Truck accidents on South Carolina highways often result in catastrophic injuries, massive medical bills, and months of lost wages. Unlike a typical passenger car accident, these cases involve complex federal regulations and multiple corporate entities. Our Camden truck accident lawyers prioritize getting you the facts so you can protect your legal rights.
Understanding the specific laws in South Carolina is the first step toward recovery. Our local experience allows us to address the unique challenges of these accidents. We focus on the details of your case so you can focus on your health.
Why Trucking Companies Deny Liability After an Accident
Trucking companies and their insurance carriers often begin building a defense before the wreckage is even cleared from the road. Denying liability is a standard financial strategy used to protect their bottom line.
Federal law requires most interstate carriers to hold at least $750,000 in liability coverage, so insurers have a direct financial reason to reject or minimize every claim.
Insurance adjusters may attempt to contact you shortly after the crash. Their goal is often to secure a recorded statement that shifts blame onto you or suggests your injuries are not severe. Common tactics include:
- Blaming the injured driver for the collision,
- Arguing the truck driver was an independent contractor,
- Disputing injury severity, and
- Pressuring victims into quick settlements.
Under South Carolina’s modified comparative negligence rule, if you are found to be more than 50% at fault, you cannot recover any damages. By denying liability, the trucking company aims to push your percentage of fault higher to reduce or eliminate their payout.
Understanding Truck Accident Liability: Who Can Be Responsible?
Determining who is liable in a truck accident requires an investigation into several parties. Liability is rarely limited to just the driver. In South Carolina, several entities can be held accountable depending on the cause of the crash:
The Trucking Company (Carrier)
Under the legal doctrine of respondeat superior, employers are responsible for the actions of their drivers. Carriers can also be liable for negligent hiring, failure to train, or forcing drivers to exceed Hours of Service (HOS) limits set by the Federal Motor Carrier Safety Administration (FMCSA).
The Truck Driver
Drivers are liable for traffic violations, driving under the influence, or distracted driving.
The Owner of the Truck or Trailer
Sometimes, the tractor and the trailer are owned by different companies. If a mechanical failure occurs, the owner responsible for maintenance may be at fault.
Loading Companies
If cargo shifts during transit and causes a rollover, the third-party company that loaded the trailer may face truck accident liability.
Maintenance Providers
If a third-party shop performed faulty brake work or signed off on an inspection that should have taken the truck off the road, that company may share liability.
Parts Manufacturers
South Carolina product liability law allows claims against manufacturers of defective truck components, including tires, brakes, and steering systems.
Evidence That Can Prove Truck Accident Liability
Proving truck accident liability requires time-sensitive evidence that goes beyond a standard car accident case, much of it held by the trucking company.
Key evidence includes the truck’s electronic logging device (ELD) data, which shows whether the driver exceeded legal limits. GPS and telematics data reveal speed, braking patterns, and location at the time of impact.
Driver qualification files contain training history and drug testing records. Vehicle maintenance logs matter too, since gaps or deferred repairs can point to negligence.
Other useful evidence includes the police crash report, dashcam footage, and witness statements. Trucking companies only retain electronic records for limited periods, so an attorney should send a spoliation letter early to require the carrier to preserve this data.
How a Camden Trucking Accident Lawyer Can Help
After a collision with a commercial vehicle, an attorney from Savage, Royall & Sheheen, LLP can provide the specific legal actions required to hold a trucking company accountable.
Issuing Spoliation Letters to Preserve Evidence
Trucking companies often follow internal data retention policies that allow them to overwrite electronic logs or repair vehicles shortly after an accident. A lawyer immediately sends a “spoliation letter,” which is a legal notice that compels the company to preserve the truck’s “black box” data, driver cell phone records, and maintenance history.
Determining Who Is Liable in a Truck Accident
A lawyer investigates the relationships between the driver, the carrier, the trailer owner, and the cargo loaders. By identifying every party that shares truck accident liability, your legal team can access multiple insurance policies to ensure your total damages are covered.
Analyzing Federal Motor Carrier Safety Administration (FMCSA) Violations
Commercial drivers must follow strict federal laws regarding “Hours of Service” to prevent driver fatigue. A Camden lawyer reviews the driver’s logs against GPS data and fuel receipts to find discrepancies. Proving that a driver was pressured to skip rest breaks is a powerful tool when a company is denying liability.
Managing High-Stakes Insurance Negotiations
Having a lawyer means all communication goes through a professional advocate who understands their tactics and can prevent you from making statements that jeopardize your compensation.
Negotiation and Trial
Most cases are settled out of court, and a lawyer works to get a fair amount for your pain and suffering. If the insurance company refuses to pay a fair amount, your lawyer will take the case to trial.
Contact Our Camden Trucking Accident Lawyer
If a trucking company is denying liability for your accident or an insurer has offered a settlement that does not cover your losses, talk to Savage, Royall & Sheheen, LLP before you sign anything. The sooner we get involved, the better our chances of preserving evidence and building a strong case.
Contact us today at 803-432-4391 to schedule a free consultation with a Camden trucking accident lawyer who will fight for the full compensation you are owed.