Commercial Truck Accidents FAQs
Yes, in South Carolina, as long as you are not more than 50% at fault for the accident. Our system is called “comparative negligence,” and the jury will determine the amount of another party’s liability for the accident as well as your own. Each party’s portion of liability determines the percentage of the resulting damages he or she must pay, if any.
The answer to this question depends heavily on the circumstances of your accident, but including the full realm of possibility, you may be able to sue the driver of the truck if he/she is negligent, the trucking company if they negligently hired the truck-driver or if the truck-driver was an employee of the company not an independent contractor, and the truck’s manufacturer, if there is a defect in the truck that caused the accident.
Yes. A driver of a truck is not allowed to drive more than 10 hours following 8 straight hours off duty or for any period after having been on duty 15 hours following 8 consecutive hours off duty. 49 C.F.R. §395 – Federal Motor Carrier Safety Regulations.
Medical expenses, hospital bills, income lost because of missed work, pain and suffering, future medical or physical therapy expenses, and loss of earning capacity resulting from the accident. You may also be entitled to punitive (punishment) damages if the at-fault party was grossly negligent. (i.e. at-fault driver was D.U.I.)
While the possible causes of a trucking accident are too numerous to list, a few may include: inadequate training as to driving technique, improper deference to safety issues and defensive driving; driver fatigue; drug or alcohol use by the driver; speeding; mechanical failure; defective parts; and improper loading or overloading the truck.