Essential Facts for Mt. Pleasant Truck Accident VictimsÂ
- A dedicated Mt. Pleasant truck accident lawyer at Shelly Leeke Law Firm will investigate your crash, identify all liable parties, and fight for full compensation.
- We send spoliation letters right away to secure crucial ELD (black box) records, telematics, dashcam footage, and driver logs before they are deleted.
- You can recover compensation if you are 50% or less at fault, subject to a standard 3-year filing deadline (or 2 years for government entities under the SC Tort Claims Act). Deadlines may vary, and exceptions may apply. Consult an attorney about the time limits for your claim.
- No attorney fee unless we recover compensation. Â
A fully loaded commercial truck can weigh 20 to 30 times as much as your car, and when one crashes into a passenger vehicle, the people in the smaller vehicle almost always suffer the worst of it. In 2023, 122 people were killed in South Carolina traffic crashes involving large trucks, most of them occupants of other vehicles, not the truck.
If you were hurt or lost someone you love in a truck accident in Mt. Pleasant, our Mt. Pleasant truck accident lawyers at Shelly Leeke Law Firm can investigate what happened, identify every liable party, and take on the trucking company’s insurer for the full compensation you are owed. Our office is at 222 W. Coleman Blvd., Mt. Pleasant, SC 29464, and we have represented injured South Carolinians since 2007.
Call (843) 920-5542 for a free consultation, available 24/7. No fee unless we win.
Why Truck Accident Cases Are Different
Commercial vehicle collisions involve complicated legal standards, higher insurance policy limits, and strict regulatory requirements that do not apply to typical passenger car accidents.Â
- More potential defendants. The driver, the trucking company, a separate truck owner, a third-party cargo loader, a maintenance contractor, a parts manufacturer, a bar that overserved the driver, or a government entity can all share fault.
- Federal rules apply. Interstate carriers must follow Federal Motor Carrier Safety Administration (FMCSA) regulations on driver hours, maintenance, and insurance and violations are powerful evidence of negligence.
- The evidence disappears fast. Electronic logging device (ELD) data, dashcam footage, and dispatch records can be overwritten within weeks. We send a spoliation (preservation) letter immediately so the carrier is legally required to keep them.
Where Truck Accidents Happen in Mt. Pleasant
Mt. Pleasant sees more heavy-truck traffic than most towns its size for one reason: the Port of Charleston’s Wando Welch Terminal sits on Long Point Road, and container trucks run between the terminal, I-526, and US-17 all day. Add the delivery trucks serving a fast-growing town, and truck crashes cluster on:
- Long Point Road and the Wando Welch Terminal access routes
- I-526 (Mark Clark Expressway) and its US-17 interchange
- US-17 (Johnnie Dodds Boulevard) and the Arthur Ravenel Jr. Bridge approaches
- SC Highway 41, where corridor construction adds congestion and lane shifts
- Coleman Boulevard and the Old Village area streets, where delivery trucks work narrow roads
After a serious crash, victims are typically treated at East Cooper Medical Center or Roper St. Francis Mount Pleasant Hospital, with the most severe injuries transferred to MUSC Health in Charleston. Crashes are investigated by the Mount Pleasant Police Department or the South Carolina Highway Patrol, and lawsuits are generally filed in the Charleston County Court of Common Pleas.Â
Types of Truck Accidents We Handle in Mt. Pleasant
Commercial vehicle collisions involve distinct hazards and strict federal regulations which is why attorney Shelly Leeke brings years of experience advocating for victims across Mt. Pleasant and the surrounding areas in all types of truck crash cases:Â
18-Wheeler and Semi-Truck Accidents
Fully loaded tractor-trailers need far more distance to stop than a car, have massive blind spots, and are difficult to maneuver in traffic. Common causes include driver fatigue, speeding to meet delivery deadlines, improper lane changes, and cargo loaded badly by a third party.
Container and Port Truck Accidents
Container trucks hauling to and from the Wando Welch Terminal often run on tight schedules under chassis and container arrangements involving several companies such as the motor carrier, the chassis owner, the shipping line, and the terminal. When one of these trucks causes a crash on Long Point Road or I-526, part of our job is untangling which of those companies is responsible.Â
Jackknife Accidents
A jackknife happens when the trailer pushes the cab sideways, and the rig folds at the hitch, swinging the trailer across multiple lanes. Sudden braking, slick roads, brake or equipment failure, overloading, and inexperienced driving are common triggers, and a jackknifed trailer can sweep several vehicles into one crash.
Tanker Truck Accidents
Tankers carry liquid cargo, and liquid shifts. That surge changes the truck’s weight distribution in motion, raising the rollover risk in curves and sudden stops. Tankers hauling fuel or chemicals add fire, explosion, and toxic exposure hazards such as burns, chemical injuries, and respiratory damage.Â
Because of these heightened risks, federal law (49 CFR § 387.9) mandates higher liability insurance limits for carriers transporting hazardous materials, requiring $1 million to $5 million in coverage, compared to $750,000 for general non-hazardous freight.Â
Overloaded and Improperly Loaded Trucks
Federal law generally limits trucks on the interstate system to 80,000 pounds gross weight under 23 U.S.C. § 127, with permits required for heavier loads. Federal cargo securement rules under 49 CFR Part 393 also govern how loads must be tied down, blocked, and braced. An overloaded truck takes longer to stop, strains its brakes and tires, and is significantly harder to control. Load records, weigh-station data, and shipping documents can show that a driver, warehouse crew, or logistics manager knew or should have known that the truck was over the limit.Â
Delivery Truck Accidents (Amazon, UPS, FedEx, USPS)
Delivery drivers work under intense time pressure, make frequent sudden stops, and navigate narrow streets like those in the Old Village and along Coleman Boulevard. Liability turns on who actually controlled the driver, the vehicle, and the route: many routes are run by independent contractors or third-party companies operating under a national brand’s name, including Amazon delivery service partners and FedEx contractor routes and the right defendant depends on that structure. Claims involving USPS or other government vehicles do not follow standard lawsuit rules; they require strict administrative procedures and shorter deadlines under the Federal Tort Claims Act (FTCA).Â
Garbage and Sanitation Truck Accidents
Garbage trucks operate stop-and-go on residential streets, often before sunrise, with large blind spots and hydraulic equipment in motion. Worn brakes, failing backup alarms, and skipped inspections cause many of these crashes. Municipal or county agencies may operate garbage trucks in Mt. Pleasant. Claims against a government entity fall under the South Carolina Tort Claims Act (S.C. Code § 15-78-120(a)), which caps statutory damages at $300,000 per person and $600,000 per occurrence and imposes a shorter 2-year filing deadline under § 15-78-110.Â
Note: Deadlines may vary, and exceptions may apply. Consult an attorney about the time limits for your claim. If a government truck hit you, do not wait on the standard three-year deadline; talk to a lawyer immediately.
Who Can Be Held Liable for a Mt. Pleasant Truck Accident?
Because commercial transport involves multiple commercial entities, establishing fault in a truck crash requires a thorough investigation to identify every party that contributed to your injuries.Â
- The truck driver for fatigued, distracted, impaired, or reckless driving.
- The trucking company for pushing drivers past federal hours-of-service limits, negligent hiring, or poor supervision.
- Liability may extend to a separate truck owner or maintenance contractor, as commercial trucks must be systematically inspected, maintained, and kept in safe working condition under 49 CFR Part 396.Â
- A third-party cargo or loading company for unbalanced, unsecured, or overweight loads.
- A parts or vehicle manufacturer for defective brakes, tires, or components, through a Mt. Pleasant product liability claim.
- A bar or restaurant that knowingly served a visibly intoxicated person under South Carolina dram shop laws (S.C. Code § 61-4-580 and § 61-6-2220) can be held liable, with liability capped at 50% or less.Â
- A government entity such as the Town of Mt. Pleasant, Charleston County, or SCDOT can be held liable for dangerous road conditions or government-operated vehicles, subject to the Tort Claims Act caps and deadlines above.Â
Our team gathers evidence you cannot get on your own: ELD (black box) data showing the truck’s speed and the driver’s hours, dashcam and telematics records, dispatch and route logs, driver qualification files, inspection reports, and past safety violations, and we work with accident reconstruction experts where needed. The police collision report (Form TR-310) is the starting point, not the whole story.Â
Federal Trucking Rules That Matter in Your Case
Commercial truck drivers and carriers must follow strict federal regulations. When a carrier or driver violates these rules and causes a collision, that violation becomes central evidence of negligence:
- Hours of service (49 CFR Part 395): Mandatory limits on daily driving time and required rest breaks designed to prevent driver fatigue.
- Electronic logging devices (49 CFR § 395.8): Federal rules requiring most commercial trucks to electronically record driving hours and duty status.
- Inspection, repair, and maintenance (49 CFR Part 396): Requirements for motor carriers to systematically inspect, repair, and maintain their vehicles.
- Cargo securement (49 CFR Part 393): Standards governing how cargo must be tied down, blocked, and braced.
- Minimum insurance requirements (49 CFR § 387.9): Mandates requiring at least $750,000 in liability coverage for general freight carriers, increasing up to $5 million for certain hazardous materials.
Key Distinction: A Gross Vehicle Weight Rating (GVWR) of 26,001 pounds is the threshold where a driver is generally required to hold a Commercial Driver’s License (CDL)—it is not a legal road weight limit. The general maximum weight limit for commercial trucks on interstate highways is 80,000 pounds gross.
What if the Trucking Company Blames You?
Expect it. South Carolina follows modified comparative negligence (Nelson v. Concrete Supply Co., 303 S.C. 243 (1991)): you can recover compensation as long as your share of responsibility is 50% or less at fault, and your award is reduced by your percentage of fault. At more than 50%, you recover nothing. If your damages are $100,000 and a jury finds you 20% at fault, you recover $80,000. The trucking insurer knows this math, which is why blame-shifting is its first move, and why building your own evidence is ours.Â
Compensation for Mt. Pleasant Truck Accident Victims
Depending on the severity of the crash and the extent of your losses, a truck accident claim allows you to pursue compensation for both economic and non-economic damages:Â
- Medical bills, including future and ongoing care
- Lost income and reduced earning capacity
- Vehicle repair or replacement, diminished value, and rental costs
- Household services you can no longer perform
- Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium
Punitive damages are possible but rare: a court may award them only on clear and convincing evidence that the defendant’s conduct was willful, wanton, or reckless under S.C. Code § 15-32-520, and amounts are capped in most cases under § 15-32-530. A drunk or grossly fatigued trucker is the kind of case where punitive damages become realistic.Â
One honest caveat: a liable party’s insurance policy limits often shape what can actually be collected, even in a strong case. The advantage in truck cases is that federal minimums make the policies larger part of our job is finding every policy and every liable party so those limits work in your favor.
What to Do After a Truck Accident in Mt. Pleasant
Taking the right steps immediately after a commercial vehicle crash protects your health and helps preserve critical evidence for your claim:Â
- Call 911 and report the crash; get the report number.
- Get medical care right away, even if you feel okay — some serious injuries surface days later, and a gap in treatment becomes the insurer’s argument.
- Photograph the vehicles, the scene, and your injuries; note the truck’s USDOT number and company name; collect witness contacts.
- Do not admit fault, give a recorded statement to the trucking insurer, or accept a fast settlement offer.
- Contact a Mt. Pleasant truck accident attorney quickly, so preservation letters go out before ELD data and camera footage disappear.
How Long Do You Have to File?
In most South Carolina truck accident cases, you have three years from the date of the crash to file a personal injury lawsuit under S.C. Code § 15-3-530(5). Wrongful death claims under S.C. Code § 15-51-10 et seq. are generally subject to a three-year deadline from the date of death.
Claims against a government entity under the South Carolina Tort Claims Act (S.C. Code § 15-78-110) must usually be brought within two years—extended to three years only if a formal verified claim is properly filed within one year under § 15-78-80. The two-year government deadline applies only to government defendants; for ordinary trucking companies, the three-year rule governs.
Deadlines may vary, and exceptions may apply. Consult an attorney about the time limits for your claim. Miss the deadline and you lose the right to recover, no matter how strong your case is.
Areas We Serve Near Mt. Pleasant
We represent truck accident victims throughout the East Cooper area, including Isle of Palms, Sullivan’s Island, Daniel Island, Awendaw, and McClellanville, as well as Charleston and North Charleston.Â
Talk to a Mt. Pleasant Truck Accident Lawyer Today
The trucking company’s insurer started working on this case the day of the crash. You should have someone in your corner too. Shelly Leeke Law Firm has successfully recovered significant compensation for injured clients, and our Mt. Pleasant truck accident lawyer handles truck accident cases on a contingency basis, which means no fee unless we win.
Call our Mt. Pleasant office at (843) 920-5542 or complete our contact form for a free, no-obligation consultation.
FAQs: Mt. Pleasant Truck Accident Lawyer SC
Which hospital should I go to after a truck accident in Mt. Pleasant?Â
Seek care immediately at East Cooper Medical Center or Roper St. Francis Mount Pleasant Hospital. For catastrophic injuries, EMS may transfer you directly to MUSC Health’s Level 1 Trauma Center in Charleston. Prompt evaluation creates vital medical evidence.
What if my loved one died in a truck accident?Â
Surviving family members may pursue a Mt. Pleasant wrongful death claim under S.C. Code § 15-51-10 through the estate’s personal representative. Compensation covers funeral costs, lost financial support, and loss of companionship within a three-year filing deadline.
What if I had a pre-existing injury before the truck crash?
You can still recover compensation under South Carolina law if the collision aggravated or worsened a pre-existing medical condition. Medical records and expert testimony are used to prove the crash’s direct impact on your health.
Should I speak to the trucking company’s insurance adjuster?Â
No. Insurance adjusters seek statement details to limit payouts or shift fault under South Carolina’s 50% threshold. Refuse recorded statements and let your attorney handle all communications to protect your rights and evidence integrity.
