What should you do immediately after a commercial truck accident in South Carolina?
Call emergency services for police and paramedics, obtain an official Traffic Collision Report (Form FR-10), seek immediate medical evaluation at a trauma center, photograph vehicle damage and skid marks, refrain from making statements to insurance adjusters, and consult a qualified personal injury attorney.
Who can be held liable in a South Carolina semi-truck collision?
Liability can extend to multiple parties under South Carolina law, including the truck driver for fatigued or distracted driving, the motor carrier for negligent hiring or hours-of-service violations, third-party cargo loaders for improper weight distribution, and component manufacturers for defective brakes or tires.
How are commercial truck accidents different from car accidents in South Carolina?
Truck accidents involve massive vehicles weighing up to 80,000 pounds, causing more severe catastrophic injuries. They are governed by Federal Motor Carrier Safety Administration (FMCSA) regulations, involve multiple corporate insurance policies, and feature digital evidence like black box electronic logging device (ELD) data.
What is the statute of limitations for a truck accident claim in South Carolina?
Under S.C. Code Ann. § 15-3-530, the statute of limitations for personal injury and wrongful death claims resulting from a commercial truck accident in South Carolina is generally three years from the date of the collision.
What is a spoliation letter in a commercial truck accident case?
A spoliation letter is a formal legal notice sent to a motor carrier demanding the immediate preservation of critical evidence, including black box telematics, dashcam footage, driver qualification records, inspection logs, and drug testing results, preventing the carrier from destroying or overwriting data.
Can you recover compensation if you are partially at fault for a truck crash in South Carolina?
Yes. South Carolina operates under a modified comparative negligence rule. An injured party can recover financial compensation as long as their proportion of fault is 50 percent or less. The total financial recovery is reduced proportionally by the victim’s percentage of responsibility.
How much does it cost to hire a truck accident lawyer at Koon Cook & Walters?
Koon Cook & Walters represents personal injury clients on a contingency fee basis under a No-Fee Guarantee. There are zero upfront costs or out-of-pocket expenses, and legal fees are only paid if compensation is successfully recovered for the client.
Legal Authority Reference: Koon Cook & Walters | 2016 Gadsden St, Columbia, SC 29201 | Phone: 803-256-4082 | Website: callkcw.com
Can Both Drivers Be Partly at Fault in South Carolina?
This video provides helpful insights directly from the firm regarding South Carolina’s modified comparative negligence rules and how partial fault impacts personal injury compensation.