What is the statute of limitations for truck accidents in South Carolina?

South Carolina provides 3 years from the date of the accident to file a personal injury lawsuit under S.C. Code Ann. § 15-3-530. Wrongful death claims also have a 3-year deadline.

How does South Carolina's fault system affect my truck accident claim?

South Carolina uses modified comparative negligence with a 51% bar. If you are found 51% or more at fault for the accident, you cannot recover any damages. If you are 50% or less at fault, your recovery is reduced by your percentage of fault.

Are there damage caps in South Carolina truck accident cases?

South Carolina does not cap compensatory damages in truck accident cases. However, punitive damages are capped at the greater of 3 times compensatory damages or $500,000.

What is the average truck accident settlement in South Carolina?

South Carolina truck accident settlements typically range from $100,000 to over $750,000 depending on injury severity. Cases involving I-95 and I-26 corridor accidents often involve serious injuries with higher values.

How long do truck accident cases take in South Carolina?

Most South Carolina truck accident cases settle within 12-24 months. Charleston, Columbia, and Greenville courts handle significant commercial trucking cases efficiently.

What should I do after a truck accident in South Carolina?

Call 911 immediately, seek medical attention, document the accident scene with photos including the truck's company name and DOT number, gather witness contacts, and contact a truck accident attorney. South Carolina's fault threshold makes evidence crucial.

What makes South Carolina truck accidents unique?

South Carolina's I-95 corridor carries heavy East Coast freight traffic. The Port of Charleston is one of the busiest on the East Coast, generating significant truck traffic. I-26 connects Charleston to the inland areas with constant commercial vehicles.

Why do I need a truck accident lawyer in South Carolina?

South Carolina's 51% fault bar makes legal representation essential—being found just over 50% at fault eliminates your entire recovery. An experienced South Carolina truck accident lawyer can protect against unfair fault allocation.

Home / Truck Accident Attorney / South Carolina

South Carolina Truck Accident Attorney

State-specific legal information for truck accident cases in South Carolina. Find attorneys who understand South Carolina law, statute of limitations, and fault rules.

Free Case Evaluation

24/7 Available

No Fee Unless You Win

Last updated: January 15, 2025

Statute of Limitations

3 years

Personal injury claims

Wrongful death: 3 years

Fault System

Modified Comparative 51

South Carolina uses modified comparative negligence with a 51% bar. If you are 51% or more at fault,...

Damage Caps

Yes

South Carolina caps punitive damages at the greater of 3 times compensatory dama...

Settlement Calculator

Estimate your potential case value for South Carolina

Medical Expenses$50,000

Past and future medical costs

Lost Wages$25,000

Lost income and earning capacity

Pain & Suffering Multiplier3x

Based on injury severity (1 = minor, 5 = catastrophic)

Your Fault Percentage0%

South Carolina uses modified comparative 51 negligence system, your 0% fault may prevent recovery. Consult an attorney immediately to review your options.

Economic Damages:$75,000

Non-Economic Damages:$150,000

Total Before Fault Adjustment:$225,000

Estimated Settlement Range:

$135,000 - $225,000

Actual settlements vary based on evidence, defendant conduct, and case-specific factors

Note: Your state has damage caps that may limit non-economic damages

Get Free Case Evaluation

South Carolina Statute of Limitations

Personal Injury Claims

3 years

From the date of the accident to file a lawsuit. Missing this deadline bars your claim permanently.

Wrongful Death Claims

3 years

From the date of death to file a wrongful death lawsuit. Family members must act quickly.

Legal citation: S.C. Code Ann. § 15-3-530

Don't Wait Until the Deadline

Even though you have 3 years, trucking companies can legally destroy ELD data and logs after 6 months. Contact an attorney immediately to preserve evidence. Read more about statute of limitations exceptions.

South Carolina Fault System

Modified Comparative 51

South Carolina uses modified comparative negligence with a 51% bar. If you are 51% or more at fault, you cannot recover any damages. Below 51%, your recovery is reduced by your fault percentage.

What This Means for Your Case

Under South Carolina's modified comparative negligence rule, insurance companies will fight to assign you enough fault to bar recovery. Your attorney must effectively prove the truck driver's greater responsibility for the accident.

Legal citation: Nelson v. Concrete Supply Co., 303 S.C. 243 (1991)

South Carolina Damage Caps

Damage Caps Apply

South Carolina caps punitive damages at the greater of 3 times compensatory damages or $500,000. There are no caps on compensatory damages in truck accident cases.

Frequently Asked Questions: South Carolina Truck Accident Law

Learn More About Truck Accident Cases

Complete Truck Accident Lawyer Guide

Everything you need to know about hiring an attorney and what to expect

Truck Accident Settlements

Average payouts and factors affecting case value

How to File a Lawsuit

Step-by-step legal process explained

Truck Accident Statistics

State-by-state data and trends

View Other State Information

View All States

Expert-Verified Information

Expert-Informed

Content cross-referenced against expert guidance

Primary Sources:

•FMCSA
•NHTSA
•CVSA

View Our Expert Directory

Get Help with Your South Carolina Truck Accident Case

Connect with experienced truck accident attorneys who understand South Carolina law. Free consultation with no obligation.

Free Case Evaluation Learn More

South Carolina Statute of Limitations

Personal Injury Claims

3 years

From the date of the accident to file a lawsuit. Missing this deadline bars your claim permanently.

Wrongful Death Claims

3 years

From the date of death to file a wrongful death lawsuit. Family members must act quickly.

Legal citation: S.C. Code Ann. § 15-3-530

Don't Wait Until the Deadline

South Carolina Fault System

Modified Comparative 51

South Carolina uses modified comparative negligence with a 51% bar. If you are 51% or more at fault, you cannot recover any damages. Below 51%, your recovery is reduced by your fault percentage.

What This Means for Your Case

Legal citation: Nelson v. Concrete Supply Co., 303 S.C. 243 (1991)

Frequently Asked Questions: South Carolina Truck Accident Law