By Alex Stalvey
Trucking accidents are complicated. If you’ve been in one, you’re dealing with injuries, medical bills, and insurance companies that don’t want to pay a fair settlement. Unlike a typical car crash, these cases involve multiple parties, strict regulations, and aggressive legal teams experienced in securing results for their clients.
Trucking accidents are also getting worse. In 2022, there were 5,837 fatal truck crashes in the U.S., a 49 percent increase over the last decade. The rate of large trucks involved in fatal accidents per million miles traveled is up 24 percent in the past 10 years. Some states are hit harder than others—Wyoming, for example, has the highest truck crash rate per capita.
State laws will impact your case if the crash happened in South Carolina. South Carolina follows a modified comparative negligence rule, meaning you can only recover damages if you’re 50 percent or less at fault. Your percentage of fault reduces any compensation. If you’re more than 50 percent responsible, you get nothing.
Employers can also be held liable under vicarious liability laws. If the truck driver was working at the time, their employer may be responsible. There’s also a three-year statute of limitations for filing a claim—wait too long, and you lose your right to compensation.
Liability in trucking accidents isn’t simple. Multiple parties could be responsible:
- The truck driver: If they were speeding, distracted, fatigued, or under the influence, they’re at fault.
- The trucking company: If they pushed drivers beyond legal hours, skipped maintenance, or failed to train their drivers properly, they could be liable.
- The truck owner: If a separate company owns the truck, they might be responsible for mechanical failures.
- The cargo loaders: Improperly loaded cargo can cause accidents. If shifting weight contributed to the crash, they could be at fault.
- The manufacturer: If defective brakes, tires, or other parts played a role, the manufacturer might be liable.
- Maintenance providers: They could share the blame if improper repairs or missed inspections led to a crash.
- Other drivers: Sometimes, reckless driving by another vehicle forces a truck into an unavoidable accident.
Finding the right attorney matters. Trucking cases aren’t like standard car accidents. You need someone with experience navigating federal regulations, multiple liable parties, and complex insurance policies.
These steps help you identify the best attorney to lead your legal pursuit.
- Experience with trucking cases. Not all personal injury attorneys handle them. Ask how many they’ve won, what they’ve learned through the years, and what specific strategies they have created.
- Knowledge of trucking laws. They should know federal and state regulations inside out.
- Access to expert resources. A strong attorney will have accident reconstruction experts and medical professionals on hand.
- Trial experience. If the trucking company won’t settle, you need someone ready to fight in court.
- Strong client results. Look at past verdicts and settlements.
- There are no upfront fees. The best attorneys work on contingency—you don’t pay unless you win.
- Free consultations. A good lawyer will review your case at no charge.
And I see it all the time: Trucking companies and their insurers will do everything possible to limit what they pay. Having the right attorney levels the playing field and gives you the best chance of securing fair compensation.
We check all these boxes. I have handled complex trucking accident cases, understand the laws that impact your claim, and have the resources to take on trucking companies and their insurers. If you’ve been in an accident, you need a strong and experienced advocate by your side. Reach out, and let’s talk about your case.
