How Do I Determine Who is Liable in an 18-Wheeler Accident?
Tractor-trailer crashes remain a serious public safety hazard. The South Carolina Department of Public Safety (SCDPS) reports that there were nearly 7,000 18-wheeler accidents in the state in 2022. You may be wondering: **How is liability determined in a truck accident case? **The short answer is that liability is based on fault. Any party—whether trucker, truck company, or anyone else—who caused a crash through negligence can be held accountable. Here, our Florence semi-truck accident attorney explains how liability for a crash is determined in South Carolina.
South Carolina is a Fault-Based 18-Wheeler Accident State
South Carolina is a fault-based commercial truck accident state. Unlike no-fault states, where injured victims must rely on their own insurance, South Carolina allows truck accident victims to pursue compensation from the at-fault party. Every crash should be thoroughly investigated to determine exactly what happened. A truck driver, trucking company, a vehicle manufacturer, or even the victim themselves may be deemed fully or partially responsible for the accident.
Liability for a Truck Accident is Based on Negligence
In South Carolina, fault for a truck accident is generally based on the concept of negligence. Negligence is the failure to exercise reasonable care. To hold another party legally responsible, an injured victim must prove that the at-fault party failed to exercise reasonable care, directly causing the crash. Negligence can take many forms in truck accidents, including:
- Speeding;
- Distracted driving;
- Fatigued driving;
- Undertrained truckers;
- Overloaded trailers; and
- Poor vehicle maintenance.
Recovering the Maximum Compensation for a Truck Accident
Hurt in an 18-wheeler crash in South Carolina? You have the right to seek compensation for the full extent of your damages. Insurance companies fight hard to pay out less to injured victims. Our Florence, SC, semi-truck accident lawyers fight for the maximum compensation. Along with other types of damages, you may be entitled to recover compensation for:
- Property loss, including vehicle repairs;
- Emergency medical treatment;
- Hospital bills and other health care costs;
- Physical therapy and mental health services;
- Loss of wages and loss of earning power;
- Pain and suffering and mental distress;
- Long-term disability; and
- Wrongful death of a family member.
Schedule a Free Consultation With Our Florence, SC, Semi-Truck Accident Lawyer
At The Law Office of D. Craig Brown, LLC, our Florence semi-truck accident attorney fights tirelessly to help victims secure the full and fair compensation that they deserve. If you have any questions about liability for a truck accident, we are here to help. Contact us today for a free, no-strings-attached case review. We handle 18-wheeler accident claims in Florence and throughout the surrounding region in South Carolina.