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Proving liability is critical in any South Carolina truck accident case. Common ways to prove liability include traffic violations, careless driving behavior, trucking company management, truck design flaws, load management, and regulatory violations.
What does it mean to prove liability in a South Carolina truck accident case?
Proving liability in a South Carolina truck accident case starts with knowing what you have to prove. Liability is usually based on negligence. Negligence is a legal term that means someone wasn’t being careful enough.
Everyone involved in vehicle travel must exercise reasonable care for the safety of others. Unfortunately, most accidents can be traced to someone doing something, or failing to do something, that isn’t careful enough.
To prove liability, you must show:
- The facts. You must prove what the other party did or failed to do.
- The negligence. You must prove that their actions were negligent, creating an unreasonable risk of harm.
- The harm. The other party’s negligence must be the cause of harm.
When a victim proves these things, they’ve shown that the defendant is liable in a South Carolina truck accident case.
Okay, so I must prove negligence. How do I do that?
Proving Liability in a Truck Accident Claim
Truck accident liability may be based on driving behavior on the road immediately before the accident. For example, the truck driver may have been going too fast for conditions.
However, the negligence that results in truck accident liability may be removed in time from the accident itself. For example, the trucking company may have hired an unqualified driver two years before the accident. They may have failed to remove or retrain the driver when there were signs of poor driving skills. The truck itself may have a manufacturing defect that isn’t known until an accident occurs 20 years after the truck is made.
What Evidence Is Crucial for Proving Truck Accident Liability?
Evidence that is crucial for proving truck accident liability must answer the questions: What happened? How was it negligent? How did it cause the accident?
What happened?
- Eyewitness testimony
- Vehicle data recorders
- Accident reconstruction
- Photographs of damaged vehicles
- Vehicle inspection
- Tests and experiments
- Location of debris
- Trucking company operational logs
- Maintenance logs
- Vehicle design information
- Experts to explain scientific or technical data
Evidence may describe the accident as it happened. Additional evidence may work backwards from accident reconstruction or explain events and circumstances leading to the collision.
How was it negligent?
- Statutory violations, traffic laws
- Trucking regulations
- Expert witnesses to explain how action created risk of harm
- Information relating to common practices in the trucking industry
- Admissions
In addition, you may make arguments about the unreasonableness of defendant behavior.
How did it cause the accident and harm?
- Medical records
- Experts to explain causation
- Experts relating to injury and damages
- Tests and experiments
- Witness testimony
Some pieces of evidence may overlap. For example, eyewitness testimony can prove driving behavior and that the accident was severe enough to cause harm.
The Importance of Maintenance Records in Proving Fault
Maintenance records may show negligent business practices of the trucking company. Of course, they aren’t likely to volunteer information about truck maintenance, but you can use discovery methods to access records. You may depose witnesses with knowledge of practices in general and maintenance of a specific truck.
How Federal Regulations Impact Truck Accident Liability
Trucking regulations exist at a federal and state level. Even though trucking companies should always follow regulations, sometimes they don’t – either accidentally or purposefully. Violating a regulation is strong evidence of fault.
For example, properly inspecting the vehicle before driving and at regular intervals could have revealed a maintenance defect. It may be the same defect that contributed to the crash.
Trucking regulations cover many topics. Proving truck accident liability may mean showing that a regulation exists and that it was violated, resulting in an accident.
Comparative Negligence in South Carolina Truck Accident Cases
Sometimes, more than one party is at fault for an accident. The truck driver may have merged into the lane when there was traffic present, but the passenger vehicle driver may have been speeding. The truck driver may have been following too closely, but there may have been a vehicle design that made the truck behave erratically and made it difficult to stop.
When fault is shared among multiple parties, it’s called comparative negligence. Comparative negligence may involve the plaintiff and the named defendant. The defense may point to a third party that is not part of the case as having liability. See S.C. Code § 15-38-15(D) (known as the empty chair defense).
Be aware that comparative negligence may be a question. You may need to respond to allegations of fault.
Holding a Trucking Company Liable for an Accident
A trucking accident claim begins with naming the defendant in the case. You must identify the responsible party or parties.
Evidence building should start as soon as possible. You may have representation from a truck accident attorney to pursue your case.
Contact a Lawyer
At Shealey Law Firm, our experienced lawyers know how to prove truck accident liability. Contact us now.