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Columbia Truck Accident Lawyer

 

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A crash with an 18-wheeler, dump truck, or other commercial vehicle can change your life in a matter of seconds. The Law Offices of Kenneth Berger helps people in Columbia, Richland County, Lexington County, and across the Midlands who have been seriously injured, or who have lost a loved one, in a truck accident. We find out why the crash happened, identify every company responsible, and handle the insurance companies so you can focus on getting better.

If you were hurt in a truck accident in Columbia, call our Columbia office at (803) 790-2800 for a free consultation.

What Happens When You Call Us

  1. Free Consultation. Call or fill out our contact form, and we will listen to what happened and answer your questions. There is no cost and no obligation.
  2. We Protect the Evidence and Learn Your Story. Trucking companies begin building their defense right away, so we move quickly to preserve black box data, driver logs, and video. At the same time, we take the time to understand how the crash has changed your life, from surgeries and missed work to the smaller losses that add up every day, like not being able to pick up your child, sleep through the night, or drive on the interstate without anxiety.
  3. We Handle the Insurance Companies. Truck crashes often involve more than one insurance policy. We become the liaison between you and every insurer involved, communicating your full story and working to secure a full and fair recovery. You will always know where your case stands.

Do You Need a Lawyer for a Truck Crash Injury and What Does It Cost?

Not every crash requires a lawyer. If hiring an attorney would leave you with less money and more hardship, we will tell you so. But we recommend speaking with a truck accident attorney before you give a statement or accept any settlement if:

  • You suffered a serious injury, such as a traumatic brain injury, spinal cord injury, broken bones, or burns
  • You have missed time from work or may not be able to return to your job
  • A family member was killed in the crash
  • The trucking company or its insurer has already contacted you
  • More than one company may share responsibility, such as the driver's employer, a cargo loader, or a maintenance shop
  • Your losses may be greater than the trucking company's insurance limits

As for cost, our firm handles truck accident cases on a contingency fee basis. You pay nothing upfront, and you owe no attorney fees or case costs unless we recover money for you. We always offer free consultations.

Our Approach to Truck Accident Cases

Serious injury and wrongful death cases are the focus of our practice. Our mission is to obtain full justice for people whose lives were changed by someone else's negligence. Here is what that looks like in practice:

  • We learn what your life was like before the crash. South Carolina law aims to make you whole, and that means your case is about more than medical bills. It is also about the job you trained for, the hobbies you have had to give up, and the everyday routines that now take twice as long. We spend real time with our clients so we understand everything that was lost.
  • We look past the driver. Many truck crashes trace back to decisions a company made long before the wreck: hiring a driver with a poor record, skipping a brake repair, or pushing a driver past safe hours. We investigate those decisions so everyone responsible is held accountable.
  • We prepare every case for trial. Most cases settle, but thorough preparation from day one is what leads to a full and fair recovery.
  • We stay in touch. You will get regular updates, and you can always reach us by phone or email. You will never have to wonder what is happening with your case.
  • We become part of your team. We serve as your advocate and guide, and we handle every conversation with the insurance companies so you do not have to.

South Carolina Truck Accident Results for Our Clients

$5 Million Settlement: Orangeburg County Truck Wreck. A commercial truck ran a red light and struck a mother's SUV, leaving her with lasting neck, shoulder, and wrist injuries that limited what she could do for her children. Our investigation found the driver had blocked the cab cameras and refused a post-crash drug test, and the company had put him on the road despite his history. Read the full case result.

$1.225 Million Settlement: Dump Truck Brake Failure. A loaded dump truck crossed the centerline and hit our client head-on, breaking his hip, leg, and arm and putting his Air Force career in jeopardy. The company owner admitted the truck's brakes were scheduled for replacement the day before the crash, but the truck was loaded and sent out anyway. We recovered the trucking company's full policy limits and pursued an additional underinsured motorist claim. Read the full case result.

Confidential Settlement: Dump Truck Crash on I-77 in Columbia. A dump truck slammed into the back of a soldier's car on I-77, causing a concussion and a neck injury that later required surgery. We learned the driver had been fired from a prior job for too many accidents, and the company that hired him never checked his driving record. Read the full case result.

The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.

See more of our case results.

How We Handle Your Truck Accident Case

  1. Preserve the evidence. We send a preservation letter to the trucking company as early as possible. Commercial trucks record speed, braking, and location, and electronic logging devices track the driver's hours. Learn more about why the black box matters in a truck accident.
  2. Find out why the crash happened. We review the driver's qualification file, training records, drug and alcohol testing, and the company's inspection and violation history. We also check for violations of federal hours-of-service rules, which generally limit truck drivers to 11 hours of driving after 10 consecutive hours off duty.
  3. Identify everyone responsible. The driver, the trucking company, the cargo loader, a maintenance contractor, or a parts manufacturer may all share fault. Read more about who can be held liable in a South Carolina truck crash.
  4. Document the full impact on your life. We work with your doctors, and when needed, life care planners, economists, and crash reconstruction specialists, to show what the crash has cost you now and in the future.
  5. Pursue a full and fair recovery. We negotiate with every insurance company involved. If a fair settlement is not offered, we are prepared to take your case to trial.

Why Truck Accidents in Columbia Are Different

Columbia sits where I-26, I-20, and I-77 meet, and freight moves through the Midlands around the clock. Serious truck crashes happen on these interstates, at the interchanges that connect them, and on busy local roads like Two Notch Road, Garners Ferry Road, and Broad River Road.

A fully loaded tractor-trailer can weigh up to 80,000 pounds under federal law, roughly 20 times the weight of a typical passenger car. That difference in size is why truck crashes so often cause catastrophic injuries. Common causes include:

For a deeper look, read Common Causes of Tractor-Trailer Accidents on SC Interstates.

Truck cases are also more complex than car accident cases. They involve federal safety regulations, electronic evidence, multiple companies, and larger insurance policies. Crashes involving an impaired truck driver may also overlap with our work on drunk driving accidents.

What Your Truck Accident Claim Can Include

Every case is different. Depending on the facts, compensation may include:

  • Medical bills, both current and future
  • Lost wages and reduced ability to earn a living
  • In-home care, rehabilitation, and home or vehicle modifications
  • Pain, suffering, and emotional distress
  • Loss of enjoyment of life

In rare cases involving reckless or willful conduct, South Carolina law may also allow punitive damages. The standard is high, and it must be proven by clear and convincing evidence under S.C. Code Ann. § 15-33-135. To learn more about how value is determined, read how much a semi truck accident case is worth in South Carolina.

If you lost a family member in a truck crash, your family may have a wrongful death claim under S.C. Code Ann. § 15-51-10.

How Long You Have to File a Truck Crash Injury Claim

In South Carolina, most personal injury claims must be filed within three years under S.C. Code Ann. § 15-3-530. If a government vehicle was involved, such as a city garbage truck or a state-owned truck, shorter deadlines and special rules may apply under the South Carolina Tort Claims Act.

The practical deadline is much shorter. Black box data, driver logs, and surveillance footage can be lost within days, so it is best to talk with a lawyer as soon as you are able.

Talk With a Columbia Truck Accident Lawyer

Call our Columbia office at (803) 790-2800, our Myrtle Beach office at (843) 427-2800, start a live chat, or contact us online. We are happy to meet you at our office on Forest Drive, at your home, or in the hospital. If you are not ready to talk yet, you can request one of our free books on South Carolina injury law.

Frequently Asked Questions About Truck Accidents in South Carolina

What should I do after a truck accident in South Carolina?

After a truck accident in South Carolina, get medical care right away, report the crash, and take photos of the truck, including the company name and DOT number, if you can safely do so. Do not give a recorded statement to the trucking company's insurer. Contact a truck accident lawyer quickly, since black box data and driver logs can be lost within days.

Who can be held liable for a truck accident in South Carolina?

Several parties can share liability for a truck accident in South Carolina, including the driver, the trucking company, the cargo loader, a maintenance contractor, and a parts manufacturer. South Carolina law allows claims against all responsible parties in one case. Identifying all of them early can open up additional insurance coverage.

Can I sue the trucking company and not just the driver in South Carolina?

Yes. In South Carolina, a trucking company can be held responsible for a driver's negligence when the driver was working at the time of the crash. The company can also be held responsible for its own negligence, such as careless hiring, poor training, or skipped maintenance.

What if the truck driver was an independent contractor in South Carolina?

South Carolina courts look past the "independent contractor" label and examine the real working relationship. If the company controlled how, when, and where the driver worked, the company may still be held liable. This question depends on the specific facts of the case.

How much insurance do trucking companies have to carry?

Federal law requires most interstate carriers hauling general freight to carry at least $750,000 in liability coverage. Carriers hauling hazardous materials must carry more, and many carriers carry higher limits. Learn more about insurance limits for 18-wheeler accidents in South Carolina.

What happens if the trucking company's insurance is not enough to cover my losses in South Carolina?

If the trucking company's policy limits do not cover your losses in South Carolina, there may be other sources of recovery. These can include other responsible parties, additional policies, and your own underinsured motorist coverage. A lawyer can review every possible source so nothing is overlooked.

Why are truck accident settlements often larger than car accident settlements?

Truck accidents tend to cause more serious injuries because of the size and weight of commercial trucks. More serious injuries usually mean higher medical costs, longer recoveries, and greater lost income. Commercial carriers also typically carry larger insurance policies than individual drivers.

Should I talk to the trucking company's insurance adjuster after a crash in South Carolina?

You are not required to speak with the trucking company's insurance adjuster in South Carolina. Before giving any statement, it is a good idea to have a free consultation with a truck accident lawyer who can explain your rights.

How long do I have to file a truck accident lawsuit in South Carolina?

In South Carolina, you generally have three years from the date of the accident to file a personal injury lawsuit under S.C. Code Ann. § 15-3-530. Claims involving government vehicles may have shorter deadlines. Because evidence can disappear within days, it is best to talk with a lawyer as soon as possible.

How long does a truck accident case take to resolve in South Carolina?

Many South Carolina truck accident cases that settle without a lawsuit resolve within one to two years after medical treatment is complete. Cases that go into litigation can take two to four years or longer. The severity of the injuries is usually the biggest factor.

How much does it cost to hire a truck accident lawyer in South Carolina?

Our firm handles truck accident cases on a contingency fee basis. Consultations are free, and clients owe no attorney fees or case costs unless we recover money for them.