for filing, how fault is determined, and federal safety standards that apply to trucking companies.
Whether you’ve been injured in a collision with an 18-wheeler, delivery truck, or other commercial vehicle, knowing these legal frameworks can help you understand what to expect. Keep in mind this information is general and does not constitute legal advice for your specific situation.
Hurt in an Accident? Hire Maguire
Hurt? You Need Our Help
Give us a call for a FREE & CONFIDENTIAL Case Review*
Modified Comparative Negligence Explained
South Carolina follows a modified comparative negligence rule, specifically the 51-percent bar rule. This means that if you are found to be 51% or more at fault for the accident, you cannot recover compensation from other parties. However, if your fault is determined to be 50% or less, you can still pursue damages, though your recovery will be reduced by your percentage of fault.
For example, if you are awarded $100,000 in damages but are found to be 30% at fault, your final recovery would be $70,000. This rule emphasizes the importance of thorough investigation and evidence collection to accurately establish each party’s level of responsibility. Insurance companies often attempt to shift more blame onto accident victims, which can significantly impact the compensation available.
Our team investigates crash scenes, reviews police reports, analyzes trucking company records, and consults with accident reconstruction specialists to build a clear picture of what happened. This comprehensive approach can help protect your right to fair compensation.
How Long Do You Have to File a Claim?
In South Carolina, the statute of limitations for personal injury claims, including truck accidents, is three years from the date of the accident. This means you have three years to file a lawsuit in civil court. If you miss this deadline, you will likely lose your right to pursue compensation through the courts, regardless of how strong your case may be.
While three years may seem like a long time, accident cases require extensive preparation. Evidence must be gathered while it is still available, witness memories fade, physical evidence can disappear, and trucking companies are only required to preserve certain records for limited periods. Starting the legal process early allows your legal team to secure critical evidence and build the strongest possible case.
There are some exceptions to the three-year deadline. For instance, if the accident resulted in a fatality, the family may have three years from the date of death to file a wrongful death claim. Additionally, if the injured party is a minor, the statute of limitations may be tolled until they reach the age of majority. An attorney can help you determine the specific deadline that applies to your situation.
Related Article(s)
Who Is Liable for a Truck Accident?
Federal Motor Carrier Safety Regulations
Commercial trucking companies and their drivers must comply with a comprehensive set of federal safety regulations established by the Federal Motor Carrier Safety Administration (FMCSA). These regulations are designed to reduce accidents and protect all road users. When trucking companies or drivers violate these rules, they can be held liable for resulting accidents and injuries.
Key FMCSA regulations include:
- Hours-of-Service Rules: Drivers are limited in how many consecutive hours they can drive and must take mandatory rest breaks. Violations of these rules often lead to driver fatigue, a major cause of truck accidents.
- Vehicle Maintenance Standards: Trucking companies must regularly inspect, maintain, and repair their vehicles. Brake failures, tire blowouts, and other mechanical issues caused by poor maintenance can result in devastating crashes.
- Drug and Alcohol Testing: Commercial drivers are subject to random drug and alcohol testing, as well as testing after certain accidents. Impaired driving is never acceptable, especially for professional drivers operating massive vehicles.
- Driver Qualification Standards: Trucking companies must verify that drivers hold proper commercial licenses, complete required training, and maintain acceptable driving records.
- Cargo Securement Rules: Improperly loaded or secured cargo can shift during transport, causing the truck to become unstable or items to fall onto the roadway.
When building a truck accident case, attorneys often review electronic logging device (ELD) data, maintenance records, driver qualification files, and other documentation to identify potential regulatory violations. These violations can strengthen your claim and help demonstrate that the trucking company or driver failed to meet their legal obligations.
Truck Accident Lawyer? Hire Maguire
Give us a call for a FREE & CONFIDENTIAL Case Review*
(843) 361-7549Why Legal Deadlines Matter for Your Case
Time is critical in truck accident cases for several reasons. As mentioned earlier, South Carolina’s three-year statute of limitations sets a hard deadline for filing a lawsuit. However, practical considerations often require action much sooner than that.
Evidence preservation is paramount. Trucking companies typically store electronic data such as GPS records, ELD files, and dashcam footage for limited periods. Once this data is overwritten or deleted, it may be impossible to recover. An attorney can send a spoliation letter to the trucking company, legally requiring them to preserve evidence relevant to your claim.
Witness recollections also deteriorate over time. People who saw the accident or have relevant information may become harder to locate as months and years pass. Documenting witness statements early helps lock in their accounts while details are still fresh.
Physical evidence from the crash scene, such as skid marks, debris patterns, and road conditions, can change or disappear due to weather, road repairs, or traffic. Prompt investigation and documentation, often including photographs and measurements taken by experts, can capture this critical information before it’s lost.
Medical documentation is another time-sensitive factor. Ongoing medical treatment creates records that link your injuries directly to the accident. Gaps in treatment or delays in seeking care can be used by insurance companies to argue that your injuries were not serious or were caused by something else.
Finally, insurance claims often have their own deadlines separate from court filing deadlines. Notification requirements and claims processes vary by policy, and missing these internal deadlines can jeopardize your ability to recover compensation even if the statute of limitations hasn’t expired.
Key Milestones After a Truck Accident
Immediately After: Seek medical attention, document the scene with photos, exchange information with other parties, and report the accident to the police.
Within Days: Contact an attorney to discuss your case. Your legal team can begin preserving evidence, including sending spoliation letters to trucking companies.
Within Weeks: Complete initial medical evaluations, gather accident reports, and allow your attorney to investigate liability and damages.
Within Months: Continue medical treatment and follow your doctor’s recommendations. Your attorney will continue to gather evidence, consult with specialists, and potentially negotiate with insurance companies.
Within Three Years: File a lawsuit in civil court if a settlement cannot be reached. Missing this deadline typically means losing your right to compensation.
Understanding Your Options
Truck accident claims involve multiple parties, drivers, trucking companies, maintenance contractors, cargo loaders, and insurers, each of whom may share responsibility for what happened. South Carolina law, combined with federal trucking regulations, creates a framework for holding these parties accountable when their negligence causes harm.
If you or a family member has been injured in a truck accident, understanding the modified comparative negligence rule, the three-year statute of limitations, and the federal regulations that govern commercial trucking can help you make informed decisions about your case. Time-sensitive evidence and legal deadlines make it important to act promptly.
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 Monday, January 19th, 2026
