Driving in and around Greenville, especially on major routes like I-85, I-385, or the busy roads connecting to the Inland Port, means sharing the road with large commercial trucks. When a truck driver is distracted, the potential for a catastrophic accident grows immensely. In that brief moment, if the driver looks away from the road, a life-altering crash can happen.
If you or a family member has been involved in a collision with a commercial truck, you are likely facing significant challenges. Our truck accident lawyers are here to help you understand the link between distracted driving and truck accidents, and what your rights are under South Carolina law.
What is Distracted Driving?
The U.S. Centers for Disease Control and Prevention (CDC) breaks down distractions into three main types:
- Visual: Taking your eyes off the road, including looking at a phone, a map, or a passenger
- Manual: Taking your hands off the wheel, such as eating, adjusting a radio, or texting.
- Cognitive: Taking your mind off driving. Common examples include daydreaming or having a phone conversation, even hands-free
For a commercial truck driver, all three types of distractions are hazardous. Because of a truck’s massive size and weight, a slight misstep can lead to a devastating collision.
The Law on Distracted Driving in South Carolina
In South Carolina, distracted driving is a serious offense. The state has a ban on texting while driving, which prohibits explicitly reading, writing, or sending any text-based communication while a vehicle is on a public street or highway (S.C. Code § 56-5-3890). For commercial drivers, there are even stricter federal rules on using mobile devices while behind the wheel.
When a truck driver violates these laws and causes an accident, it can be robust evidence of negligence in a personal injury lawsuit. Negligence is a legal term for a failure to exercise the care that a reasonable person would in a similar situation. A distracted driver has failed in their duty to pay attention, and they can be held responsible for the harm they cause.
How Negligence Is Proved in a Truck Accident Case
Proving a truck driver was distracted can be a complex process. Unlike a simple car accident, a truck accident claim often involves not only the driver, but also the trucking company itself. Key sources of evidence in a truck accident case include:
- Cell phone records: These records can show if the driver was texting, calling, or using data at the time of the crash
- Electronic Logging Devices (ELDs): Commercial trucks are equipped with ELDs that track the driver’s hours of service, location, and speed. This data can also show signs of erratic driving that might indicate distraction
- Dash camera footage: Many commercial trucks have cameras that record the road or the driver’s cab
- Event Data Recorders (EDRs): The “black boxes” in a truck can record data like speed, braking, and steering in the moments leading up to a crash
- Witness statements: The testimony of other drivers or witnesses who saw the driver’s behavior before the crash can be invaluable
A truck accident claim is different from a car accident claim because it may involve federal regulations, complex corporate structures, and multiple at-fault parties. The trucking company can be held responsible for its driver’s negligence, as well as for its own actions, such as negligent hiring, training, or supervision.
South Carolina’s Modified Comparative Negligence Law
When you are a victim of a truck accident, the insurance company for the at-fault driver or the trucking company will likely try to argue that you were partially responsible for the crash. At this point, South Carolina’s modified comparative negligence law comes into play.
Under this law (S.C. Code § 15-38-30), you can still recover damages even if you were partially at fault for the accident, as long as your negligence was not greater than the negligence of the other driver or parties. In other words, if a court finds you were 50% or less at fault, you can still receive compensation. Even so, your total compensation would be reduced by your percentage of fault. For example, if your total damages were $100,000 but you were found to be 20% at fault, you would receive $80,000.
Steps to Take After a Truck Accident
After a truck accident, your priority is your health and safety. Consider these steps to protect your future legal rights:
- Call the police. A police report documents the facts of the accident, which can be an essential part of your claim
- Do not admit fault. Avoid making statements that could be used against you later
- Gather information. If you can, take photos of the scene, vehicles, and your injuries. Collect the truck driver’s name, their company’s information, and their insurance details
- Do not talk to the trucking company or their insurance company. They are not on your side and will use anything you say to reduce their liability
- Consult with a lawyer. Truck accident cases are complex and require a different level of knowledge than typical car accident cases
How We Can Help
After a traumatic truck accident, we understand you may be in a state of shock and pain. Our team at Hammack Law Firm is dedicated to providing compassionate legal representation. Our unique experience within the insurance industry allows us to anticipate their strategies and build a strong case on your behalf. We will handle all communication with the trucking company and their insurers so that you can focus on healing.
We will work diligently to ensure that your family law matter is resolved quickly and efficiently. We will investigate the details of your accident, from the scene of the crash to the driver’s history and the company’s records. Our goal is to make a real difference in the lives of our clients by providing unwavering support and guidance.
If you or a loved one has been injured in a truck accident in Greenville or anywhere in South Carolina, please call us at 864-766-7108 for a free consultation. We are here to help you understand your rights and get you the guidance you deserve.
