The Role of Trucking Company Negligence in Accident Claims in Charleston

When a fully loaded semi-truck weighs up to 80,000 pounds—about 20 times heavier than an average car—the consequences of trucking company negligence accidents can be catastrophic. Many of these collisions are preventable and occur because trucking companies fail to maintain safe practices, properly train drivers, or follow federal regulations. Understanding how trucking company negligence accidents happen and how they affect your legal rights is essential if you or a loved one has been injured in a truck crash in Charleston.

At Crantford Meehan, our team of experienced truck accident attorneys is ready to help you pursue the compensation you deserve. We understand the complexities of trucking negligence cases and have recovered millions for injured victims throughout South Carolina.

Understanding Trucking Company Negligence

Trucking company negligence occurs when a company fails to exercise reasonable care in its operations, directly causing or contributing to an accident. Companies can be held liable in two ways: through direct negligence (when the company itself acts negligently) or vicarious liability (when the company is responsible for the negligent actions of its employees).

Direct negligence happens when a trucking company’s own policies or practices create dangerous conditions. For example, a company might fail to maintain its fleet properly, ignore safety regulations, or push drivers to work beyond legal limits. Vicarious liability (Respondeat Superior) holds the company accountable for driver negligence, provided the driver was acting within the ‘course and scope’ of their employment. We aggressively challenge trucking companies that try to avoid this liability by misclassifying drivers as ‘independent contractors.. South Carolina follows a modified comparative negligence rule, meaning you can recover damages even if you’re partially at fault—as long as you’re not more than 50% responsible for the accident.

Common Types of Trucking Company Negligence

Trucking companies engage in negligent practices that directly lead to accidents. Negligent hiring occurs when companies fail to properly vet drivers, check driving records, or verify qualifications before putting them behind the wheel. Insufficient training means drivers don’t receive adequate instruction on safety procedures, vehicle operation, or how to handle emergency situations.

Hours-of-service violations represent another critical negligence type. Federal regulations limit how long drivers can work without rest, but many companies pressure drivers to exceed these limits, causing fatigue-related accidents. Poor vehicle maintenance and inspection failures mean trucks operate with faulty brakes, worn tires, or mechanical defects that increase accident risk. Improper cargo loading and overloading can cause trucks to become unstable, leading to rollovers or loss of control. Companies that ignore FMCSA regulations and other federal safety standards demonstrate a pattern of negligence that courts recognize as particularly serious.

How Negligence Leads to Accidents

When trucking companies cut corners on safety, accidents become inevitable. A driver who hasn’t received proper training may not know how to handle a fully loaded truck in bad weather or emergency situations. A vehicle with faulty brakes cannot stop quickly enough to avoid a collision. A driver forced to work 14 hours straight becomes drowsy and loses focus on the road. An overloaded truck becomes difficult to steer and brake, especially on curves or during sudden maneuvers.

These negligent practices create dangerous conditions that put everyone on the road at risk. When an accident occurs, the injuries are often severe because of the truck’s massive weight and the impact force involved. Victims may suffer broken bones, spinal cord injuries, traumatic brain injuries, or fatal wounds. The financial impact extends beyond medical bills to include lost wages, ongoing rehabilitation, and permanent disability.

Our Experience With Truck Accident Cases

At Crantford Meehan, our attorneys William C. Crantford and Jerry A. Meehan Jr. are both Trial Lawyers College graduates with extensive experience handling truck accident claims. William Crantford holds an AV rating from Martindale-Hubbell and is a member of the National Trial Lawyers and Million Dollar Advocates Forum. Jerry Meehan Jr. holds an AV Preeminent rating and has been recognized as a Top 10 Under 40 attorney by the National Academy of Personal Injury Attorneys and the National Academy of Criminal Defense Attorneys.

Crantford Meehan has recovered substantial settlements for truck accident victims. In one case, we secured a $2.35 million settlement for a family injured in a tractor-trailer rear-end collision on I-26 in Berkeley County, proving the driver had delayed braking. We also recovered $1 million for clients struck by an 18-wheeler on I-26 near Summerville. These results demonstrate our ability to investigate thoroughly, prove negligence, and hold trucking companies accountable. We’re available 24 hours a day and work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

View our complete case results and client testimonials to see how we’ve helped injured victims.

Proving Trucking Company Negligence

Proving negligence requires gathering and analyzing specific evidence. Maintenance records show whether the company properly serviced the truck and addressed known mechanical issues. Driver logbooks and electronic logging devices (ELDs) reveal whether the driver exceeded hours-of-service limits. Black box data from the truck records speed, braking patterns, and other critical information about the moments before the crash. Employment records and background checks demonstrate whether the company hired an unqualified driver. Drug testing policies and results show whether the company screened drivers for substance abuse.

FMCSA regulations establish the standard of care that trucking companies must follow. When a company violates these federal rules, it demonstrates negligence. Accident reports, witness statements, and photographs from the scene provide additional evidence of how the accident occurred. Thorough investigation is critical because trucking companies and their insurers will aggressively defend against negligence claims. They’ll hire their own experts and argue that the driver alone was responsible. An experienced attorney knows how to counter these arguments and prove the company’s role in causing the accident.

Your Legal Rights and Remedies

In South Carolina, you generally have three years to file a lawsuit (S.C. Code § 15-3-530). However, if the truck was owned by a government entity (such as a port authority or municipality), the Tort Claims Act may shorten the deadline to 2 years, making immediate legal action vital. This statute of limitations is important—waiting too long can eliminate your right to recover. You can pursue damages for medical expenses, including emergency care, surgery, hospitalization, and ongoing treatment. Lost wages cover income you missed while recovering from your injuries. Pain and suffering damages compensate you for physical pain, emotional distress, and reduced quality of life.

If the accident resulted in permanent disability, you can recover damages for diminished earning capacity. If a loved one died in the accident, you may file a wrongful death claim to recover funeral expenses, lost financial support, and the loss of companionship. In cases where the trucking company’s negligence was willful, wanton, or reckless, you may be entitled to punitive damages. While South Carolina generally caps these awards at three times your actual damages or $500,000 (whichever is greater), this cap does not apply if the driver was under the influence of alcohol or drugs. Your attorney will evaluate whether to pursue settlement negotiations or take your case to trial based on the strength of your evidence and the insurance coverage available.

Frequently Asked Questions

Can I sue both the truck driver and the trucking company?

Yes. You can pursue claims against both the driver and the company. The driver may be personally liable for negligent driving, while the company is liable under vicarious liability for the driver’s actions and under direct liability for its own negligent practices. Pursuing both defendants increases the available insurance coverage and strengthens your overall recovery.

What is the statute of limitations for a truck accident claim in South Carolina?

You have three years from the date of the accident to file a lawsuit. This deadline is critical—if you wait longer, you lose your right to recover. We recommend contacting an attorney as soon as possible after an accident so we can begin investigating and preserving evidence.

How do I prove the trucking company was negligent?

Proving negligence requires demonstrating that the company owed you a duty of care, breached that duty through negligent conduct, and caused your injuries as a result. Evidence includes maintenance records, driver logbooks, black box data, employment records, drug testing results, and expert testimony. Our investigation will identify which negligent practices contributed to your accident.

What damages can I recover in a trucking accident case?

You can recover economic damages (medical bills, lost wages, rehabilitation costs) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). If the accident caused permanent disability, you can recover damages for reduced earning capacity. Wrongful death cases include funeral expenses and loss of financial support.

What is vicarious liability?

Vicarious liability holds an employer responsible for the negligent actions of its employees when those actions occur within the scope of employment. In trucking cases, this means the company is liable for the driver’s negligence even if the company didn’t directly cause the accident. This doctrine ensures that injured victims can recover from the company’s insurance rather than relying solely on the driver’s personal assets.

How long does a truck accident case typically take?

Settlement timelines vary depending on the case’s complexity and the insurance company’s willingness to negotiate fairly. Some cases settle within months, while others take a year or longer. If your case goes to trial, the process may extend further. Our attorneys will keep you informed throughout and work to resolve your case as efficiently as possible.

What should I do immediately after a truck accident?

Call 911 to report the accident and request emergency medical care. Document the scene with photographs and video if you’re able. Get contact information from witnesses. Preserve evidence by keeping the damaged vehicle and not discarding any personal items. Seek medical attention even if you don’t feel injured—some injuries appear hours or days later. Contact an attorney before speaking with insurance adjusters or representatives of the trucking company.

Contact Crantford Meehan for Your Truck Accident Claim

If you’ve been injured in a trucking accident in Charleston or anywhere in South Carolina, don’t face the trucking company and its insurance company alone. Crantford Meehan has the experience, resources, and commitment to investigate your case thoroughly and fight for the compensation you deserve. We offer free consultations and work on a contingency fee basis—you pay nothing unless we recover money for you. Call (843) 832-1120 today to speak with an attorney about your truck accident claim. We’re available 24 hours a day to answer your questions and discuss your legal options.

Our Charleston office is located at 50 Folly Road Boulevard, and we also serve clients from our Summerville and Florence locations. Let Crantford Meehan help you hold the negligent trucking company accountable and secure the recovery you need to move forward.