Reviewed by Mark Bringardner, experienced South Carolina trial attorney, Bringardner Injury Law Firm.
After a serious crash with a commercial truck, the driver is often the first person you think to blame. But the driver is frequently not the only party legally responsible, and in many cases is not the one with enough insurance to cover catastrophic injuries. So the practical question becomes: can you also sue the trucking company? In South Carolina the answer is often yes, but it depends on how the company is connected to the crash. As a Charleston truck accident lawyer with experience in complex trucking claims, Mark Bringardner and the team at Bringardner Injury Law Firm have helped victims across the Lowcountry hold trucking companies accountable. If you need a personal injury lawyer Charleston SC families trust for truck accident cases, this guide explains the two paths to holding a trucking company responsible, the important exceptions, and what compensation may be available.
Two ways a trucking company can be held responsible
South Carolina law gives an injured person two distinct routes to a trucking company, and a strong truck accident lawyer will often pursue both.
Path one: vicarious liability for the driver’s negligence. Under the legal doctrine of respondeat superior, an employer is generally responsible for the negligent acts of an employee committed within the scope of their job. If a company driver causes a crash while doing their work, such as hauling a load on a scheduled route, the company can be held liable for that driver’s negligence even though the company did nothing wrong itself. The key question is whether the driver was acting within the scope of employment at the time.
Path two: the company’s own direct negligence. Separately, a trucking company can be liable for its own failures, regardless of the scope-of-employment question. These include negligent hiring, negligent supervision, and poor maintenance, discussed below. A truck accident attorney handling your case will investigate both paths to maximize your recovery.
When is the truck driver responsible?
A commercial driver can be found legally responsible when their own carelessness causes a crash, such as:
- Driving under the influence of alcohol or drugs.
- Driving while distracted or fatigued.
- Speeding or other unsafe maneuvers.
- Violating traffic laws.
- Exceeding federal hours-of-service limits.
When the driver was on the job for the company at the time, that driver negligence is also what opens the door to the company’s vicarious liability under path one. Understanding how to determine liability in a South Carolina truck accident is essential for building a strong claim against both the driver and the company.
When is the trucking company directly at fault?
Beyond responsibility for its drivers, a motor carrier has its own legal duties. Trucking company negligence can take several forms, and a company may be directly liable when it:
- Hires an unqualified driver. Companies must screen for a valid commercial license, a reasonable driving record, and the ability to operate the vehicle safely. Putting an unfit driver on the road can be negligent hiring.
- Fails to supervise or monitor drivers. The duty does not end at hiring. Companies are expected to monitor performance, conduct required drug and alcohol testing, and follow federal safety rules. We discuss those rules in more detail in our overview of how federal regulations affect truck accident lawsuits.
- Neglects maintenance. Carriers must inspect and maintain their vehicles. Failing brakes, worn tires, and other mechanical problems from skipped maintenance can make the company responsible.
Other parties can share fault too. A cargo loader who overloads or improperly secures a trailer, or a manufacturer whose defective part contributed to the crash, may also be liable. If a defective component caused or worsened the crash, a defective products lawyer can pursue a separate product liability claim alongside the truck accident lawsuit. An experienced truck accident attorney will conduct a thorough truck accident investigation to identify every responsible party.
The independent contractor exception
The most important limit on trucking company liability is the driver’s employment status. Vicarious liability under path one generally applies to employees. If the driver was a genuine independent contractor rather than an employee, the company may argue it is not responsible for that driver’s on-the-road negligence.
This is rarely the end of the analysis, though. Companies sometimes label drivers independent contractors when the working relationship looks more like employment, and courts look at the actual relationship, such as how much control the company had over the driver’s work, not just the label. Even where a driver truly is an independent contractor, the company can still be liable under path two for its own negligence, such as carelessly selecting an unqualified contractor. Sorting this out usually takes a truck accident attorney who can review the contracts and the facts of the relationship.
There are other limits as well. If the driver was using the truck for personal reasons or was otherwise acting outside the scope of employment when the crash happened, the company’s vicarious liability may not apply, though a direct-negligence claim still might.
What compensation can you pursue?
A truck accident lawsuit in South Carolina allows victims to seek several kinds of compensation:
- Economic damages, for measurable losses such as medical expenses, lost income, and property damage.
- Noneconomic damages, for losses like physical pain, emotional distress, and loss of enjoyment of life.
- Punitive damages, in cases of especially reckless conduct, which are meant to punish and deter rather than to compensate.
Because commercial carriers operate large fleets, they are typically required to carry substantial liability insurance, which is often why pursuing the company, and not only the driver, matters so much to an injured person’s recovery. To understand the full range of what may be available, learn more about how much you can get from a truck accident claim. South Carolina also follows a modified comparative negligence rule, so an injured person can still recover if partly at fault, as long as they were not more than 50 percent at fault, with any recovery reduced by their share. A Charleston personal injury lawyer experienced in truck accident cases can evaluate every source of recovery available to you.
Common injuries in trucking company lawsuits
The size and weight of commercial trucks mean that victims often suffer life-altering injuries. Traumatic brain injuries are among the most devastating, and a brain injuries lawyer can help families understand the long-term costs of ongoing care, cognitive rehabilitation, and lost earning capacity. Other common injuries include spinal cord damage, permanent facial injuries, and amputations. When a truck accident results in death, the family may have a wrongful death claim against the trucking company and the driver. Because these injuries often require lifetime medical care, having a Charleston truck accident lawyer who understands the true value of a catastrophic claim is critical.
Evidence that matters in a truck accident lawsuit South Carolina courts expect
A truck accident lawsuit South Carolina victims bring against a trucking company depends heavily on evidence that the company controls. This includes the driver’s qualification file, drug and alcohol testing records, hours-of-service logs, maintenance records, and data from the truck’s electronic control module. Knowing what evidence to preserve in a truck accident is essential because trucking companies are not required to keep all records indefinitely, and some data can be overwritten in a matter of days. A truck accident lawyer who acts quickly to send a spoliation letter can prevent the destruction of evidence your case needs.
How a truck accident attorney helps in a claim against a trucking company
A claim against a trucking company is more involved than a typical car accident case. It requires understanding federal trucking regulations, identifying every potentially responsible party, and moving quickly to secure evidence the company controls before it disappears. Working to build a strong case after a commercial vehicle crash, a truck accident attorney can investigate the crash, obtain the driver’s qualification file and the truck’s maintenance and logbook records, analyze any electronic data from the truck, identify the available insurance, and handle negotiations with the insurers. If a fair resolution cannot be reached, the next step may be filing suit and, if necessary, taking the case to trial. If you are wondering how much a personal injury lawyer costs, most Charleston truck accident lawyer firms handle these cases on a contingency fee basis, meaning you pay nothing upfront.
Why hiring a Charleston truck accident lawyer matters
Trucking companies and their insurers respond to serious claims with rapid-response teams, adjusters, and defense lawyers, often within hours of the crash. A personal injury lawyer Charleston SC victims hire early can level the playing field by preserving evidence, managing communication with insurers, and building the case from day one. The difference between a truck accident lawyer who handles these cases regularly and one who does not is often the difference between a full recovery and a fraction of what the claim is worth. As a Charleston personal injury lawyer with a focus on trucking cases, Mark Bringardner and his team understand what it takes to hold these companies accountable.
The statute of limitations
While generally the statute of limitations in South Carolina for injury and wrongful death claims is three years from the date of the incident, the statute of limitations may be shorter in certain situations, which is why it is important to consult with a truck accident attorney soon after an incident. Acting early also helps preserve evidence such as logbooks and electronic data while it is still available. If you need a personal injury lawyer Charleston SC residents can rely on for truck accident cases, do not wait to get legal advice.
Frequently asked questions
Can I sue the trucking company and not just the driver? Often yes. The company can be liable for the driver’s negligence under respondeat superior if the driver was an employee acting within the scope of their job, and separately for its own negligence in hiring, supervision, or maintenance. A truck accident lawyer can evaluate your case to determine whether both paths apply.
Is the trucking company always responsible when its driver causes a crash? No. The company is generally responsible when the driver was an employee acting within the scope of employment, but exceptions apply, such as when the driver was an independent contractor or was using the truck for personal reasons.
What if the driver was an independent contractor? The company may argue it is not vicariously liable, but courts look at the real working relationship rather than the label, and the company can still be liable for its own negligence, such as negligently selecting an unqualified contractor.
How long do I have to sue a trucking company in South Carolina? While generally the statute of limitations in South Carolina for injury and wrongful death claims is three years from the date of the incident, the statute of limitations may be shorter in certain situations. Consult a personal injury lawyer Charleston SC residents trust soon after the crash to confirm the deadline that applies to your case.
How much does it cost to hire a truck accident attorney? Most truck accident attorney firms in South Carolina work on a contingency fee basis, which means you pay no attorney fees unless your case results in a recovery.
Contact a Charleston truck accident attorney
If you were injured in a crash with a commercial truck anywhere across the Charleston tri-county area, the attorneys at Bringardner Injury Law Firm will work to identify every responsible party, including the trucking company, secure the evidence your claim needs, and pursue full and fair compensation for your injuries. As a Charleston truck accident lawyer firm with a proven record of significant verdicts and settlements, we understand how to take on trucking companies and their insurers. Whether you need a personal injury lawyer Charleston SC families count on or a truck accident lawyer ready to fight for maximum compensation, these cases move quickly, and so should you.
Call us at 843-400-0550 or contact us online for a free case evaluation.*
*Free case evaluation refers to an initial consultation with no obligation. If we accept you as a client and an attorney-client relationship is established, no fee unless you recover refers to attorney fees that are contingent on recovery. Bringardner Injury Law Firm advances case costs, and if no recovery is obtained, the client will not owe attorney fees or repay those advanced case costs.
This content is general information about South Carolina law and is not legal advice. Every case depends on its specific facts. Reading this article does not create an attorney-client relationship.
