A collision with a commercial truck is nothing like a typical car accident. The sheer size and weight of an 18-wheeler can turn even a minor crash into a devastating event, leaving victims with severe injuries, overwhelming medical bills, and uncertainty about what comes next. If you or a loved one has been injured in a truck accident in South Carolina, it’s critical to understand who is responsible and how you can pursue full compensation for your losses.
Unlike car accidents, where fault typically lies with one of the drivers involved, truck accidents often involve multiple liable parties—from the truck driver to the trucking company, cargo loaders, or even manufacturers of defective truck parts. That’s why a thorough investigation is necessary to determine who should be held accountable.
Determining liability in a truck accident
Truck accidents often result in complex claims since they can involve multiple parties. The responsible party may not always be the truck driver. Liability could fall on one or more of the following:
- The truck driver – If the trucker was speeding, distracted, fatigued, or under the influence, they may be at fault. Failure to follow traffic laws, reckless driving, or ignoring weather-related precautions can also contribute to liability.
- The trucking company – Trucking companies are responsible for ensuring their drivers follow safety regulations. If they push drivers to exceed legal hours, fail to conduct proper background checks, or neglect maintenance on their fleet, they could be held liable.
- The cargo loaders – Improperly loaded or unsecured cargo can lead to dangerous situations on the road. If a truck's cargo is not properly distributed or secured, it can cause the truck to become unstable, increasing the likelihood of an accident.
- The truck manufacturer or parts manufacturer – If a mechanical defect, such as faulty brakes, defective tires, or a malfunctioning steering system, caused the crash, the manufacturer of the truck or its parts may be liable.
- Maintenance and repair companies – Many trucking companies outsource maintenance to third-party repair shops. If a maintenance company fails to inspect or repair critical components of the truck properly, they might be responsible for the accident.
- Other drivers – Another vehicle’s reckless driving sometimes forces a truck into an unavoidable crash. In these situations, the negligent driver may share responsibility for the accident.
Since many different parties can be involved, proving liability in a truck accident often requires a thorough investigation. An experienced truck accident attorney can gather crucial evidence, analyze it, interview witnesses, and work with experts to help you seek the compensation you deserve.
How is compensation calculated in a truck accident case?
If you’ve been injured in a truck accident, compensation can vary depending on several key factors. A fair settlement should reflect the full impact the accident has had on your life. Several factors determine how much compensation you may receive after a truck accident. These include:
- Severity of injuries
- Medical costs
- Lost income
- Pain and suffering
- Impact on daily life
- Degree of fault
An experienced truck accident attorney can assess these factors and fight for the maximum compensation you need and deserve to move forward.
How insurance companies try to minimize claims
Trucking companies and insurance providers work aggressively to minimize payouts after an accident. Since commercial truck insurance policies often carry multi-million dollar coverage limits, insurers will look for ways to shift blame onto the victim or other parties. Some of the common tactics they use include:
Blaming the victim
Insurance companies may argue that the injured party was partially at fault, attempting to reduce the payout through South Carolina's modified comparative negligence laws.
1. Disputing medical costs
They may question the necessity of certain medical treatments or argue that injuries were pre-existing.
2. Delaying settlements
Some insurers intentionally drag out the claims process, hoping victims will accept a lower settlement out of financial desperation.
3. Destroying or hiding evidence
Trucking companies may fail to preserve key evidence, such as driver logs or truck maintenance records, that could prove liability.
An experienced truck accident attorney knows how to counter these tactics and fight for the full compensation you deserve. By gathering evidence, working with accident reconstruction experts, and negotiating aggressively with insurance companies, a lawyer can level the playing field and protect your rights.
Our South Carolina truck accident lawyers can help
Recovering from a serious truck accident isn’t just about healing physically—it’s about securing the financial support you need to move forward. At Johnson + Johnson Attorneys at Law, we understand the complexities of truck accident cases and insurance companies' tactics to avoid paying victims what they deserve. That's why we fight tirelessly to hold negligent trucking companies, drivers, and insurers accountable.
If you or a loved one has been injured in a South Carolina truck accident, don’t wait to take legal action. Contact us today for a free consultation, and let us fight for the maximum compensation you deserve. You focus on healing—we’ll handle the rest.
"They were super fast when responding to my questions, and their entire staff is amazing. But most importantly they have your best interest at heart and will give you honest answers!!!!!!!! I highly recommend them!!" — Barrett N., ⭐⭐⭐⭐⭐
