By Alex Stalvey
At first glance, a trucking accident might seem straightforward. You were hit, you were hurt, and it’s clear who was at fault and who should be liable. But when it comes to assigning liability after an accident with a commercial truck, things are rarely that simple.
In reality, trucking accidents often involve multiple layers of responsibility, and each potentially liable party has a playbook ready to activate the moment an accident happens. Within hours, companies can dispatch investigators, contact witnesses, secure key evidence, and start shaping a version of events that limits their financial exposure.
This is especially true when the accident results in a fatality. Sadly, 72 percent of people killed in large-truck accidents were occupants of other vehicles, according to this 2021 study from the National Highway Traffic Safety Administration (“NHTSA”). In 2020, commercial vehicle collisions made up only two percent of all crashes in South Carolina. Yet, they accounted for more than nine percent of the state’s fatal traffic collisions, highlighting how disproportionately deadly these incidents are.
If you’ve been in a serious truck accident in South Carolina, you’re likely focused on your injuries, medical bills, and how to get your life back on track. Meanwhile, the other side is already working to minimize what they owe. Identifying all liable parties quickly and understanding the role each played is one of the most critical steps in protecting your rights and securing fair compensation.
Have you been in an accident and need to speak with an attorney? Contact us today for a free consultation.
Below, we break down the main parties who may be held responsible, along with South Carolina-specific trucking accident statistics that show just how often these scenarios happen.
The Truck Driver
If the driver was speeding, distracted, fatigued, or impaired, they can be held directly responsible under South Carolina personal injury law. Nationally, fatigue is a factor in about 13 percent of truck accidents, according to the Federal Motor Carrier Safety Administration (“FMCSA”).
More than 35 percent of fatal accidents involving large trucks in South Carolina occur during the evening hours between 6 p.m. and 6 a.m., according to NHTSA.
The Trucking Company
Trucking companies can be liable if they pressure drivers to break hours-of-service rules, skip maintenance, or fail to train employees properly. We’ve successfully argued that these unsafe practices have led to devastating consequences. An NHTSA study revealed driver fatigue is considered to be a factor in 30 to 40 percent of all truck accidents. But we’ve seen in legal proceedings that it is possible these drivers were under pressure from the trucking company to violate the rules.
The FMCSA has reduced the maximum number of hours a trucker can work by 12 hours. And drivers are now required to take a break of at least 30 minutes after working eight hours. Nevertheless, violations still occur, and this is frequently a point of contention that is brought up at the negotiating table or in the courtroom.
The Truck Owner
When the truck is owned by a company other than the one operating it, that owner is responsible for keeping it in safe working condition. Federal crash data shows vehicle defects are a factor in about 10 percent of truck crashes, with brakes, tires, and cargo issues among the leading causes.
Cargo Loaders
Improperly loaded or unsecured cargo can make a truck unstable and more likely to roll over or jackknife. Occasionally, the equipment used for securing is defective and can have little to nothing to do with the driver of the vehicle, depending on the circumstances.
While a few sources indicate that only four to seven percent of all truck accidents are cargo-related, these accidents are almost always severe. While the percentages are low, identifying malfeasance and assigning proper liability in these types of cases requires a skilled attorney.
The Manufacturer
If a defective part, such as brakes, tires, or steering components, fails, the manufacturer may be liable. In a comprehensive study, the FMCSA found that brake failure is the single most common equipment problem in truck crashes. It noted that 32.7 percent of trucks inspected after an accident had brake problems, directly contributing to 45.5 percent of accidents.
Brakes aren’t the only issue. Lighting system violations, including headlights and turn signals, account for about 20 percent of all equipment violations, and tire failures make up 14.5 percent of violations, as noted in FMCSA accident data.
The study went on to show that many of these defects were severe enough that the truck should have been removed from service if caught earlier.
Maintenance Providers
If repairs are done incorrectly or inspections are skipped, the maintenance provider could share liability. Research from the Insurance Institute for Highway Safety (“IIHS”) found that 42 percent of crash-involved trucks had brake defects in one study, and 55 percent had at least one mechanical violation in another. Nearly 30 percent had a violation so severe that the truck should have been removed from service immediately.
Why Acting Quickly After a South Carolina Truck Accident Matters
In South Carolina, you generally have three years from the date of the accident to file a personal injury claim. But in trucking cases, any delay in recovering evidence after an accident can negatively impact your ability to establish liability. Driver logs, black box data, and maintenance records can disappear fast because trucking companies and insurers will move quickly after an accident to reduce their liability.
Talk to a South Carolina Truck Accident Attorney Today
If you’ve been in a trucking accident in South Carolina and you don’t have a firm legal strategy, reach out to us immediately. We have the experience, resources, and determination to investigate every angle, hold the right parties accountable, and fight for the compensation you deserve.
Ready to speak with an attorney? Contact us today for a free consultation.
