In 2022, there were 81 fatalities from collisions involving truck tractors in South Carolina. Families are left devastated, both personally and economically.
When negligence or more serious misconduct results in a fatal trucking accident, it is considered a wrongful death.
Experienced Greenville wrongful death lawyer Bobby Jones explains wrongful death truck accidents in SC.
Understanding Wrongful Death Laws in South Carolina
Wrongful death laws in South Carolina are the path to justice and compensation when a fatality occurs because of the wrongful act of another. Most cases are not based on purposeful conduct. Instead, most claims are based on negligence or a lack of reasonable care that created a risk of harm.
Purpose of personal injury claims
When negligence results in injury, the person who is hurt can bring a legal compensation claim. This process serves multiple purposes. It compensates the person for their losses, although money can never fully compensate a person for physical suffering. It also holds the offender accountable and may result in a finding of liability.
And the personal injury process discourages negligent behavior in general.
Wrongful death laws in SC
When negligence results in fatality rather than injury, the victim cannot bring a claim.
Instead, wrongful death laws in South Carolina allow survivors to bring a claim. Instead of focusing on what the injured person has lost, the claim focuses on harm to survivors due to the loss of their loved one.
To receive compensation, survivors must bring a claim. In South Carolina, this is done through a personal representative. The wrongful death law applies to trucking accidents.
Common Causes of Fatal Truck Accidents
- Speeding
- Following too closely to other vehicles
- Improper lane change
- Aggressive driving
- Violating hours of service limits for truck drivers
- Keeping a dangerous driver on the road
- Inadequate vehicle maintenance
- Operating without correct signage and lights on the truck
- Failing to take weather and road conditions into account
- Drunk driving, drugged driving
- Continuing to operate despite medical conditions
- Load not secure, load off balance
- Poor operating skills, inadequate training
Understanding negligence as a basis for wrongful death
A negligent act that leads to a truck accident can happen seconds before an accident occurs. For example, a driver failing to adjust their speed to account for traffic can quickly cause an accident. Other acts of negligence, such as an inadequate truck inspection that leaves a maintenance issue unaddressed, may occur weeks or even months before an accident. A truck accident wrongful death lawyer can help you investigate the underlying causes.
Trucks, commercial vehicles, and mandatory insurance coverage
All vehicles in South Carolina are subject to mandatory insurance minimums. This includes vehicles owned by a business, personal vehicles used for work purposes, and contractors who use vehicles in their work. Generally, personal vehicles must be insured for $25,000 per person bodily injury, $50,000 bodily injury total, and $25,000 property damage.
But trucks and other commercial vehicles have higher minimum coverage requirements.
South Carolina Minimum Truck Insurance Amounts – Chart
| Type of commercial vehicle | Mandatory insurance minimum |
| Cargo trucks (under 10,001, non-hazardous) | $300,000 |
| Intrastate only, freight under 10,000 GVWR) | $500,000 |
| General freight trucks (10,001 pounds, non-hazardous) | $750,000 |
| Oil carriers | $1 million |
| Hazardous materials trucks | $5 million |
There are also insurance minimums for commercial passenger transportation. The required amounts vary depending on whether travel is interstate or within South Carolina and passenger capacity.
Commercial trucking companies must maintain the required insurance. When pursuing a wrongful death truck accident claim in SC, investigating insurance policies is an important step in securing compensation.
Who Can File a Wrongful Death Claim After a Truck Accident?
In South Carolina, the personal representative files the case. Usually, that’s the person named in the will, but if no one is named, the court will appoint someone using a priority list.
Even though the personal representative pursues the case, they may or may not receive proceeds from it. In South Carolina, who benefits from a truck accident wrongful death claim depends on who survives the victim. Beneficiaries may include:
- Spouse
- Children
- Parents
- Other heirs (which may include siblings)
Note: Truck accident wrongful death often involves interstate trucking companies. An important aspect of any claim is determining where to file. It may be a question of where you can file a case or a question of where you should file a case.
Determining where to file the case can be an important question because it may change who files and who the beneficiaries are. A wrongful death lawyer can help you answer these questions.
Evidence Needed To Prove Negligence in a Truck Fatality
Evidence to prove negligence in a trucking fatality must show the breach of the duty of care, causation, and damages.
Like all negligence claims, a truck fatality claim begins with proving legal fault. Negligence may be an affirmative act, like speeding.
It may also be a failure to act, like not fixing a maintenance issue. Determining fault means looking at all factors to see if each party acted reasonably. South Carolina uses a comparative fault standard.
Establishing causation
With negligence established, you must prove that the negligence was the cause of the accident. For example, say a trucking company violates service hours. The driver falls asleep after a long period of driving without a break. Falling asleep caused them to rear-end the vehicle in front of them. Negligence—driving for too many hours without a break—caused the accident. You must show how negligence caused the accident in your case.
Damages
Establishing negligence and causation makes the defendant liable to pay damages. But what damages?
Damages reflect the loss of the family member. The person may have provided financial support or household services and caregiving that must be now replaced.
In addition, losing a loved one causes grief and anguish. The family has lost the care, guidance, and company of the person. This loss can be valued and compensated, and it is a question that is unique to the circumstances and the survivors.
Types of Compensation Available in a Wrongful Death Case
- Medical expenses
- Funeral expenses, burial costs
- Loss of income
- Value of household and caregiving services
- Loss of companionship and guidance
- Emotional anguish
If the estate paid final medical expenses and funeral costs, those items may be included in a survival action.
FMCSA guidelines – proving your case
The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry. These regulations can be instructive of practices in the industry, including driver hours of service, vehicle marking, hazardous materials, and driver substance use testing because wrongful death claims can have statutory damages, an experienced truck accident lawyer needs to know these guidelines.
Why You Need an Experienced Truck Accident Attorney in Greenville
An experienced truck accident attorney in Greenville can help you with the many complex parts of a truck accident wrongful death case. To receive full and fair compensation, many things must happen. You must follow the steps, build the evidence, and fight the tactics that the trucking companies may use to avoid paying fair compensation. An attorney is a professional who handles these tasks while you are grieving. They pursue your claim efficiently, answering your questions and fighting for the compensation you deserve.
Truck Accident Wrongful Death Lawyer
Have you lost a loved one? We invite you to contact a truck accident wrongful death lawyer. Talk about what happened and see how a lawyer can help. Contact Bobby Jones Law today.
