Were you involved in a truck accident in South Carolina? Determining who is liable for the truck crash can be challenging. You need clear answers and a strong legal advocate.
The experienced truck accident lawyers at Jebaily Law Firm are ready to help you every step of the way. We’re prepared to fight for the accountability and compensation you deserve for injuries and other losses from a truck accident that was someone else’s fault.
Contact us today for a free initial consultation to get started.
What Is Truck Accident Liability?
The term “liability” refers to someone’s legal responsibility for their actions or inaction. When a party is liable, they are accountable for the consequences of their behavior, including any harm or damage they cause to others.
In the context of truck accidents, liability indicates who is at fault for the crash and must pay for the resulting injuries and damage. For example, liable parties may include the truck driver, trucking company, truck manufacturer, or even third parties like other drivers involved in the crash.
Each party has specific duties, such as following traffic regulations, maintaining vehicles, or manufacturing safe products. If any party fails in their duties and causes an accident, they could be financially liable for the consequences. Determining SC trucking accident liability is essential for seeking compensation in these cases.
The Importance of Identifying Liable Parties in SC Truck Accidents
Identifying all liable parties is vital to any South Carolina truck accident case. Multiple parties, such as the truck driver, their employer, the truck manufacturer, or the maintenance provider, often share liability in truck accident cases. When you identify each potentially responsible party, you obtain more opportunities to secure the compensation you deserve.
Depending on the circumstances, any of the following parties could be liable for a truck accident:
- Truck drivers – A commercial truck driver could be liable if they cause an accident by breaking traffic laws or driving negligently. For example, if the trucker speeds, drives under the influence, or fails to follow safety regulations, they could be responsible for the resulting injuries and damage.
- Trucking companies – A trucking company could be liable if it fails to maintain its vehicles properly or neglects to ensure adequate training and qualifications for its drivers. If a trucking company pressures drivers to exceed legal driving hours or overlooks vehicle maintenance, it can be responsible for accidents that result.
- Truck manufacturers – If a defect in a truck or its parts contributes to an accident, the manufacturer could be liable. An accident could result from defective truck parts, like faulty brakes, steering systems, or tires. If manufacturers fail to ensure the safety and reliability of their products, they must answer for the accidents these defects cause.
- Maintenance providers – A maintenance provider responsible for a truck’s upkeep can be liable if their negligence leads to an accident. For instance, if the provider performs substandard repairs or overlooks necessary maintenance, and this leads to a malfunction, they can be accountable for any resulting truck accidents.
- Cargo loaders – A truck’s cargo directly affects its stability and safety on the road. Improperly loaded cargo can shift during transit, leading to loss of control or rollovers. Cargo loaders can be liable if they improperly load a truck, causing weight imbalances or inadequate securement.
- Other drivers – Other drivers on the road can be liable if their actions cause or contribute to a truck accident. For instance, a car driver who cuts off a truck, drives recklessly, or fails to obey traffic signals can create hazardous conditions that lead to a collision.
- Government entities – Government entities can be liable if poor road conditions, inadequate signage, or faulty traffic signals contribute to a truck accident. If a local or state government fails to maintain roads or address known hazards, they can be responsible for truck accidents stemming from these issues.
Trucking Regulations in South Carolina
Trucking laws in SC aim to ensure the safety of both truck drivers and other road users. These rules cover various aspects of truck operation, including:
- Driver qualifications – Truck drivers must hold valid commercial driver’s licenses (CDLs). They must pass medical exams to prove they are physically fit to operate large vehicles and pass other training modules and tests to demonstrate their skills and knowledge.
- Drug and alcohol testing – Truck drivers are subject to strict drug and alcohol testing regulations. They must undergo pre-employment, random, post-accident, and reasonable suspicion testing. Any driver who tests positive cannot return to duty until they complete a rehabilitation program.
- Hours of service – Federal regulations limit a driver’s maximum time on duty to 11 hours after 10 consecutive hours off duty. They must not drive beyond the 14th hour after coming on duty following 10 consecutive hours off duty. There are also minimum daily break requirements and weekly limits to prevent fatigue.
- Vehicle maintenance – Trucking companies must regularly inspect, repair, and maintain their vehicles to keep them in safe working condition. They must also keep detailed records of all maintenance activities. These checks must include brakes, tires, lights, and other critical systems.
- Weight limits – Trucks must comply with weight limits to prevent road damage and ensure safety. A loaded truck’s maximum gross weight in South Carolina is generally 180,000 pounds or more for super loads. Trucks must also adhere to axle weight limits and distribution to avoid overloading.
- Load securement – Cargo must be properly secured to prevent shifting during transit. This includes using appropriate restraints and securing devices. Regulations specify the types and strengths of these devices to ensure loads remain stable and safe.
Types of Evidence That Can Be Used to Prove Fault for Truck Accidents
Proving liability in truck accident cases requires substantial evidence. Here are some examples of evidence attorneys may use to establish liability in truck accident cases:
- Witness statements
- Electronic logging device (ELD) data
- Vehicle maintenance records
- Photos and videos
- Black box data
- Medical records
- Expert testimony
- Truck driver training records
- Truck driver employment records
- Toxicology reports
- GPS and cell phone data
- Dispatch communication records
- Accident reconstruction reports
How Our Lawyers Can Work to Prove Liability in a Truck Crash
At Jebaily Law Firm, we have extensive experience handling South Carolina personal injury cases and know what it takes to prove liability. Our dedicated lawyers stand ready to gather evidence, speak with witnesses, and build a strong truck accident lawsuit to hold the responsible parties accountable. We will work tirelessly to secure the compensation you need for medical bills, lost wages, and more while you focus on your recovery.
Contact Jebaily Law Firm today for a free initial consultation, and let us help you demand the justice and financial support you deserve from the party responsible for harming you.
