Breaking Down Liability After an Accident with a Commercial Truck in South Carolina

Emily

Welcome back to The Brief, where we unpack the legal issues behind everyday headlines and real-world cases here in South Carolina.

James

Today, we’re exploring a topic that resonates deeply in a state where business and population growth is thriving, leading to an increase in both commercial trucks and regular commuters on our roads and highways.

Emily

In 2022, there were five thousand eight hundred and thirty seven 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 has increased by 24 percent over the past 10 years.

James

Today, we’re talking about trucking accidents and why they’re nothing like a regular car accident. When a truck accident results in catastrophic injuries or fatalities, legal liability can become more complex.

Emily

Trucking companies can be held accountable for negligence, particularly when poor hiring practices, inadequate training, or violations of safety regulations are involved.

James

But trucking operators are taking notice and rest assured, are working hard behind the scenes to reduce, and even eliminate, their liability.

Emily

Obviously, the scale and impact of an accident are much different when a tractor-trailer is involved.

James

According to data from the National Safety Council, over the last 15 years, more than 70% of people killed in large-truck accidents every year are occupants of other vehicles. Closer to home, the South Carolina Traffic Collision Fact Sheet, in 2020, noted that commercial vehicle collisions accounted for 2.1% of total crashes in South Carolina, but were 9.4% of total fatal traffic collisions.

Emily

What we’re discussing today is the liability implications of an accident involving a commercial truck, particularly when it is at fault.

James

Trucking accidents are among the most complex cases handled by the team at Bannister, Wyatt, and Stalvey. They often involve multiple layers of responsibility, and every one of those parties has a team ready to go the second an accident is reported.

Emily

Within hours, the trucking company can dispatch investigators, contact witnesses, and start building their version of the story, often before the victim has even made it home from the hospital.

James

Their goal is simple....to limit financial exposure.

Emily

So, when you’re investigating a trucking case, who’s actually on the hook?

James

It’s rarely just the driver. Let’s walk through the list.

Emily

Okay, but let’s start with that obvious one — the truck driver.

James

If the driver was speeding, distracted, or driving while fatigued, they can absolutely be held liable. Nationally, fatigue plays a role in about 13% of truck accidents. And more than a third of fatal truck crashes in South Carolina happen at night — between 6 p.m. and 6 a.m.

Emily

So, you have driver error and/or negligence. But what about the trucking company itself?

James

That’s often where the bigger story lies. Companies can be held responsible if they pressure drivers to violate hours-of-service rules, neglect maintenance, or cut corners on training.

Emily

The FMCSA — that’s the Federal Motor Carrier Safety Administration — reduced the number of hours a trucker can work and requires breaks. But violations still happen. And in legal proceedings, those violations are often the difference between a settlement and a seven-figure verdict.

James

And then there’s actual ownership? Sometimes the truck isn’t even owned by the same company that employs the driver.

Emily

When that’s the case, the truck owner can be held liable for failing to maintain the vehicle. Federal data shows that vehicle defects are a factor in about 10% of truck crashes — most often associated with brakes, tires, or cargo issues.

James

The following three potential liable parties are less obvious.

Emily

Let’s start with the cargo companies — these are the organizations responsible for loading and unloading the trucks.

James

Improperly loaded or unsecured cargo can make a truck unstable and cause a rollover or jackknife. The percentages may look small — around 4% to 7% of all truck accidents — but those cases are usually catastrophic. Proving fault in those situations takes experience and access to specialized experts.

Emily

And what about when the problem isn’t the cargo or the driver, but the truck itself?

James

Then we look at the manufacturer. If a defective part fails — brakes, tires, or steering — that manufacturer can be held accountable. The FMCSA found that nearly one-third of all trucks inspected after an accident had brake problems, and more than 45% of those defects directly contributed to the crash.

Emily

So, when you add in maintenance providers who skip inspections or make shoddy repairs, it’s a web of liability. In one study from the Insurance Institute for Highway Safety, 42% of crash-involved trucks had brake defects, and 55% had at least one mechanical violation. Nearly 30% should’ve been removed from service altogether. Those numbers tell you this isn’t about bad luck or undiagnosed wear and tear — it’s about negligence.

James

You mentioned earlier that trucking companies move fast after a crash. What can victims do to keep up?

Emily

They need to move just as fast — and ideally, have an attorney handling the process for them. In South Carolina, you generally have three years to file a personal injury claim, but you don’t have three years to secure the evidence.

James

Driver logs, black-box data, and maintenance records can disappear within days. The trucking company has a head start, and if you wait too long, that information can be lost for good.

Emily

So, the clock isn’t really about filing — it’s about preserving the truth.

James

Exactly. The sooner one of our attorneys is involved, the more likely we can uncover what really happened and hold the right parties accountable.

Emily

And don’t forget, 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.

James

Guess what? Proving fault will be key to your case. The team at Bannister, Wyatt & Stalvey has seen it over and over: 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.

Emily

It sounds like trucking cases are as much about uncovering what happened after the crash as what happened before it.

James

That’s exactly right. These cases are built on details — who owned the truck, who maintained it, what the driver’s logs show, and how quickly the company reacted. Every piece matters.

Emily

So, it's critical for victims to choose the right attorney to support thier case. Let's talk about what we think victims should evaluate when selecting a lawyer to represent them.

James

Without a doubt, number one for me is 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.

Emily

For me it's knowledge of trucking laws. They should be thoroughly familiar with federal and state regulations.

James

Access to expert resources. A strong attorney will have accident reconstruction experts and medical professionals on hand.

Emily

Trial experience. If the trucking company won’t settle, you need someone ready to fight in court.

James

No upfront fees. The best attorneys work on contingency—you don’t pay unless you win.

Emily

Free consultations. A good lawyer will review your case at no charge.

James

Allright....that's a wrap. Remember, the sooner you have an advocate on your side after the accident, the stronger your case becomes. At Bannister, Wyatt & Stalvey, our goal is simple: to make sure your story gets told before someone else’s legal team rewrites it.

Emily

These cases are complex, but at their core, they’re about people trying to rebuild after something devastating. If you’ve been injured in a commercial trucking accident, reach out. The conversation costs nothing — but it could protect everything.