Accidents involving commercial vehicles can be especially devastating. These vehicles, such as tractor-trailers, delivery trucks, buses, and company vans, are larger and heavier than passenger cars, meaning the injuries and damage they cause are often severe. If you have been involved in a crash with a commercial vehicle in South Carolina, you may be wondering: Can I file a lawsuit?
The answer depends on the circumstances of your case, but in many situations, yes, you can pursue a lawsuit to recover compensation for your injuries, lost wages, medical bills, and more. Below, we’ll break down what you need to know about your rights after an accident with a commercial vehicle.
Understanding Commercial Vehicle Accidents
A “commercial vehicle” is any vehicle used for business purposes. This category includes:
- 18-wheelers and semi-trucks
- Delivery trucks (FedEx, UPS, Amazon vans)
- Company cars used by employees for work purposes
- Buses and shuttles
- Construction and utility vehicles
Because these vehicles are often owned by businesses and operated by employees, commercial vehicle accidents differ from typical car accidents in terms of liability and legal complexity.
Who Can Be Held Liable?
One of the first steps in pursuing a lawsuit is identifying all potentially responsible parties. In a commercial vehicle accident, more than one party may be liable:
- The Driver – If the driver was negligent (speeding, distracted, impaired, or fatigued), they can be held accountable.
- The Employer or Company – Employers are often liable for the actions of their employees under a legal doctrine called respondeat superior. If the driver was on the clock and acting within the scope of their employment, the employer may share responsibility.
- The Trucking or Delivery Company – If the company failed to properly hire, train, or supervise its drivers, or pressured drivers to meet unrealistic schedules, it may be liable.
- The Vehicle or Parts Manufacturer – If a defective tire, brake system, or other part contributed to the crash, the manufacturer may be responsible under product liability law.
- Maintenance Contractors – If improper maintenance led to the accident, the third-party company responsible for upkeep could be held liable.
This makes commercial vehicle accident cases more complex than ordinary auto collisions, because multiple defendants and insurance companies may be involved.
Filing a Lawsuit vs. Filing an Insurance Claim
After a commercial vehicle accident, you generally have two paths:
- Insurance claim – Most cases begin with filing a claim against the at-fault driver’s or company’s insurance policy. Commercial insurance policies often have higher limits than personal auto policies, which can be beneficial if your injuries are severe.
- Lawsuit – If the insurance company refuses to offer a fair settlement, you may file a lawsuit to pursue your damages in court.
In South Carolina, the statute of limitations for personal injury claims is generally three years from the date of the accident, though there are exceptions. Missing this deadline could prevent you from filing a lawsuit, so it is important to act quickly.
Damages You Can Recover
If you file a lawsuit after a commercial vehicle accident, you may be able to recover compensation for both economic and non-economic damages, including:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Rehabilitation and therapy costs
- Property damage to your vehicle
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In rare cases, punitive damages may also be awarded if the at-fault party’s conduct was reckless, such as a trucking company knowingly forcing a driver to exceed federal hours-of-service rules.
Why Commercial Vehicle Accidents Are More Complex
Several factors make these cases more challenging than a typical car accident claim:
- Federal and state regulations – Trucking and commercial transport companies must follow strict safety rules regarding driver hours, vehicle inspections, and cargo loading. Violations can be critical evidence in your case.
- Large insurance companies – Commercial insurers are highly motivated to minimize payouts and often have aggressive legal teams.
- Multiple parties – As discussed above, several companies may share liability, making the case more complicated to investigate.
- Severe injuries – Because commercial vehicles are larger and heavier, accidents often cause catastrophic injuries, leading to higher damages and more resistance from insurers.
How an Attorney Can Help
If you’ve been in a commercial vehicle accident, having an experienced attorney is vital. A lawyer can:
- Investigate the accident thoroughly, including driver logs, maintenance records, and black box data.
- Identify all responsible parties.
- Handle negotiations with multiple insurance companies.
- Ensure compliance with South Carolina deadlines and legal procedures.
- Take your case to trial if a fair settlement cannot be reached.
By pursuing a lawsuit when necessary, your attorney can ensure you are not left bearing the financial burden of someone else’s negligence.
Contact McWhirter, Bellinger & Associates!
If you were injured in an accident involving a commercial vehicle, you may have the right to file a lawsuit against the driver, their employer, or other responsible parties. These cases are often complex, but they also provide opportunities to seek meaningful compensation for the harm you’ve suffered.
The key is to act quickly, preserve evidence, and consult with an experienced personal injury lawyer who understands the unique challenges of commercial vehicle accidents. With the right legal support, you can hold the responsible parties accountable and protect your future.
