Tractor Trailer Accident Attorney

 

Negligent or careless truck drivers can leave a trail of damage in their wake. The extreme difference in weight and size between tractor-trailers and passenger vehicles means you and your loved ones could be permanently disabled or killed. Getting justice against these negligent truckers and trucking companies takes skill and a Charleston tractor trailer accident attorney who fights fiercely for your needs.

At Joe Cunningham Law, you can hire a qualified and compassionate tractor-trailer accident lawyer who will treat you with respect and integrity. Our Charleston truck accident lawyer has the background to take on large trucking companies and their insurance adjusters, ensuring you get the compensation you deserve for the damage they caused. Arrange a free consultation to discuss what to do after your truck accident in South Carolina.

Choose Joe Cunningham as Your Champion After a Tractor-Trailer Accident

At Joe Cunningham Law, you will work with dedicated and professionally recognized legal advocates. Our team has a deep understanding of South Carolina trucking laws and regulations. We are not afraid to stand up to big trucking companies on your behalf. We offer a strong background in how insurance companies work, meaning we can fight back against the tactics they use to pay you less.

As a former U.S. Congressman, Joe brings his drive to serve others into his law practice, treating you with dignity, respect, and compassion. We are proud of our reputation among clients and within the legal community, and we hold ourselves to a high standard when representing those who are hurt and vulnerable. We conduct a thorough investigation of each case and pursue justice for you as much as necessary.

For those concerned about how to afford a tractor-trailer accident lawyer, we offer a contingency payment structure. If we accept your case, you do not pay our fees until we secure a settlement or jury award for you. Coupled with a free, no-risk consultation, you can find the answers you need to determine if you should pursue your claim without fear of a financial burden. 

Major South Carolina Highways Carry a Greater Risk of a Tractor-Trailer Accident 

While a commercial truck crash can happen anywhere, including local city streets and even your own neighborhood, there are some roads in South Carolina where the chance of a collision is much higher. The South Carolina Department of Public Safety reported the following data for South Carolina Highways in 2023:

• I-26: This stretch of road between Charleston and Greenville experienced 5,235 collisions, causing 25 deaths and 1,362 injuries.
• I-85: This highway had 3,651 crashes, causing 777 injuries and 21 fatalities.
• I-20: Cutting across the state from Florence to Augusta, this road had 2,176 accidents with 600 injuries and 18 deaths.
• I-77: This road saw 1,689 vehicle collisions, 447 injuries, and 11 deaths.
• I-95: The SC stretch of this major corridor between Florida and the Northeast experienced 1,740 crashes, 22 deaths, and 544 injuries.
• US 17: This highway that hugs the SC coastline saw 4,974 accidents, including 1,942 in Charleston County and 1,963 in Horry County. 

Some of these highways are narrow and only have two lanes, or they present difficult approaches to bridges, such as the Arthur Ravenel, Jr. Bridge and Ashley River Bridge in Charleston. For tractor-trailer accidents across all SC roads and highways between 2021 and 2025, the Federal Motor Carrier Safety Administration (FMCSA) reported 1,926 truck collisions, with 47 deaths and 1,207 injuries. 

Many Factors Make Tractor-Trailers More Dangerous Than Passenger Vehicles

According to the FMCSA, the average commercial truck weighs around 80,000 pounds fully loaded, which is 20-30 times more than a standard passenger vehicle. A tractor-trailer’s greater height and length mean it can impact multiple vehicles on the roadway, putting you at risk of injury even if you are not that close when an accident happens. These trucks are also more difficult to stop, slow down, and maneuver when unexpected conditions precipitate a crash.

For example, suppose a driver ahead of an 18-wheeler is distracted by texting on their phone, which is illegal under SC law as of September 1, 2025. They drift into the path of the truck, causing the truck driver to slam on the brakes to avoid rear-ending the negligent motorist. This sudden action causes the larger vehicle to tip over, crushing an adjacent vehicle and causing serious injuries.

Other wrecks occur because the truck driver engaged in negligent behavior, such as:

• Driving while distracted by an electronic device
• Driving under the influence of alcohol or illegal substances
• Driving longer than federal regulations allow
• Failing to obey traffic laws
• Driving too fast for conditions
• Driving aggressively or recklessly
• Disobeying speed limits
• Failing to inspect their trucks for potential malfunctions before each route

Driver carelessness, combined with the danger of the much larger vehicle in their hands, means people like you get hurt. Fortunately, your Charleston tractor-trailer accident lawyer from Joe Cunningham Law can research your case and collect evidence showing what happened and who is to blame. 

Tractor-Trailer Drivers Are Not Always at Fault

There can be multiple parties who are at fault in your tractor-trailer crash. In our example earlier, we mentioned a careless driver who drifts into the truck’s lane. Identifying that person means your attorney could pursue a claim against that individual as well as against the trucking company. 

Other examples of potentially negligent people and companies in a crash include:

• Passengers in the truck cab who interfere with the driver’s ability to operate the vehicle
• Motorists who leave large debris or objects on the roadway
• Parts or truck manufacturers who create defective products
• Repair or maintenance shops that perform substandard work
• Trucking companies that fail to properly vet, train, or discipline their drivers
• Fleet operators who do not maintain their vehicles for safety
• Cargo loaders or distributors who do not balance and secure freight

Truck accident investigations are extremely complicated and often involve multiple factors that you, as an injured victim, may not expect. You may also be physically unable to fight for yourself, which may let the negligent parties get away without any consequences. Instead of taking this chance, seek out the qualified Charleston tractor-trailer accident attorneys at Joe Cunningham Law.

We Build a Powerful Case for You by Gathering Robust Evidence

To present a successful tractor-trailer accident claim, you must be able to demonstrate the timeline that led to the crash and who is at fault. This requires a thorough examination of the facts, supported by appropriate documentation showing how the other party was negligent. Some examples of evidence we might use include:

• Photos of the scene, road conditions, and weather
• Video from traffic, security, and dashboard cameras
• Witness statements
• Expert testimony
• Medical records and reports
• Auto repair or replacement estimates
• Accident reconstruction reports
• GPS tracking data or event data recorder (EDR) data
• Manufacturing and training documents
• Driving record for those at fault
• Police collision reports

Our tractor-trailer accident attorneys in Charleston, SC can help your case by gathering information at the accident scene, if you are physically able. You could take photos of the damage and your injuries, ask witnesses for their contact details, and exchange information with the other people in the crash. This material can be invaluable to your tractor-trailer accident attorneys as they begin working on your case. 

Our Attorneys Use This Evidence to Establish Negligence by the At-Fault Party

In civil cases like personal injury lawsuits, the burden of proof is on you as the plaintiff to show these four elements of negligence:

1. Duty: You must establish that the tractor-trailer driver or other liable party owed you a duty of care to act in a reasonable manner to avoid causing harm to others.
2. Breach: You must show evidence indicating that the at-fault person or company breached (failed) their duty through their action or inaction.
3. Cause: You must demonstrate a direct connection between the negligent behavior and your injuries and property damage.
4. Damages: You must calculate and show support for your financial and subjective losses associated with your harm that the at-fault parties must pay due to their negligence.

Even if you are filing an insurance claim as a first step, you will benefit from preparing as if you are going to trial. By securing materials that clearly demonstrate how the truck driver or other party caused or contributed to your injuries, you open the path to securing the compensation you need. We always work to resolve your case as soon as possible, but are always ready to fight for you for as long as it takes to achieve a fair settlement. 

You May Be Able to Pursue a Tractor-Trailer Claim Even If You Are Partly at Fault

Another complication in truck accidents occurs when you, as the victim, are partly to blame for what happened. This usually does not affect your ability to seek compensation, but it can significantly reduce what you recover. Under SC Code of Laws Section 15-38-15, you can only file a claim for damages if you are 50% or less responsible. 

Suppose you were following too closely to a tractor-trailer when the truck driver, who was distracted by his GPS, slowed unexpectedly to avoid a car that changed lanes. This causes you to crash into the rear of the trailer, suffering serious injuries. If you are assigned 30% of the fault, your compensation will be 30% less than what you requested, so a $100,000 jury award becomes $70,000 in damages. 

Although you may want to deny any fault, it is vital that you are honest with our accident attorneys about what happened. This allows them to prepare for the possibility that the other side will insist you carry enough blame to reduce or eliminate their responsibility. Armed with honest and accurate information, your lawyer can present the best case available to obtain appropriate financial relief. 

South Carolina Sets Strict Deadlines for Filing Your Truck Accident Lawsuit

If you are severely injured, you may face a long recovery before you feel well enough to return to your job and handle legal concerns about your case. Unfortunately, you do not have forever to take action when others are to blame for your tractor-trailer crash. Under the SC Code of Laws Section 15-3-530, you must file your lawsuit within three years of the date you are injured, or you could lose your right to do so.

Building a solid case requires weeks or months of research, investigation, and planning. The sooner you contact Joe Cunningham Law, the sooner our tractor-trailer accident attorneys in Charleston can begin working in your best interests. There may be exceptions to the statute of limitations, but we can only discover those when you come to us right away. We also have a better chance of obtaining crucial evidence before it is erased or the memory fades. 

Because we cannot predict whether your case will settle during insurance negotiations or require more aggressive legal action, you should get in touch with us as soon as you are well enough. We will review your circumstances, provide our best advice, and then get to work if we accept your case. We manage all the filings and paperwork to prevent you from missing your opportunity to hold others accountable for hurting you. 

Contact our Tractor Trailer Accident Attorney in Charleston, SC

Dealing with the paperwork, negotiations, and stress of a truck crash can be overwhelming without a trustworthy ally to guide you through the process. At Joe Cunningham Law, we are dedicated to maximizing your compensation while minimizing your worries. You can rest easy and focus on your recovery while we tackle the details of how to hold the liable party accountable.

Start your journey of getting your life back on track when you contact us to arrange a free case review. We are ready to listen to your story and help you find the confidence to move forward with your claim against those who hurt you or your loved one. Reach out and get started today.