When a semi-truck crash happens, the damage can be catastrophic — not just to vehicles, but to lives. Victims often face severe injuries, months of medical treatment, and financial uncertainty.
One of the biggest questions people have after a truck wreck in South Carolina is: who can you actually sue?
Unlike typical car accidents, truck accident liability can extend far beyond the driver. Several parties might share fault, including the trucking company, the broker, the shipper, or even the maintenance shop that serviced the truck.
Understanding who’s responsible is key to recovering fair compensation.
Understanding Liability in South Carolina Truck Accidents
South Carolina follows a modified comparative negligence rule under S.C. Code § 15-38-15. This means you can recover damages as long as you’re less than 51% at fault for the crash. However, determining fault in a trucking accident often requires a detailed investigation — and sometimes, more than one party may share liability.
Let’s break down the potential defendants in a South Carolina semi-truck accident claim.
1. The Truck Driver
The truck driver is often the first person investigated after a collision. Drivers can be held personally responsible if they acted negligently or violated federal or state trucking regulations. Examples include:
- Driving while fatigued or exceeding federal hours-of-service limits
- Distracted driving (texting, using GPS, etc.)
- Speeding or following too closely
- Operating under the influence of drugs or alcohol
Even if the driver was at fault, their employer may also be held responsible under the legal doctrine of respondeat superior if the crash occurred during the scope of employment.
2. The Trucking Company or Carrier
The trucking company (or motor carrier) often bears a significant share of the blame. Carriers can be liable if they:
- Hire unqualified or unsafe drivers
- Fail to properly train their employees
- Encourage drivers to break hours-of-service rules to meet deadlines
- Neglect vehicle maintenance
Carriers are required under federal law (49 C.F.R. § 390 et seq.) to ensure their fleet is safe and compliant. If a trucking company cuts corners or pressures drivers to break safety rules, it can be held accountable.
3. The Freight Broker
A freight broker connects shippers with carriers, but their involvement can sometimes create liability. If the broker negligently hires an unsafe or unqualified trucking company, and that decision leads to an accident, they may share legal responsibility.
Courts in South Carolina will look at whether the broker exercised reasonable care in vetting the carrier’s safety record. This type of claim often requires deep knowledge of federal regulations and the Federal Motor Carrier Safety Administration (FMCSA) database.
4. The Shipper or Loading Company
Sometimes, the shipper or loading company contributes to a crash by improperly loading the cargo. Overloaded or unbalanced cargo can cause a truck to jackknife, roll over, or lose control. Under FMCSA cargo securement rules, those responsible for loading must ensure the cargo is safe and stable for transport.
If the evidence shows that improper loading caused or worsened the crash, the shipper or loader may be sued for negligence.
5. The Truck or Trailer Maintenance Shop
Trucks require constant maintenance and inspections. A maintenance shop or mechanic could be liable if a repair was done improperly or if a mechanical failure resulted from negligence — for example, failing to replace worn brakes or tires.
Under South Carolina negligence law, a repair shop has a duty to perform its work with reasonable care. When they fail, they can be held responsible for the consequences.
Why Multiple Parties May Share Fault
One of the most complex parts of a truck accident claim in South Carolina is that liability is rarely simple. A single crash might involve:
- A fatigued driver (personal fault)
- A trucking company that encouraged overtime (corporate fault)
- A broker that ignored poor safety ratings (contractual fault)
- A shipper that overloaded the truck (third-party fault)
Each of these entities may have separate insurance policies and legal teams. Having an experienced Charleston truck accident attorney can make a huge difference in identifying every liable party and pursuing full compensation.
Steps to Take After a South Carolina Truck Accident
If you’ve been injured in a semi-truck collision, here’s what to do right away:
- Call 911 and get immediate medical attention.
- Document everything — photos, witness information, and vehicle details.
- Do not give recorded statements to insurers without legal advice.
- Contact a truck accident lawyer who understands South Carolina trucking laws.
Your attorney can send preservation letters, collect black box data, and begin building a case before crucial evidence disappears.
Frequently Asked Questions (FAQ)
- Can I sue the trucking company even if the driver caused the crash?
Yes. Under South Carolina law, employers are often responsible for their employees’ actions while on the job. The trucking company may also be independently liable for negligent hiring or training.
- What if I was partially at fault?
You can still recover damages as long as you are less than 51% at fault, according to S.C. Code § 15-38-15. Your compensation will be reduced by your percentage of fault.
- How long do I have to file a truck accident lawsuit in South Carolina?
The statute of limitations is generally three years from the date of the crash under S.C. Code § 15-3-530.
- What damages can I recover?
Victims may seek compensation for medical bills, lost wages, pain and suffering, and property damage.
Talk to a South Carolina Truck Accident Lawyer Today
If you’ve been hurt in a semi-truck crash in South Carolina, don’t face the insurance companies alone. The team at Coastal Law, LLC helps accident victims across the Lowcountry fight for justice and fair compensation.
Contact Coastal Law today for a free consultation and learn how our truck accident attorneys can help you hold every responsible party accountable.
