Who can be held liable for a commercial vehicle accident in South Carolina? When a car collides with a company vehicle or a big commercial truck, liability is not as straightforward as in an accident between two private vehicles.
In a simple car accident, liability depends on who was at fault for the accident. Commercial vehicle accident liability is more complicated because the driver is not the only party that may be liable. The driver’s employer and the maintenance crew and other parties can also be liable. To find out who is liable for a car accident with a commercial vehicle, consult a skilled personal injury lawyer.
Accidents Involving Commercial Vehicles in South Carolina
Here are the steps to take after an accident between a car and a commercial vehicle in South Carolina:
- Pull over, if possible, to move your car out of traffic
- Call 911 and report the accident
- Exchange information with the other driver
- Document the crash by taking photos or videos of everything relevant, including injuries, vehicle damage, road conditions, and any signs or traffic lights.
- Get contact information for any eyewitnesses
- Get medical help immediately
- Find a personal injury lawyer to represent you
- Have your lawyer contact the insurance company
Don’t make any statement to the other driver’s insurance company without talking to a lawyer.
The insurance company will do everything possible to deny liability or minimize your settlement, so your best move is to let the lawyer handle all conversations with them. Your lawyer will know what to say and what not to say.
Who Can Be Held Liable in a Commercial Vehicle Accident?
Under South Carolina law, multiple parties can share liability in the same case. Parties that can be held liable in a commercial vehicle accident include:
- The at-fault driver
- The employer
- The people who loaded the truck, in the case of a truck accident
- The vehicle maintenance company
The driver is liable if they are at fault for the accident. For example, if a truck driver drifted off and crashed into your car while violating federal hours of service regulations, they could be liable for driving without enough sleep. Commercial driver misconduct is a common cause of commercial vehicle accidents.
However, the trucking company can also be liable in the same situation if its policies encourage the driver to disregard safety regulations.
The crew responsible for loading the truck could be liable in a rollover or jackknifing accident. Improperly loaded cargo is a frequent cause of these accidents. However, the driver is likely liable in such an accident, as driver error is a factor in three-quarters of rollovers, according to the FMCSA.
The company in charge of truck maintenance can be liable if an improperly maintained part fails and causes the accident, or a manufacturer can be liable for installing a faulty part.
If the driver used the vehicle as part of their job, they may share the responsibility for a company vehicle accident with their employer.
Legal Doctrines That Determine Employer Liability
Under what circumstances can a commercial vehicle driver’s employer be liable for an accident? The relevant legal doctrines here are:
- Vicarious liability refers to any situation where one party is liable for the actions of another. The respondeat superior principle is one example of vicarious liability.
- Respondeat superior makes an employer liable for their employee’s actions when those actions were in the scope of employment.
A truck driver carrying cargo across the state is acting in the trucking company’s interests. Driving the truck is in the scope of the truck driver’s employment. Therefore, respondeat superior applies to truck accidents, which can make the trucking company vicariously liable for the truck driver’s actions.
Driving a company vehicle can also be within the scope of the driver’s employment. For instance, a pizza delivery driver driving a company car to deliver a pizza is acting within the scope of their employment. This means the employer may share delivery vehicle crash liability. A salesperson driving a company car to make sales is also acting within the scope of their employment.
A company that properly trains, supervises, and monitors its drivers is less likely to be found liable under the doctrine of vicarious liability. However, if the company fails to properly train the driver or negligently supervises the driver, then the company may be liable. South Carolina courts have found employers liable for negligent hiring of commercial drivers who went on to cause an accident.
Contact a Commercial Vehicle Accident Lawyer Today
Employer liability in a commercial vehicle accident in South Carolina is a complex question. Whether the employer has legal responsibility when a company vehicle is involved in an accident depends on many factors. A law firm with extensive experience in vicarious liability car accident cases can determine who is at fault in a business vehicle accident and who shares liability.
Commercial vehicle crash injuries are often severe, as many commercial vehicles are much larger and heavier than passenger cars. In a work vehicle accident lawsuit, you can seek compensation for:
- All your medical costs, including medications and the cost of ongoing nursing care
- Lost income, including not only lost wages but also any decrease in your lifetime earning capacity
- Pain and suffering, including emotional distress
Maxey McFarland Law is a Greenville, South Carolina, law firm with the experience needed to help you pursue the compensation you deserve. We aim to make a real difference in our community by helping injured people stand up for themselves in negotiations with the big insurance companies.
Our team can conduct a complete investigation of the accident in which you got hurt, determine who is liable, and demand compensation for your losses. We can conduct all negotiations for you, so you don’t need to worry about anything. If the insurance company doesn’t offer a full settlement that covers all your losses, we will not hesitate to take them to court. If you’ve suffered injuries in a car accident involving a commercial vehicle in Greenville, South Carolina, contact Maxey McFarland Law today at (864) 900-4231 to discuss your case with a compassionate attorney.
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