When you’ve been hit by a commercial truck in Greenville, South Carolina, the physical and emotional impact can be overwhelming. Beyond the initial shock, many victims are left wondering who’s responsible and whether legal action is possible. If a truck company’s vehicle has damaged your car-whether while driving, parking, or even loading/unloading-you may be entitled to file a claim.
In South Carolina, including Greenville, the law allows individuals to pursue personal injury claims if someone else’s negligence caused damage to their property. Truck companies are no exception. However, pursuing legal actions against a trucking company can be more complex than it initially seems. Let’s break down your rights, legal actions, and what steps you should take if your car has been damaged by a commercial truck.
Understanding Truck Company Liability in Greenville, SC
Commercial truck companies are legally responsible for the actions of their drivers if those actions occur within the scope of employment. This means that if a truck driver, while working, causes damage to your vehicle, the company could be held liable.
Key examples include:
- A delivery truck backing into your parked vehicle
- A semi-truck sideswiping your car while changing lanes
- Cargo from a truck damaging your car due to poor loading
- A reckless driver failing to check rearview mirrors or blind spot
If the damage occurred due to driver negligence, poor vehicle maintenance, or company policies that encouraged unsafe driving, you have a right to seek compensation.
Common Causes of Truck-Related Car Damage
Understanding the cause of the accident is essential for building your case. Some of the most common scenarios include:
- Driver fatigue or inattention
- Improperly secured cargo, leading to falling objects
- Mechanical failure from lack of truck maintenance
- Poor visibility, especially in rows of vehicles or tight parking areas
- Failure to observe Greenville traffic law
Whether the collision occurred on a highway, side street, or during a delivery on public roads, the truck company’s responsibility can come into question. This also applies to motor vehicles involved in traffic accidents.
Can You Sue the Truck Company Directly?
Yes, you can sue a truck company directly if their employee caused the damage during their work-related duties. In legal terms, this is known as vicarious liability. Additionally, if the company itself contributed to the incident-say, by not servicing their vehicles or failing to train drivers-they can be held independently liable.
If the damage was substantial, your personal injury claim may include both damage to property and any emotional trauma or physical severe injuries resulting from the accident, such as traumatic brain injury or neck injury.
Proving Liability: What You’ll Need
To successfully bring a case against a truck company, you’ll need to prove:
- Duty of Care – The truck driver and company had a duty to drive responsibly
- Breach of Duty – They acted negligently (e.g., careless driving, poor training)
- Causation – Their actions directly caused the damage to your car
- Damages – You suffered losses (property, financial, physical)
Gathering evidence is essential. This can include:
- Accident photos
- Dashcam or surveillance footage
- Eyewitness statements
- Medical records (if injured)
- Police reports
- Truck inspection logs or company maintenance records
What if You’re Partially At Fault?
South Carolina follows a comparative negligence rule. This means that even if you were partially responsible for the accident, you may still recover compensation-so long as you’re less than 51% at fault.
For example, if you were 20% responsible and the total damages were $10,000, you could still recover $8,000. However, if your responsibility exceeds 50%, you may not be eligible for compensation. A thorough investigation can help establish fault percentages accurately using comparative negligence rules and percent at fault analysis.
Types of Compensation You May Be Entitled To
If your case is successful, you may receive compensation for:
- Car repair or replacement costs
- Rental vehicle expenses
- Lost wages, if the accident disrupted your work
- Towing and storage fees
- Pain and suffering, in case of traumatic brain injury
- Medical bills, especially for neck injury
- Fair compensation for all losses, including personal injury
Role of Legal Representation
Truck companies and insurance companies usually have legal teams ready to defend their interests. That’s why it’s important to seek help from a law firm experienced in auto accidents and truck accident injuries.
At Ted Law Firm, we’re committed to helping people in South Carolina-from truck accident victims to car crash clients-deal with the aftermath of vehicle crashes, truck accidents, or even a truck crash.
Steps to Take After Your Vehicle Is Damaged by a Truck
- Call Law Enforcement – Always file an official report
- Seek Medical Attention – Even if you feel fine, injuries like internal bleeding or neck strain can appear later
- Document Everything – Photos, videos, witness statements
- Avoid Giving Recorded Statements to insurance companies
- Consult an Attorney before accepting any offer
Time Limits: South Carolina’s Statute of Limitations
You typically have three years from the date of the accident to file a personal injury or truck accident claim in South Carolina. However, evidence fades fast-so act quickly.
Can Insurance Cover It Without a Lawsuit?
Sometimes, insurance companies settle a claim directly. However, these offers may not reflect fair compensation. Always consult with an experienced truck accident attorney to understand your options.
Final Thoughts: Know Your Rights
If your car was damaged in Greenville, South Carolina by a commercial truck, you’re not powerless. Whether it was a truck driver, passenger vehicle, or cargo truck, personal injury claims allow you to fight back.
Trucking companies must be held accountable for driver negligence, especially when truck accident lawyers and truck accident attorneys are involved. Even truck operators, truck passengers, and truck riding enthusiasts can be affected.
At Ted Law Firm, we help victims of traffic law violations, auto accidents, and truck fatalities seek fair compensation. Whether you’re on two wheels or four, we’re here for you.
Need help after a truck-related or truck-related accident in Greenville, SC? Contact Ted Law Firm today for a consultation.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
