South Carolina Truck Accident Lawyer: Fighting for the Injured After 18-Wheeler Wrecks
The impact was catastrophic. One moment, you were driving through the Congaree Vista in Columbia or heading toward the Port of Charleston on I-26. The next, 80,000 pounds of steel slammed into your life. In an instant, your car was crushed, your health was shattered, and your family’s future was thrown into uncertainty. When a semi-truck or commercial vehicle hits you in South Carolina, it isn’t a fair fight. These massive vehicles are 20 to 25 times heavier than your sedan, and the physics of the collision make serious, life-altering injuries almost inevitable.
We understand the terror you’re feeling. At Attorney911, led by our managing partner Ralph Manginello, we have spent over 25 years going toe-to-toe with the world’s largest trucking corporations and making them pay for the devastation they cause. Since 1998, Ralph has built a reputation for aggressive, relentless advocacy, securing multi-million dollar settlements for families whose lives were changed by negligence. We bring federal court experience to every case we handle, ensuring that whether your accident happened on I-95 near Florence or I-85 in the Upstate, you have a powerhouse legal team in your corner.
Trucking companies in South Carolina have rapid-response teams of lawyers and adjusters working to protect their interests before you even leave the emergency room. You need a team that moves even faster. Our associate attorney, Lupe Peña, provides an insider’s advantage: he spent years working for a national insurance defense firm. He knows their playbook, he knows how they attempt to minimize your suffering, and he knows how to break their defenses. We don’t just handle cases; we treat our clients like family. As our client Chad Harris said, “You are NOT just some client… You are FAMILY to them.”
If you have been hurt in a South Carolina trucking accident, the clock is already ticking. Evidence like black box data and electronic logs can be overwritten in as little as 30 days. Don’t let the trucking company bury the truth. Call Attorney911 right now at 1-888-ATTY-911 for a free, no-obligation consultation. We work on a contingency fee basis, meaning you pay nothing upfront and we only get paid if we win your case. Learn more about your rights in our definitive guide to commercial truck accidents.
Why South Carolina Trucking Accidents are Different
South Carolina serves as a critical artery for East Coast commerce. Whether it’s the thousands of containers moving daily through the Port of Charleston or the massive logistics chain serving the BMW plant in Spartanburg, our highways are flooded with commercial traffic. I-85, known as the “boom belt,” carries a constant stream of parts and vehicles, while I-95 handles the bulk of the Atlantic corridor’s freight. This high density of 18-wheelers, coupled with South Carolina’s unique terrain—from the coastal Lowcountry fog to the winding roads of the Upstate—creates a high-risk environment for passenger vehicles.
In South Carolina, a truck accident claim involves complex layers of state and federal law. While a regular car accident might involve one person’s insurance, a trucking wreck involves Federal Motor Carrier Safety Administration (FMCSA) regulations (49 CFR Parts 390-399), which dictate everything from how many hours a driver can be behind the wheel to how often the brakes must be inspected. Proving a violation of these federal laws is often the key to securing the multi-million dollar recoveries our firm is known for, such as our $1.5M to $9.8M range for Traumatic Brain Injuries and $1.9M to $9.5M for Wrongful Death cases.
We know South Carolina’s roads. We know the danger of “Malfunction Junction” in Columbia where I-26 and I-20 converge. We understand how fatigue affects a driver who has been hauling goods from Savannah to Charlotte and hasn’t slept in 15 hours. Our deep familiarity with local trucking corridors and our 25+ years of litigation experience give our South Carolina clients a distinct advantage.
Understanding South Carolina Trucking Laws and Your Rights
Navigating the legal system after a wreck in South Carolina requires precise knowledge of state-specific statutes. Missing a deadline or failing to understand negligence rules can result in your case being dismissed before it even starts.
The South Carolina Statute of Limitations
In South Carolina, you generally have three years from the date of the accident to file a personal injury or wrongful death lawsuit. While three years might seem like a long time, in the world of trucking litigation, it is a blink of an eye. Trucking companies are notorious for “losing” maintenance records or allowing electronic data to be “incidentally” deleted if a formal legal hold is not placed on the evidence. We recommend starting your case within 48 hours to ensure we can send a spoliation letter to preserve the truck’s black box data.
Modified Comparative Negligence (The 51% Bar Rule)
South Carolina follows a modified comparative negligence rule. This means you can still recover damages even if you were partially at fault for the accident, as long as your fault is not greater than 50%. If you are found to be 51% or more responsible, you are barred from recovering anything. Furthermore, your compensation will be reduced by your percentage of fault. For example, if a jury determines your damages are $1 million but finds you 20% at fault because you were slightly over the speed limit, your recovery would be $800,000.
Because South Carolina insurance adjusters aggressively try to shift blame onto victims to save money, having a former insurance defense attorney like Lupe Peña on your side is critical. We know how to counter their arguments and prove that the trucking company’s negligence—whether it was a tire blowout, brake failure, or driver fatigue—was the primary cause of the crash.
Damage Caps in South Carolina
While many states have strict caps on all damages, South Carolina law is more favorable to victims in personal injury cases. There is NO cap on economic damages (medical bills, lost wages) or non-economic damages (pain and suffering) in standard South Carolina trucking accident cases. However, South Carolina does have a cap on punitive damages, which are intended to punish gross negligence or reckless conduct. Under South Carolina Code § 15-32-530, punitive damages are limited to the greater of three times the compensatory damages or $500,000.
Our firm has gone toe-to-toe with global giants like BP and Fortune 500 corporations, and we know how to build a case that warrants maximum recovery under these laws. Whether it is a $10 million lawsuit against a major university for hazing or a multi-million dollar settlement for an amputation, Ralph Manginello and the Attorney911 team have the grit to win. Watch our ultimate guide to car accident settlements here.
Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.
Federal Regulations: The Key to Proving Negligence
Every 18-wheeler, box truck, and delivery van on South Carolina’s roads must comply with FMCSA regulations. When these rules are broken, it isn’t just a mistake—it’s a violation of federal law. We meticulously audit trucking company records to find the “smoking gun” that proves their negligence.
49 CFR Part 395: Hours of Service (Driver Fatigue)
Federal law is clear: property-carrying drivers are limited to 11 hours of driving time after 10 consecutive hours off duty. They cannot drive beyond the 14th hour after coming on duty and must take a 30-minute break after 8 cumulative hours of driving. Despite these rules, driver fatigue remains a leading cause of wrecks on I-26 and I-95. Companies often pressure drivers to ignore these limits to meet delivery windows at South Carolina distribution centers. We subpoena Electronic Logging Device (ELD) data to prove when a driver has been pushed beyond their legal and physical limits.
49 CFR Part 391: Driver Qualification
Trucking companies have a non-delegable duty to ensure their drivers are qualified. This means conducting background checks, verifying CDL status, and ensuring the driver is medically fit. When a company hires a driver with a history of DUIs or multiple accidents, they are liable for negligent hiring. Our investigation includes a deep dive into the Driver Qualification File to see if the company put a “dangerous instrument” in the hands of an unqualified driver.
49 CFR Part 396: Inspection, Repair, and Maintenance
South Carolina’s heat and hill climbs in the Upstate place immense stress on truck components. 49 CFR § 396.3 requires every motor carrier to systematically inspect, repair, and maintain their vehicles. If an 18-wheeler’s brakes fail because the company deferred maintenance to save a few dollars, we hold them accountable for every dime of your damages. Brake problems contribute to 29% of all large truck crashes—this is a preventable tragedy.
Accident Types on South Carolina Highways
Not all truck accidents are the same. The mechanics of the crash determine the type of evidence we need and the severity of the injuries you face.
Jackknife Accidents
A jackknife occurs when the trailer swings out perpendicular to the cab. This often happens on South Carolina’s wet roads or during sudden braking on I-85. An 80,000-pound trailer sweeping across three lanes of traffic is impossible for a passenger car to avoid. These accidents often result in multi-vehicle pileups and catastrophic crush injuries. Get more information in our guide to 18-wheeler injuries.
Underride Collisions: The Most Lethal Crash
Underride collisions occur when a car slides underneath the rear or side of a semi-trailer. Because of the height of the trailer, the passenger compartment of the car is often sheared off, leading to decapitation or fatal head trauma. While federal law (49 CFR § 393.86) requires rear impact guards, many are poorly maintained or lack the strength to stop a car at highway speeds. We investigate whether the “Mansfield Bar” on the back of the truck was defective or improperly installed.
Blind Spot and Wide Turn Accidents
Semi-trucks have massive “No-Zones.” If you were hit by a truck merging on a South Carolina highway, it may be because the driver failed to check their mirrors or lacked advanced blind-spot detection technology. Similarly, “squeeze play” wide turns in urban centers like Charleston often trap cars between the truck and the curb. We hold companies accountable for failing to equip their fleets with the camera systems and sensors available in modern trucking.
Tire Blowouts and Manufacturing Defects
A tire blowout on an 18-wheeler at 70 mph can cause an immediate and uncontrollable rollover. Poor maintenance, over-inflation, or using retreaded tires on the front axle (which is illegal and dangerous) are common causes. We also look for manufacturing defects. If a defective part caused your wreck, we may pursue a product liability claim against the manufacturer in addition to the trucking company. Watch our video on truck tire blowouts.
Corporate Giants and South Carolina Industry
When you are hit by a truck branded with a corporate logo, you are fighting a Fortune 500 powerhouse. Attorney911 has a documented history of litigating against the biggest names in the world, including Walmart, Amazon, FedEx, UPS, and Coca-Cola.
Amazon Delivery Van Accidents
Amazon has fulfillment centers across South Carolina, including major hubs in Lexington and Spartanburg. They use a “Delivery Service Partner” (DSP) model to try to shield themselves from liability, claiming the drivers are independent contractors. We know how to pierce that shield. Amazon controls the routes, the quotas, and monitors drivers with AI-powered Netradyne cameras. If an Amazon van hit you, we fight to hold Amazon itself accountable, not just the small contractor.
Walmart Transportation
Walmart operates one of the largest private fleets in America. These trucks are a constant presence on I-26 and I-20. Because Walmart is often self-insured, they fight trucking claims with an intensity that most small firms can’t handle. With 25+ years of experience, Ralph Manginello has the resources and the federal court admission to take on Walmart’s army of lawyers and secure the settlement you deserve.
South Carolina Industrial Fleets: BMW and Boeing
The BMW plant in Greer is the largest BMW factory in the world. It generates a massive daily volume of “just-in-time” logistics traffic—trucks carrying parts and finished vehicles that are under extreme pressure to meet strict schedules. Boeing in Charleston creates similar demands. This time pressure often forces drivers to speed or skip mandatory rest breaks. When industrial giants prioritize production over public safety on South Carolina’s roads, we are the firm that makes them answer for it.
Port of Charleston and Cargo Liability
Accidents involving container chassis from the Port of Charleston often involve “multi-party” liability. Who owned the container? Who maintained the chassis? Was the cargo improperly secured (49 CFR § 393.100)? If a shifting load caused a rollover on the Cooper River Bridge, we investigate the shipping company, the loader, and the motor carrier to find every available insurance policy.
The 48-Hour Evidence Preservation Protocol
Trucking companies have systematic procedures to protect themselves after an accident. To protect yourself, you need to be just as organized. Within 48 hours of a wreck, you should have an attorney who has already filed “spoliation” demands.
Why the Spoliation Letter is Critical
A spoliation letter is a legal notice that forces the trucking company to preserve specific pieces of evidence. Without this letter, the company can legally delete “black box” data once the device’s storage is full. We demand the preservation of:
- Engine Control Module (ECM) Data: Shows speed, gear position, and brake application in the seconds before impact.
- ELD Logs: Proves how long the driver had been working.
- Driver Qualification File: Includes drug test results and background checks.
- Maintenance Logs: Shows if known defects were ignored.
- Telematics and Dashcam Footage: Many modern trucks, especially those from Amazon and Walmart, have video and GPS data that can prove exactly how the driver was behaving.
If a company destroys evidence after receiving our letter, we ask the court for “adverse inference” instructions, telling the jury to assume the destroyed evidence would have proven the company’s guilt. This is the level of aggressive litigation you need. I’ve had an accident—what should I do first? Watch here.
Catastrophic Injuries and Their Life Impact
The injuries resulting from a truck crash are rarely “minor.” We represent South Carolina families dealing with the most severe medical crises.
Traumatic Brain Injury (TBI)
A TBI changes everything. Even a “mild” concussion can lead to permanent cognitive deficits, personality changes, and loss of employment. For moderate to severe TBIs, our firm has secured settlements in the $1.5M to $9.8M+ range. We work with neurologists and neuropsychologists to document the full extent of your brain injury, ensuring the insurance company sees more than just a normal-looking CT scan. Learn more about brain injury lawsuits.
Spinal Cord Injury and Paralysis
A spinal cord injury often means a lifetime of 24/7 care, home modifications, and specialized medical equipment. The lifetime cost of care for a quadriplegic can easily exceed $10 million. We identify all liable parties—from the driver to the corporate parent—to ensure there is enough insurance coverage to fund your life care plan.
Amputations and Crush Injuries
Losing a limb is both a physical and psychological trauma. We fight for compensation that covers the best prosthetic technology available, ongoing physical therapy, and the mental health support needed to navigate this transition. Client Glenda Walker said we “fought for me to get every dime I deserved.” In amputation cases, that means millions.
Psychological Trauma: PTSD and Driving Anxiety
You don’t have to be physically scarred to be “injured.” The terror of a truck accident frequently leads to Post-Traumatic Stress Disorder (PTSD) and a paralyzing fear of driving. These are legitimate, compensable injuries. We ensure that your mental anguish is treated as seriously as a broken bone. Can I get a PTSD payout? Watch our video here.
Insurance Stacking: How We Maximize Your Recovery
One of the biggest mistakes a general practice lawyer makes is accepting the first insurance policy they find. In professional trucking litigation, we look for multiple layers of coverage.
| Liable Party | Typical Insurance Policy |
|---|---|
| Truck Driver | Personal auto or small carrier policy |
| Trucking Company | $750,000 to $5 Million primary liability |
| Freight Broker | Contingent liability policies |
| Cargo Owner | Separate logistics insurance |
| Corporate Parent | Excess and umbrella policies (often $25M+) |
Federal law requires $750,000 minimum for general freight, but that is rarely enough for a South Carolina family facing a lifetime of medical bills. We use the MCS-90 endorsement, a federal safety net that ensures victims are compensated even if the trucking company’s policy has technical exclusions. Our insight into these “deep pocket” insurance structures is what allows us to recover $50,000,000+ for our clients firm-wide. What is an MCS-90 endorsement? See our guide.
Liable Parties: We Sue the Entire Chain
Most firms only sue the driver. We investigate every entity that touched the load.
- The Truck Driver: For direct negligence like speeding or distraction.
- The Trucking Company: For vicarious liability and negligent maintenance.
- The Cargo Loader: If an unbalanced load caused a jackknife or rollover.
- The Freight Broker: For hiring a “sub-par” carrier with a bad safety rating.
- The Parts Manufacturer: If a defective tire or brake component failed.
- The Corporate Giant: If Amazon, Walmart, or Boeing directed the unsafe operations.
- Rental Companies: If a U-Haul or Penske truck was rented to an unqualified driver.
- Government Entities: If poor road design or a bridge strike in South Carolina was the cause.
South Carolina Truck Accident FAQ
1. How long do I have to file a truck accident claim in South Carolina?
In South Carolina, the statute of limitations is generally three years from the date of the accident. For some cases involving government-owned vehicles (like a city bus), the notice requirements may be much shorter. Always consult an attorney immediately to avoid losing your rights.
2. Can I still recover if I was partially at fault?
Yes. South Carolina uses modified comparative negligence. You can recover as long as you are 50% or less at fault. Your settlement will be reduced by your percentage of responsibility.
3. What is my South Carolina truck accident case worth?
Every case is unique. Value is determined by total medical bills, lost future income, the severity of the injury, and the available insurance coverage. Catastrophic trucking cases routinely result in seven and eight-figure recoveries.
4. Should I accept the trucking company’s initial settlement offer?
NO. Their first offer is almost always a lowball attempt to make the case go away before you know the full extent of your injuries. Once you sign, you can never ask for more. What should you not say to an insurance adjuster? Watch here.
5. Do I need to pay a lawyer upfront?
No. At Attorney911, we work on a contingency fee. We take 100% of the financial risk. We advance all costs for experts and investigators. If we don’t win your case, you owe us nothing.
6. What if the truck that hit me was from out of state?
Trucking is an interstate business. Because Ralph Manginello is admitted to Federal Court (Southern District of Texas) and has dual-state licensure, we are equipped to handle complex jurisdictional issues where an out-of-state company injures someone on a South Carolina highway.
7. Who pays my medical bills after a truck wreck?
The trucking company’s insurance is responsible for your bills, but they won’t pay them as they come in. They pay a lump sum at the end. We can help you find “attorney-approved” doctors who work on a medical lien (Letter of Protection), meaning they wait for payment until your case settles. Learn about vetting attorney-approved doctors.
8. Can I sue for a wreck involving an Amazon van in South Carolina?
Yes. While Amazon often claims their “DSP” drivers aren’t employees, we use the “Right-to-Control” test to prove Amazon is legally responsible. Amazon’s pervasive monitoring and route control make them a primary target for liability.
9. What is a “nuclear verdict”?
A nuclear verdict is a jury award that typically exceeds $10 million. These are becoming more common in trucking cases because juries are increasingly fed up with corporate giants cutting corners on safety. Recent verdicts in the industry have reached $100 million to $1 billion.
10. Can I sue for a “right hook” bicycle accident with a truck?
Yes. The “right hook” is the #1 cause of cyclist fatalities involving trucks in urban areas like Columbia or Charleston. We investigate whether the truck was equipped with required side-view mirrors and blind-spot sensors.
Why Choose Attorney911 for Your South Carolina Case?
When you call 1-888-ATTY-911, you aren’t getting a call center or a case manager who has never seen the inside of a courtroom. You are getting:
- 25+ Years of Grit: Ralph Manginello has been taking on corporate giants since 1998.
- Insider Knowledge: Lupe Peña knows exactly how insurance companies value—and undervalue—claims.
- National Capability: We handle cases against Fortune 500 defendants across the country with federal court experience.
- Catastrophic Results: We have recovered tens of millions of dollars for victims of TBI, spinal cord injuries, and wrongful death.
- Direct Communication: As client Brian Butchee noted, we keep you informed. “Melanie kept me informed and when she said she would call me back, she did.”
- Spanish Language Representation: No translators needed. Hablamos Español directly.
Industry Trends: The Rise of Nuclear Verdicts
Juries across America are sending a clear message: public safety is more important than corporate profit.
- $1 Billion awarded in Florida for an I-95 trucking fatality involving negligent hiring.
- $150 Million settlement for a Texas family after a Werner Enterprises truck killed two children.
- $462 Million verdict in Missouri for a fatal underride crash.
These aren’t just numbers—they are life-changing resources for families who have lost everything. At Attorney911, we prepare every South Carolina case as if it is going to trial. This “trial-ready” reputation is what forces insurance companies to offer fair settlements. They know that if they don’t pay fairly, Ralph Manginello will see them in front of a jury.
Act Now Before the Evidence is Erased
The trucking company that hit you on I-26 today is already building their defense. Their adjuster has already photographed your car. Their lawyer is already looking for ways to blame YOU for the wreck. You cannot afford to wait.
Whether you were hit by an Amazon van in Greenville, a Walmart 18-wheeler in Columbia, or a container truck in Charleston, you deserve a fighter. You deserve a firm that treats you like family and has the 25 years of experience needed to win.
Your fight for justice starts with one call.
1-888-ATTY-911
24/7 National Trucking Accident Hotline
Free Consultation | No Fee Unless We Win
Watch our video guide on what to do after a car accident.
Learn how we calculate pain and suffering.
Hablamos Español. Llame al 1-888-ATTY-911.
Professional offices available for meetings in:
- Houston (Main): 1177 West Loop S, Suite 1600
- Austin: 316 West 12th Street
- Beaumont: 1635 Dunlavy St.
We serve trucking accident victims throughout South Carolina and the United States. Don’t let the big trucking companies win. Call today.