South Carolina truck accident laws come from state and federal sources. Some of these regulations apply to all drivers. Others are unique to commercial motor carriers including trucking companies.
Whether you are a commercial operator or a truck accident victim, it’s important to understand the laws.
At Bobby Jones Law, our truck accident lawyer in Greenville explains South Carolina’s truck accident laws.
Important South Carolina Truck Accident Laws
- Truck accidents in South Carolina should be reported to state or local law enforcement.
- Unless the accident is minor, law enforcement will respond and investigate. If they don’t respond, the vehicle owner or driver must submit their own report.
- An employer may be required to conduct post-accident drug and alcohol testing. (49 CFR § 382.303).
- State and federal officials may investigate the accident further. The trucking company must cooperate in the investigation.
- Authorities may issue citations. An investigation may result in penalties for regulatory violations.
- Trucking companies must keep records of accidents. They must provide information if requested by the authorities.
- An accident may be the basis for a legal claim.
Truck Accident Reporting Requirements in South Carolina
Federal accident records requirements
49 CFR § 390.15 creates two requirements for trucking companies when it comes to accidents: cooperation in an investigation and maintenance of records.
Cooperation in an investigation
If an official chooses to investigate, the trucking company must make records available. They must assist in an investigation, providing full, true, and correct answers to questions.
Recordkeeping
The trucking company must maintain an accident register. An accident must remain on the register for three years.
An accident register must include this information:
- Accident date
- Nearest city or town, state
- Driver
- Number injured
- Number of fatalities
- Whether hazardous materials were released
- Copies of accident reports from government entities or insurers
Any accident falling under 49 CFR § 390.5 must be a part of the register. The DOT supplies an accident register form that complies with the requirements.
What is the definition of accident for federal trucking laws?
49 CFR § 390.5 defines an accident as:
- An occurrence
- Involving a commercial motor vehicle
- Operating on a highway in interstate commerce
- Resulting in a fatality, bodily injury, or disabling damage
The definition of accident excludes occurrences while boarding or alighting from a stationary vehicle and cargo handling.
Other required reports including driver vehicle inspection reports may be requested for an official investigation.
State accident reporting requirements
South Carolina truck accident reporting requirements apply to all drivers, including commercial operators. S.C. Code § 56-5-1210 requires a driver in an accident resulting in injury or death to stop their vehicle and report the accident. A violation of the law is a misdemeanor or felony depending on whether serious injury or death occurred. Similarly, S.C. Code § 56-5-1220 creates requirements for responding to a property damage accident.
All drivers – commercial and non-commercial – must comply with S.C. Code § 56-5-1230. The law requires arranging for medical aid and exchange of relevant personal information.
S.C. Code § 56-5-1260 requires immediate reporting of any accident involving injury or death. The driver must make the report to the local police, county sheriff or nearest South Carolina Highway Patrol office.
S.C. Code § 56-5-1270 may require the owner or operator to submit a police report. If law enforcement doesn’t investigate, the owner or operator has 15 days to complete a report and submit it to the Department of Motor Vehicles. They must verify their motor vehicle insurance.
These accident reporting requirements apply to truck accidents and all accidents in South Carolina.
The South Carolina Department of Public Safety, Transport Police Division enforces commercial motor vehicle carrier laws in the state. (S.C. Code § 58-23-1120).
Truck Accident Investigation Reporting
When an accident involves a vehicle meeting the definition of a commercial vehicle, investigators will complete a Supplemental Truck and Bus Collision Report. The report is in addition to the Uniform Traffic Collision Report Form (TR310).
The report contains information about the motor vehicle carrier, the vehicle involved and the events of the crash. It states whether hazardous materials were being carried at the time of the crash, compliance with hazardous material placarding, and whether materials were released because of the crash.
Financial Compensation Laws for Truck Accidents
In general, truck accident laws for financial compensation are the same for trucking companies as they are for all motor vehicle operators. The party who causes an accident and injuries should pay for it. Negligence standards are the same, but with two important exceptions.
First, the standards of negligence are high for commercial operators. They are professionals who place large and heavy vehicles on the road. Not only can the trucking company be liable for the actions of their driver, but they may also be liable for negligence in hiring or supervising an unqualified driver.
Second, the regulations that apply to commercial truck drivers may be important when an accident occurs. Violation of trucking regulations may be strong proof of operator wrongdoing. Regulations cover many topics including hours of service, training requirements, vehicle weight and operating permits, signage, inspections and maintenance. These regulations may be important in proving the victim’s right to compensation.
Contact a Lawyer Who Understands Truck Accident Laws in SC
South Carolina truck accident laws serve multiple purposes. Reporting requirements help injured victims get the immediate medical attention they need. They allow authorities to investigate effectively. They may help regulators promote compliance and identify trends that may necessitate regulatory changes.
A lawyer can help you investigate the underlying factors of the crash. Through discovery procedures, they can gather records that the trucking company is required to keep. With a knowledge of federal and state trucking regulations, they can identify negligence and non-compliance. Your lawyer can help you build the evidence to prove your case and claim your compensation.
Talk to our firm today
Have you been hurt in a South Carolina truck accident? Do you have questions about truck accident laws and how they may impact your right to compensation? Contact our team at Bobby Jones Law to talk to a lawyer about your case.
