What Is the Statute of Limitations On Truck Accidents in South Carolina?
Trucking is responsible for most of the overland freight movement in the United States. South Carolina is uniquely positioned between major commercial hubs on the east coast, along with ports for shipping cargo, so it is no surprise that the trucking industry is booming in the Palmetto State.
With so many trucks on the road, it is important to take extra care to ensure safe driving. Even in the best of circumstances, accidents may occur. Unfortunately, collisions with semi-trucks often result in severe injuries or even death. If you or a loved one has been in a truck accident, you may be entitled to compensation for your injuries.
The statute of limitations on truck accidents extends three years after the accident. It is essential to seek legal counsel as soon as possible to have the best chance of maximizing your recovery. The Peace Law Firm understands the intricacies of South Carolina truck accident laws and can guide you through the process of achieving a favorable settlement or award.
What to Do When You Are in a South Carolina Truck Accident?
If you are hit by a semi-truck and sustain significant injuries, it is important to take steps to optimize the relief you can receive. These are some general guidelines for what to do if you are in an accident with a truck in South Carolina.
Call the Proper Authorities
With any accident involving a semi-truck, there is a good chance the road is obstructed, creating a potential for additional accidents. Call 911 to get in touch with law enforcement and emergency medical personnel. The dispatcher can ensure the proper authorities respond to the scene.
Seek Medical Attention
You should seek medical attention immediately following the accident, even if you aren’t sure you are injured. Sometimes injuries do not become apparent until some time after the accident. This includes emergency medical attention and any follow-up appointments. Keep all documentation of your medical treatment.
Do Not Sign Anything from an Insurance Company
Following an accident with a semi-truck, you may be filing a claim with the truck driver or the trucking company. An attorney can help you determine liability. It is important to understand the full value of your claim before agreeing to any settlement. Compensation should cover more than just your immediate expenses. An experienced attorney can negotiate on your behalf and ensure you are not settling for too little.
Keep Records of Everything
Keep all records and receipts of medical expenses and other costs. Also, keep records of your mental and emotional well-being. This information will be crucial to ensure you receive adequate compensation.
Consult a Personal Injury Lawyer in South Carolina
Trucking accidents can be even more complex than regular vehicle accidents. This complexity arises from the number of parties liable in truck accidents—from the driver to the trucking company to maintenance contractors. With the potential for multiple responsible parties, you need to act quickly after an accident to ensure that evidence is preserved and witnesses are identified. An injury attorney in South Carolina can help you determine the best strategy to ensure you receive a fair insurance settlement or file a lawsuit.
What is the Statute of Limitations on Truck Accidents?
A statute of limitations is a fixed period during which a lawsuit can be filed. The truck accident statute of limitations in South Carolina is three years from when the accident occurred. This limitation period ensures that the case is filed in a timely fashion that allows for it to be resolved. Over time, it becomes more difficult to conduct a thorough investigation, obtain evidence, and track down witnesses. The sooner you can file your case, the better. If the statute of limitations on truck accidents expires, you will likely be barred from filing the lawsuit.
Exceptions to the Truck Accident Statute of Limitations
South Carolina law has a few exceptions that may apply when the three-year statute of limitations for truck accidents expires. If a person is under the age of 18, they have a year to file a lawsuit once they turn 18. A similar law applies to people who are declared “insane” during the relevant three years. The limitation period is extended one year after they are declared “sane.” The filing period cannot extend more than five years based on sanity.
An exception also applies when the defendant is absent from the state of South Carolina for one or more continuous years after the accident. The period of the defendant’s absence will usually pause the running of the statutory period.
South Carolina Trucking Accident Lawyers
Following an accident, the last thing you want to do is worry about negotiating with insurance companies or filing a lawsuit. That is what we are here for. Our team of trucking accident lawyers understands the complexities of South Carolina personal injury law and will fight to ensure you receive what you need to recover. Contact the Peace Law Firm for your case consultation.