Truck Accident Attorneys in Columbia, SC

Someone is either seriously injured or killed every 16 minutes in a trucking accident in the United States. Because of the significant damage and injury that can ensue from a trucking accident, lawmakers have created separate rules and regulations that apply to this industry.

The legal issues involving truck crashes can be vastly different than those for a car accident, and this is why it is important to work with an experienced South Carolina truck accident attorney if you’ve been injured or suffered a loss from one of these tragic events.

At Peake & Fowler, our personal injury attorneys understand the intricate nature of these cases. We have extensive experience successfully representing clients who have been injured in truck accidents in South Carolina, and we work closely with our clients to provide the strong personalized representation they need and deserve. You and your loved ones can rely on the personal service and aggressive representation of our attorneys to fight for full and fair compensation from the accident.

How Common are Truck Accidents?

There is a serious truck accident in South Carolina roughly every three to four days. Close to 10% of all accident-related fatalities involve large trucks, but just 4% of all vehicles are registered as trucks. When trucks are involved in crashes, most of the time it is a multi-vehicle accident.

Because trucks are so large, it is often the other vehicles and their occupants who sustain the most damage. In fact, of those who are killed in trucking accidents, approximately 67% are occupants of cars and other passenger vehicles, while 16% are occupants of large commercial trucks. Another 15% are motorcyclists, bicyclists, and pedestrians.

Trucks are classified by the NHTSA as being vehicles with a gross vehicle weight rating (GVWR) of 10,000 pounds or more. A majority (86%) of truck accidents involve trucks that weigh more than 26,000 pounds, and many 18-wheelers can weigh upwards of 80,000 pounds or more when they are fully loaded and they are involved in a collision.

Possible Causes of Truck Accidents in South Carolina

Truck accidents are devastating events that often result in severe injuries and fatalities due to the sheer size and weight of commercial vehicles. While numerous factors can contribute to these crashes, the vast majority are preventable.

When trucking companies, truck drivers, or other parties involved in the logistics chain fail to uphold their responsibilities, the consequences can be catastrophic. Understanding the common causes of truck accidents is important for both prevention and for individuals seeking justice after such a collision.

Driver-Related Factors

A significant portion of truck accidents can be attributed to the actions, or inactions, of the truck driver. The demanding nature of the job, coupled with various pressures, can lead to risky behaviors behind the wheel.

Distracted Driving

In today’s hyper-connected world, distracted driving has emerged as a pervasive threat on our roads. This is particularly true for truck drivers, who spend long hours navigating complex traffic situations.

Distracted driving encompasses any activity that diverts a driver’s attention from the primary task of operating a vehicle. This can include talking on a cell phone, texting, eating, adjusting a GPS, or interacting with in-cab technology. The allure of smartphones, in particular, poses a grave danger, as they can completely engross a driver, pulling their focus away from the road where it is desperately needed.

When a large commercial truck, weighing tens of thousands of pounds, is operated by a distracted driver, the potential for a catastrophic accident skyrockles. The sheer momentum and braking distance required for these vehicles mean that even a momentary lapse in attention can lead to a devastating collision, leaving little time for evasive action.

Fatigued Driving

Despite stringent federal regulations governing the hours of service for truck drivers, fatigued driving remains a pervasive and alarming problem. Truckers are often under immense pressure to meet tight delivery deadlines, which can incentivize them to exceed legal driving limits or operate when they are not adequately rested.

The consequences of fatigued driving are dire. A drowsy driver can experience impaired judgment, slowed reaction times, and reduced awareness of their surroundings, mimicking the effects of alcohol impairment. Even more perilously, fatigued drivers can experience microsleeps, brief involuntary periods of sleep where they momentarily lose consciousness.

These brief episodes can lead to a truck veering off the road, crossing the center line, or failing to react to changing traffic conditions, often resulting in head-on collisions or other severe accidents. Many drivers are unaware of the precise moment they transition from being extremely tired to actually falling asleep, making this a particularly insidious hazard on the road.

Speeding

The relentless pursuit of meeting tight schedules and delivery quotas can unfortunately lead truck drivers to engage in speeding or driving too fast for prevailing road and weather conditions.

The Federal Motor Carrier Safety Administration (FMCSA) consistently identifies speeding as a leading driver-related factor in truck crashes. The kinetic energy involved in a collision increases exponentially with speed, meaning that even a slight increase in speed can dramatically amplify the severity of injuries and property damage in a crash.

When a massive commercial truck is traveling at excessive speeds, its stopping distance significantly increases, making it nearly impossible to avoid obstacles or react to sudden changes in traffic. The impact of such a high-speed collision with a smaller passenger vehicle can be catastrophic, often resulting in fatalities or life-altering injuries for those in the smaller vehicle.

Driving Under the Influence (DUI)

Despite strict laws and severe penalties, driving under the influence of alcohol or drugs continues to contribute to truck accidents.

The high-stress nature of the trucking profession can, for some individuals, lead to substance abuse as a coping mechanism. Truckers may turn to alcohol, prescription medications (misused), or illegal drugs to “take the edge off” or stay awake during long hauls.

However, chemical impairment profoundly degrades a driver’s ability to operate a vehicle safely. It impairs judgment, coordination, reaction time, and perception, drastically increasing the likelihood of an accident. The consequences of a DUI truck accident are particularly devastating due to the size and weight of the vehicle, often leading to severe injuries or fatalities for innocent victims.

Vehicle and Equipment-Related Factors

Beyond driver behavior, issues with the truck itself can also be direct causes of accidents. Proper maintenance and loading are crucial for safe operation.

Unbalanced Loads

The safe operation of a commercial truck is highly dependent on the proper distribution and securement of its cargo. Trucking and shipping industry personnel are well aware that loads must be appropriately dispersed to maintain the vehicle’s stability and handling characteristics. If a load is excessive for the vehicle’s capacity, or if it is not properly balanced and secured, it can create a profound hazard.

An unbalanced load can shift during transit, altering the truck’s center of gravity and making it incredibly difficult to maneuver, especially during turns or braking. This can lead to rollovers, loss of control, or jackknife accidents. Similarly, an overloaded truck may experience increased braking distances and excessive wear on its components, further contributing to accident risk.

Mechanical Failure

Commercial trucks endure immense wear and tear due to the extensive mileage they accrue. This constant use necessitates rigorous and consistent maintenance and inspections.

Unfortunately, sometimes trucks do not receive the adequate care they require, or a faulty part may fail prematurely due to heavy use or manufacturing defects. Mechanical failures can range from tire blowouts, brake failures, steering system malfunctions, or problems with the transmission.

Any of these issues, occurring at highway speeds, can lead to a sudden and catastrophic loss of control, making it impossible for the driver to prevent an accident. The consequences can be devastating, highlighting the critical importance of regular, thorough maintenance checks and adherence to safety protocols for all trucking companies.

Other Contributing Factors

Beyond driver and vehicle-specific issues, other circumstances can contribute to truck accidents, highlighting the complex interplay of factors in these incidents.

Poor Driver Training

The current national truck driver shortage has created an unfortunate pressure on trucking companies to quickly fill vacancies. In some instances, this can lead to companies hiring inexperienced drivers or failing to provide adequate training.

Operating a large commercial truck requires specialized skills, extensive knowledge of regulations, and the ability to handle challenging road conditions. If trucking companies place inadequately trained or inexperienced drivers on the road, it significantly elevates the risk of severe accidents.

These drivers may lack the necessary judgment, defensive driving skills, or understanding of truck dynamics to safely navigate complex situations, leading to errors that result in collisions.

Jackknife Accidents

Jackknife accidents are a particularly dangerous type of truck accident that occurs when the trailer of a semi-truck swings out to form an acute angle with the cab, resembling a folding pocketknife.

These accidents typically happen when a truck driver is forced to brake suddenly and heavily, often due to following too closely, speeding, or encountering an unexpected obstruction.

Because trucks require significantly more distance to stop than passenger vehicles, abrupt braking can cause the trailer wheels to lock up, leading to a loss of traction. When the trailer loses traction, it can swing violently to one side, trapping or crushing vehicles in adjacent lanes or even causing the truck to overturn. The immense force involved in a jackknife can lead to catastrophic damage and severe injuries.

Under-ride and Over-ride Accidents

Under-ride and over-ride accidents are horrifying types of truck collisions that often result in fatalities.

An under-ride accident occurs when a smaller passenger vehicle collides with the rear or side of a large truck and slides “under” the truck’s trailer. This can happen if the truck is stopped or moving slowly, and the car’s driver fails to see it or react in time.

The impact often shears off the top of the passenger vehicle, leading to severe or fatal injuries to its occupants. Conversely, an over-ride accident occurs when a large truck climbs “over” a smaller car, effectively crushing it.

Both types of accidents can be caused by factors such as following too closely, speeding, mechanical failure, or other forms of careless operation where the truck driver fails to maintain adequate control or awareness of their surroundings.

Drowsy Driving: A Major Concern in South Carolina

As noted, the issue of drowsy driving among truck drivers is a critical concern that frequently contributes to truck accidents across the nation, and specifically in states like South Carolina.

The reality of the trucking profession often involves long hours, tight delivery schedules, and the pressure to drive through the night, all of which can lead to severe sleep deprivation. This creates a significant hazard for all road users.

In 2021, for example, large trucks were involved in 8.7% of all vehicles in fatal traffic crashes in South Carolina, with 122 large trucks involved out of 1,398 total vehicles in fatal crashes that year. According to the South Carolina Department of Public Safety, there were 1,198 traffic fatalities statewide in 2021. National Highway Traffic Safety Administration (NHTSA) data shows that 122 people were killed in crashes involving large trucks in South Carolina in 2021, underscoring the significant impact of truck accidents on roadway fatalities.

These figures only account for fatalities; hundreds more truck accidents each year lead to serious injuries and extensive property damage. Given that commercial trucks can be 16 times larger than standard passenger vehicles, even a momentary loss of control by a fatigued driver can have immediate and devastating consequences, transforming a routine journey into a tragic event.

The immense destructive potential of these vehicles underscores the critical need for strict adherence to hours-of-service regulations and a culture that prioritizes driver rest and safety above all else.

How the Rules Differ for Truck Drivers

Truck drivers have a rigorous job, requiring long hours and staring at monotonous roads mile after mile. Because profits depend on meeting deadlines and putting more miles on the road in a shorter period of time, the U.S. government has stepped in to try to prevent truck drivers and their companies from pushing the limits of both equipment and human ability.

The U.S. Department of Transportation and the Federal Motor Carrier Safety Administration (FMCSA) have rules that apply to truck drivers that are intended to make the roads safer. In particular, the FMCSA has an hours of service rule for all drivers of a commercial motor vehicle (CMV). Specifically, these rules state that:

• A driver can drive up to 11 hours straight but is limited to 14 hours on duty total.
• Drivers must take a 30-minute break within 8 hours of coming on duty.
• A driver can only work as many as 60 hours in 7 consecutive days.
• Each day on duty (or driving) can only begin after taking at least 10 hours off-duty.
• A driver can only re-start their 7-day work period after they have taken at least 34 consecutive hours off work.

There are some exceptions to these rules for drivers that only work one-day schedules or if that driver meets with adverse weather or driving conditions on their route. The penalties for violating these rules may include fines, a reduction in safety ratings, as well as possible criminal penalties for willful violations.

The Problem of Drowsy Driving on Our Nation’s Roads

Some truck drivers will continue to push the limits with their hours of service to increase profits, and others just simply aren’t able to sustain the long hours of alert driving that the position requires. Drowsy driving is a serious matter, and some experts have compared it to driving while intoxicated. A person who drives a motor vehicle while being awake for more than 17 hours could display the same impairment as someone with a blood alcohol content of 0.5. Drivers who are sleepy behind the wheel will have a slower reaction time, less coordination, and lack the judgment of someone who is more alert.

In some cases, truckers will attempt to beat the odds by using chemicals to keep them more alert for hours if not days on end. Some drivers will use stimulants such as amphetamines and cocaine to stay awake long-term. However, once those stimulants begin to wear off, the driver becomes increasingly drowsy behind the wheel.

Several new studies have also uncovered the problem of sleep apnea among commercial truck drivers. According to the U.S. Department of Transportation, as many as 28% of all truck drivers suffer from sleep apnea. This is an obstructive medical condition that interferes with normal sleep and causes fatigue during the day.  Because of the dangers of the condition, drivers with this diagnosis are now being disqualified from commercial driving. The remaining issue is that there are many commercial drivers who are unaware that they suffer from sleep apnea who may be creating a danger on our nation’s roads.

Responsibility for a South Carolina Truck Accident

Even though truck crashes usually have an element of fault involved, it can be difficult to investigate and prove your case without assistance. If a truck driver or their employer has acted negligently, they should be held accountable. Unfortunately, they could deny wrongdoing or take quick steps to get rid of valuable evidence.

Trucking companies and their insurance carriers will often begin their own crash investigations within hours of an incident. These are companies with deep pockets who are willing to spend some cash to protect their short and long-term financial interests, and because truck accidents often involve more severe injuries than standard auto accidents, there is likely to be more money at stake and companies will be willing to expend more resources in order to mitigate their losses.

Trucking accident claims are made more complicated because of the multiple factors that can contribute to the accident. This means that several other parties could share responsibility (for the accident) in addition to the truck driver and the company that employs the driver. Parties that may be held liable for a truck accident include:

• The owner or lessor of the truck (if this is not the driver or trucking company);
• The cargo or shipping company that was responsible for loading the truck;
• The party that is responsible for maintaining the truck;
• The party that is responsible for maintaining the roadways;
• The manufacturer, supplier, or distributor of a faulty vehicle or vehicle part.

You may certainly have a personal injury case against a negligent truck driver, trucking company, or another party, but you can level the playing field by working with a qualified truck accident attorney who understands how to protect your rights. Pursuing a claim like this on your own is wrought with potential pitfalls; and doing so can seriously jeopardize your ability to recover maximum compensation.

Pursuing a Truck Accident Injury Claim in South Carolina

The size and sheer force of large trucks are catalysts for severe and costly damages. Some of the most common injuries that result from a commercial trucking accident may include:

• Cuts and lacerations;
• Head and brain injuries;
• Back and neck injuries;
• Rib and torso injuries;
• Internal injuries;
• Spinal cord injuries and paralysis;
• Severe burn injuries;
• Fractures/broken bones;
• Amputations/loss of limbs;
• Wrongful death.

Determining how much compensation you deserve for a truck accident can be a complex matter.

You will likely have a series of economic damages. These will include the physical damage to your vehicle, which could end up being totaled after such a crash. You may also have to rent a car and will have a loss in value of your vehicle due to damages.

Some of the biggest economic damages result from physical injuries. You should not have to pay for your current and future medical care related to an injury that wasn’t your fault. Neither should you be responsible for lost wages or your lost future earning capacity.

If you have a personal injury case, you can also claim non-economic damages. These are intangible losses that are suffered as a result of your physical injuries. Examples of noneconomic damages include:

• Physical pain-and-suffering;
• Emotional/psychological distress;
• Diminished quality of life;
• Disfigurement;
• Permanent injury;
• Loss of consortium;
• Loss of comfort, support, guidance, and care.

In some more limited cases in which the actions of the party (or parties) responsible for the truck accident were willful, malicious, or grossly negligent, punitive damages may be awarded over and above compensatory damages. Also known as “exemplary damages”, punitive damages are not meant to compensate the victim, but rather to punish the wrongdoer and help deter them (and others) from engaging in similarly egregious behaviors in the future.

South Carolina applies a modified comparative negligence standard to personal injury cases. Under this standard, an injured party can still recover damages as long as they are 50% or less at fault for the accident. However, any damage award would be reduced in proportion with the percentage of fault they share. For example, if the total losses you suffered from a truck accident add up to $500,000 and you are found to be 30% at fault, you damage award would be reduced by $150,000 down to a total of $350,000.

As we talked about earlier, trucking companies and their insurers will look for any way they can to mitigate their losses, including finding a way to assign some of the blame for the accident to you. This is another reason it is very important to work with attorneys who have specific experience with these types of cases and the proven ability to recover maximum compensation.

Who Can I Sue after a South Carolina Truck Accident?

Although the actions of a trucking company might have played a role in an accident, proving that they are liable can be a difficult task. These companies are only required to certain maintain records for a limited period of time, after which they are free to dispose of them without being penalized. Even before that time, records that might show a company to be liable have a way of getting lost, disappearing, or being altered.

To prevent this from happening, it is extremely important to get an attorney involved as soon as possible after the accident. With a seasoned attorney working immediately on your behalf, company records and other critical pieces of evidence can be recovered and preserved, putting you in the best possible position to recover maximum compensation.

Who else Can be Held Responsible for a Trucking Accident?

Liability for a truck accident may not end with just the driver and the trucking company.  Other parties that could potentially be responsible include:

• The owner or lessor of the truck;
• The owner of the freight or shipping company responsible for loading the truck;
• The party responsible for maintaining the truck;
• The designer, manufacturer, supplier, or distributor of a faulty vehicle or vehicle part;
• A government agency or the party responsible for maintaining the roads.

What Must I Prove to Win my Truck Accident Claim in South Carolina?

A thorough investigation will be required to get to determine the root cause of the accident and which parties were to blame. This investigation should be performed as soon as possible after the accident, because witnesses tend to forget important details over time, and critical evidence has a tendency to disappear as well.

What Evidence is Necessary to Win my Truck Accident Case?

Once you have identified how the accident happened and the parties that were at fault, you need to collect sufficient evidence to prove the essential elements of a personal injury claim. These are:

• The defendant (or defendants) owed you a duty of care;
• The duty of care owed was breached by the negligent actions (or omissions) of the defendant/s;
• The negligence or breach of duty of care (on the part of the defendant/s) was the direct cause of your injuries;
• Your injuries resulted in actual losses (economic or noneconomic losses or both).

5 Things to Do if you are in an Accident with a Commercial Vehicle

Call for Medical Help

The first priority after any type of motor vehicle accident is to make sure everyone who is hurt gets proper medical attention, and this includes yourself. You may not feel hurt while you are at the accident scene, but this could just be because of adrenaline, or the fact that some injury symptoms do not start to show up until later on. Call 911 immediately to bring an ambulance to the scene. Along these same lines, if there are injuries, the police should be called as well. In many cases, the 911 operator will call the police for you. Otherwise, call the police to the scene, so they can assist those involved in the accident, document the incident, and get an official report on file.

Secure the Accident Scene

After you call for help, move your vehicle (if possible) to a safe location that is off to side of the road or otherwise out of the line of traffic. Keep your hazard lights on, and put cones, flares, or flashers around the vehicles involved in the crash so other motorists can avoid them.

Collect Information about the Accident

Exchange information with the truck driver, and obtain their name and contact information, driver’s license number, U.S. DOT serial number (if available), the name and contact information of their employer (if applicable), and their insurance information. You should also document as much as possible for your own records. Take multiple photographs of the accident scene and write down or voice record on your cell phone as much detail as you can about what happened while everything is fresh in your mind. The police will file an official report, but you should have your own report as well, so you can compare it to what the police reported and correct any errors.

Obtain Witness Statements

If there were any individuals nearby who witnessed the event, be sure to obtain statements and contact information from them. Many times, witnesses will allow you to record a video statement from them describing what happened. If you are able to do this, the testimony of these witnesses can be extremely valuable in proving your case if you decide to bring an accident injury claim later on.

Report the Accident to your Insurance Company

Most insurance companies require you to report an accident within 24 to 72 hours after it occurs.  Individual policies may vary, so it is best to get in touch with your insurer as soon as possible.  Report the accident, but only give them the facts. Do not admit fault or speculate on who was at fault, leave that for the experts to sort out. Also, do not give an insurance company any recorded statements or sign any medical release forms without first speaking to an attorney.

Hurt in a Truck Accident in South Carolina? Speak with Our Seasoned Attorneys Today

If you or a loved one has been hurt in a crash involving a heavyweight vehicle such as a tractor-trailer, semi-trailer, 18-wheeler, dump truck, or construction truck, you need the guidance of an experienced truck accident attorney.

At Peake & Fowler, our qualified personal injury attorneys will investigate your case, explain your best legal options, and assist you in pursuing the compensation you deserve for your harm. We are just a phone call away and are available at your convenience.

Contact our Columbia office now at (800) 946-9461 or reach us online to schedule a free consultation. We look forward to serving you!

We also handle the following cases:

Newberry Truck Accidents