Charleston Truck Accident Lawyer
Truck accident cases are not car accident cases with bigger vehicles. They are governed by a separate layer of federal law, involve multiple potentially liable parties beyond the driver, and generate evidence — black box data, driver logs, maintenance records — that can disappear within 30 days if no one acts to preserve it. If you’ve been injured by a commercial truck in South Carolina, you have three years to file under SC Code §15-3-530 and a narrow window to secure the evidence that wins these cases.
Every type of commercial truck accident in South Carolina.
Commercial truck collisions range from highway jackknifes to dock loading accidents. Joe Cunningham Law represents clients across South Carolina in cases involving:
- Rear-end truck collisions
- Jackknife accidents
- Underride crashes
- Wide-turn accidents
- Blind spot accidents
- Cargo and load shift accidents
- Brake failure
- Fatigued driving / HOS violations
- Impaired driving
- Tire blowouts
- Multi-vehicle pileups
- Negligent hiring or supervision
If a passenger vehicle was involved in a multi-vehicle crash with a commercial truck, see our car accident page — those cases can involve both state and federal law depending on how fault is distributed.
Where truck cases diverge sharply from car accident claims.
Trucking companies operate under a separate layer of federal regulation. That changes the liability analysis, the evidence, and the insurance minimums.
Statute of Limitations SC Code §15-3-530
Three years from the date of the accident. For wrongful death: three years from the date of death. The evidence preservation clock runs on a completely different — and shorter — timeline.
Modified Comparative Fault SC Code §15-38-15
You can recover as long as your fault does not exceed 50%. Trucking companies’ rapid response teams arrive at serious accident scenes within hours to establish their narrative. Independent investigation is the counterweight.
Federal Motor Carrier Safety Regulations
This is where truck accident cases diverge sharply from car accident claims.
- Hours of Service (49 CFR Part 395): limits on consecutive driving time and required rest periods. Violations can establish negligence per se.
- Driver Qualification Files (49 CFR Part 391): CDL verification, employment history, motor vehicle record, medical certification. Negligent hiring if violated.
- Vehicle Maintenance Records (49 CFR Part 396): inspection, repair, and maintenance records. DVIRs must be retained.
- Electronic Logging Device Mandate: required since 2017 for most commercial motor vehicles. ELD data is highly accurate and subject to aggressive preservation by carriers.
Minimum Insurance Requirements
Federal law (49 CFR §387.9) requires minimum liability insurance of $750,000 for most commercial motor carriers — significantly higher than South Carolina’s $25,000 minimum for passenger vehicles.
Who Can Be Held Liable
- The truck driver (negligent driving)
- The trucking company (respondeat superior, negligent hiring, negligent supervision)
- The cargo loading company
- The truck or parts manufacturer
- The maintenance contractor
- The broker who arranged the shipment
Federal regulations require carriers to retain ELD data for only six months and DVIRs for only three months. Black box data can be overwritten within 30 days. A spoliation letter creates a legal obligation to preserve — and goes out the day we take your case.
From first call to resolution — evidence first, always.
Truck accident cases move faster than car accident cases in one critical respect: the evidence window. Here is exactly how we handle them.
Free consultation
We treat this call as the first step in an active investigation, not a scheduling formality.
Immediate evidence preservation
Spoliation letters go out immediately demanding preservation of: ELD data and paper backup logs; black box / Event Data Recorder data; Driver Vehicle Inspection Reports (DVIRs); driver qualification file; maintenance and inspection records; dash cam footage; dispatcher communications; drug and alcohol testing records.
Investigation
Police report, scene photographs, witnesses, FMCSA records on the carrier (safety ratings, prior violations, out-of-service orders).
Medical documentation
Catastrophic injuries are more common in truck cases. Do not settle before the long-term medical picture is complete.
Demand letter
Full economic and non-economic damages, reflecting FMCSA regulatory violations where applicable.
Negotiation
Trucking insurers are sophisticated. We negotiate from a fully prepared file. Most cases resolve here.
Litigation, if necessary
Joe Cunningham is a trial attorney. Discovery in truck cases includes depositions of the driver, safety director, and dispatcher; production of maintenance and qualification files; expert testimony on FMCSA compliance.
Economic damages
- Medical expenses
- Lost wages
- Loss of earning capacity
- Property damage
- Out-of-pocket expenses
Non-economic damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disfigurement
- Loss of consortium
Punitive damages
Under SC Code §15-32-520 where gross negligence is shown — deliberate Hours of Service falsification or knowingly placing an unqualified driver can meet this standard. Capped at $500,000 or three times compensatory damages.
A trial attorney who knows federal trucking law.
Truck accident cases involve federal regulatory frameworks most attorneys don’t work with regularly. Joe Cunningham is a trial attorney and former U.S. Congressman who represented South Carolina’s 1st Congressional District in the 116th Congress. He is admitted in South Carolina and the U.S. District Court for the District of South Carolina.
He handles a selective caseload because truck accident cases require real investigation from day one — not a form letter to the adjuster after the black box data has been overwritten. Every file gets real attention.
U.S. District Court, D.S.C.
Questions we hear before every first call.
Often both. Respondeat superior for the driver’s conduct plus separate theories: negligent hiring, negligent supervision, failure to enforce safety regulations.
Federal FMCSA regulations create additional legal duties for carriers. Minimum insurance is $750,000 versus $25,000 for passenger vehicles. Multiple parties can be liable. And critical evidence disappears within days or weeks — not months.
Three years under SC Code §15-3-530. Evidence preservation is urgent from day one.
Event Data Recorders capture speed, braking, and throttle position in the seconds before impact. Data can be overwritten within 30 days. We send a preservation demand the day we take your case.
FMCSA regulations: 49 CFR Part 395 (Hours of Service), Part 391 (driver qualification), Part 396 (maintenance), ELD mandate.
Yes. Under respondeat superior, the employer is liable for an employee’s on-the-job negligence.
Not necessarily a shield for the company. Courts look at the actual degree of control the carrier exercises. Federal regulations also impose non-delegable duties on carriers regardless of employment classification.
Call 911. Get medical attention. Document the truck’s USDOT number if you can safely do so. Do not speak with the carrier’s adjuster before consulting an attorney.
SC Code §15-38-15: you can recover if your fault is 50% or less.
Serious cases: one to three years.
Nothing upfront. Contingency fee.
Do not accept it. An immediate offer signals the carrier knows its exposure is significant and wants to close the claim before you understand the full scope of your damages. Consult an attorney before signing anything.
Talk to a Charleston truck accident lawyer.
Truck accident cases move fast — so does the evidence. No charge for the consultation. No fee unless we recover for you.
Charleston, S.C. 29407
Thank you. Your message is on its way to Joe.
We review every message personally and will get back to you, usually within the hour during business hours. For anything urgent, call (843) 633-3360.