Truck Accident Attorneys in Sumter, SC

Commercial trucking accidents are among the deadliest incidents that occur on South Carolina roadways. When a big rig truck that weighs upwards of 80,000 pounds when fully loaded collides with another vehicle or object, the results can be devastating. The sheer weight and force a tractor-trailer will bring on impact can cause severe injuries and fatalities, especially to those who share the road with 18-wheelers.

Each year, thousands of individuals are killed, and hundreds of thousands are injured in truck accidents. According to the Insurance Institute for Highway Safety (IIHS), 68% of those killed in these types of accidents are occupants of cars and other passenger vehicles, 17% are commercial truck occupants, and another 14% are pedestrians, bicyclists, and motorcyclists.

If you or a loved one was injured or killed in a trucking accident in Sumter or a nearby South Carolina community, you deserve to be fully compensated. At Peake & Fowler, we understand that truck accidents can be physically, emotionally, and financially devastating for victims and their families, and we do everything possible to make the legal process smooth and stress-free.  We work closely with our clients, putting our extensive experience to work to aggressively pursue full and fair compensation on their behalf. We handle all the complicated legal tasks, so you can focus on your health and recovery.

Common Causes of Truck Accidents in South Carolina

Countless big rig trucks roll through Sumter and nearby communities to deliver essential goods or while in route to other destinations. Trucking is very important in helping maintain the standard of living we enjoy, but unfortunately, those in the industry are not doing everything they can to prevent 18-wheeler accidents.

There are several reasons truck accidents occur, some of the most common include:

• Drowsy or fatigued driving: Truck drivers put in long hours over-the-road each week, many of which are during evenings and overnights. Unfortunately, many drivers go longer than they should in order to meet unrealistic deadlines imposed by their employers. This causes some of them to drive while drowsy and even fall asleep at the wheel.

• Speeding or reckless driving: Another way that truckers may try to stay on schedule is by speeding excessively or engaging and other forms of reckless driving. This type of driving behavior increases the chances of a big rig accident.

• Driving while intoxicated: Some drivers use various substances to deal with the stress of their job or try to stay awake on the road. Driving while under the influence of alcohol or drugs puts the driver and others that they share the road with at greater risk of an accident.

• Distracted driving: A growing percentage of motor vehicle accidents are being caused by distracted driving. Texting while driving and other forms of electronic activity while behind the wheel are especially dangerous, because they cause drivers to focus completely on their phones rather than the road.

• Improperly loaded trucks: Some big rig accidents happen because of trucks that are overloaded beyond a safe weight or loaded unevenly. When this happens, there is a greater chance of the truck rolling over or falling off to its side when there are adverse road conditions, such as high winds, heavy rain, and ice.

• Negligent truck maintenance: Large commercial trucks typically log thousands of miles over-the-road each month. For this reason, proper maintenance is absolutely essential. Negligent truck maintenance can lead to breakdowns which, if they occur in the wrong place at the wrong time, can result in an accident.

• Vehicle defects: Vehicle or vehicle product defects are another contributor to many trucking accidents. Examples of vehicle defects include new tires that blow out, leaking brake lines, and computer dashboard malfunctions.

Injuries from trucking accidents can be serious and catastrophic. These may include:

• Head and traumatic brain injuries (TBI)
• Severe burn injuries
• Back and neck injuries
• Spinal cord injuries and paralysis
• Fractures/broken bones
• Amputations/loss of limbs
• Internal injuries
• Wrongful death

Pursuing a Trucking Accident Claim in South Carolina

A collision involving a commercial motor vehicle is fundamentally different from a standard passenger car accident. When a semi-truck, tractor-trailer, or delivery vehicle is involved, the physical destruction is often catastrophic, and the legal landscape becomes significantly more complex. Navigating these claims requires a deep understanding of federal regulations, state laws, and the various corporate entities that operate within the transportation industry.

The Complexity of Trucking Litigation

A truck accident claim involves layers of regulation that do not apply to private motorists. The commercial trucking industry is governed by the Federal Motor Carrier Safety Administration (FMCSA), which sets strict standards for driver hours, vehicle maintenance, and weight limits. In South Carolina, these federal rules often intersect with state-specific traffic laws and civil procedures. Because the stakes are high—often involving life-altering injuries and high-value insurance policies—trucking companies and their insurers deploy rapid-response teams to accident scenes to begin building a defense immediately.

Identifying Liable Parties: A Multi-Faceted Challenge

One of the most difficult aspects of a truck accident case is determining who is legally responsible. Unlike a typical car crash, where fault usually lies with one of the drivers, a semi-truck accident can involve a web of interconnected businesses.

Several parties may share fault for a collision, including:

• The Truck Driver: Liability may arise from driver fatigue, distracted driving, operating under the influence, or simple traffic violations like speeding or failing to yield.
• The Trucking Company: Under the legal doctrine of respondeat superior, an employer can be held responsible for the actions of its employees. Furthermore, the company may be directly liable for negligent hiring, failure to train, or forcing drivers to exceed legal driving hours.
• The Owner or Lessor of the Truck: In many instances, the company name on the side of the trailer is not the owner of the tractor. Maintenance responsibilities and liability can shift based on the specific terms of a lease agreement.
• The Shipping Company or Loader: If a trailer is overloaded or the cargo is improperly secured, the load can shift during transit. This often leads to jackknife accidents or rollovers. The entity that supervised the loading process may be held accountable.
• Maintenance Providers: Trucking companies often outsource mechanical work. If a crash was caused by brake failure or a tire blowout resulting from inadequate service, the third-party maintenance contractor may be at fault.
• Manufacturers and Distributors: If a mechanical failure was caused by a design flaw or a manufacturing defect in a component—such as the steering system or a trailer hitch—the company that produced the part may be liable under product liability law.

The Necessity of an Immediate Investigation

Because of the potential for multiple liable parties, a thorough and immediate investigation is paramount. In the days and weeks following a crash, critical evidence can disappear. Electronic logging devices (ELDs) may be overwritten, vehicles may be repaired or scrapped, and skid marks on the pavement can fade.

A comprehensive investigation typically involves:

1. Securing the “Black Box”: Most modern commercial trucks are equipped with an Electronic Control Module (ECM). This device records data such as the truck’s speed, braking patterns, and throttle position in the moments leading up to an impact.
2. Reviewing Driver Qualification Files: Federal law requires trucking companies to maintain detailed files on their drivers, including medical certifications, drug test results, and driving history.
3. Analyzing Hours of Service (HOS) Logs: Investigators look for “logbook violations” to determine if the driver was operating the vehicle while fatigued in violation of federal safety limits.
4. Forensic Accident Reconstruction: Professionals can use physics and engineering principles to recreate the crash, helping to prove exactly how the collision occurred and who had the last clear chance to avoid it.

Understanding Damages in South Carolina

Those injured in South Carolina trucking accidents may seek compensatory damages. These are intended to make the victim “whole” again, at least in a financial sense. These damages are categorized into economic and non-economic losses.

Economic Damages

Economic damages represent the objective, out-of-pocket financial losses resulting from the injury. In a truck accident case, these can be substantial and include:

• Medical Expenses: This covers current hospital bills, emergency room visits, surgeries, and medication.
• Future Medical Care: For those with permanent disabilities or chronic pain, this includes the projected costs of lifelong rehabilitation, home modifications, and assistive devices.
• Lost Wages: This accounts for the time missed from work during recovery.
• Loss of Earning Capacity: If an injury prevents a victim from returning to their previous profession or working at all, they can seek compensation for the income they would have earned over the remainder of their career.
• Funeral and Burial Expenses: In the tragic event of a wrongful death, the family can seek reimbursement for these costs.

Non-Economic Damages

Non-economic damages address the intangible, subjective impact the accident has on a person’s quality of life. Because there are no receipts for these losses, they are often the most contested part of a claim. Examples include:

• Physical Pain and Suffering: Compensation for the actual physical discomfort caused by the injuries.
• Emotional Distress: This includes anxiety, depression, insomnia, and post-traumatic stress disorder (PTSD) stemming from the trauma of the crash.
• Loss of Enjoyment of Life: When an individual can no longer participate in hobbies, sports, or family activities they once loved.
• Disfigurement and Scarring: The psychological and social impact of permanent physical changes.
• Loss of Consortium: Compensation for the impact the injury has on the victim’s relationship with their spouse.

Punitive Damages

In rare instances, South Carolina law allows for the recovery of punitive damages. Unlike compensatory damages, these are not meant to reimburse the victim but rather to punish the defendant and deter others from similar conduct. To recover punitive damages, a plaintiff must prove by “clear and convincing evidence” that the defendant’s conduct was willful, wanton, or reckless.

In South Carolina, punitive damages are generally capped at three times the amount of compensatory damages or $500,000, whichever is greater. However, there are exceptions to these caps, such as when the defendant was under the influence of alcohol or drugs or intended to cause harm.

South Carolina’s Comparative Negligence Rule

It is important for claimants to understand South Carolina’s “modified comparative negligence” system. Under this rule, an injured party can still recover damages as long as their fault for the accident is not greater than the fault of the defendant (or defendants). However, the total recovery will be reduced by the percentage of the plaintiff’s own fault. For example, if a jury determines a victim suffered $100,000 in damages but was 20% responsible for the crash, the victim would receive $80,000. If the victim is found to be 51% or more at fault, they are barred from recovering any compensation at all.

Contact an Experienced Sumter, SC Truck Accident Lawyer

Being injured in a trucking accident can turn your whole world upside down. If this has happened to you or someone close to you, you need strong legal counsel by your side advocating forcefully for your rights and interests. At Peake & Fowler, we have successfully represented countless clients in truck accident cases in South Carolina. We have extensive knowledge of this area of the law, and we explore every potential legal avenue to help you obtain the just compensation you need and deserve.

For a free consultation with one of our attorneys, call our office today at 803-788-4370. You may also send us a message through our online contact form.