Truck Accident Attorney Charleston, SC

Injuries from trucking accidents can have serious short and long term consequences.

Let us help you get the compensation you deserve!

Need a Truck Accident Attorney in Charleston, South Carolina?

The Charleston, South Carolina, commercial truck accident lawyers at Seaton & Duncan have the experience that you need to maximize your recovery when a tractor-trailer driver or the trucking company’s negligence causes serious personal injury or someone’s death.

Tractor trailers and other commercial vehicles are necessary to keep the shelves stocked and the economy running. However, tractor-trailers can also be 80,000-pound implements of mass destruction, and negligence in their operation or maintenance can lead to catastrophic damage, injuries, and deaths on the road.

Because of this, commercial vehicle drivers, trucking companies, and maintenance workers must comply with all state and federal regulations, including hours of service rules and record-keeping.

Truck drivers have a duty to operate their vehicles safely, and trucking companies have a duty to ensure that their trucks are properly maintained and their drivers are properly trained. When the driver or company’s negligence causes damage or injuries, they are responsible for the damage they have caused, including wrongful deaths.

If you’ve been injured, or if your family member was killed by a commercial truck, delivery driver, eighteen-wheeler, or other commercial vehicle on the highway, you will need an experienced advocate to help you recover the full and fair damages you are owed under South Carolina law based on the facts of your case.

The trucking accident lawyers at the Seaton & Duncan care about you, your future, and your case..

The Charleston Truck Accident Attorneys at

Seaton & Duncan Care About You, Your Family, and Your Case

Your trucking litigation attorneys at Seaton & Duncan will do everything legally and ethically possible to win your case.


Our eighteen-wheeler crash attorneys care about you, your family, and your case. Because we care, we will fight for every dollar you deserve to receive in compensation for your injuries. You didn’t ask for this to happen, and recovering from a traumatic event like a trucking accident or the unexpected loss of a family member is not easy.

Your truck crash lawyer will be there with you from start to finish, whether your case is settled by the insurance company or requires complex litigation.

What does it mean to win your case?

In most truck crashes or wrongful death cases, it means to recover the maximum damages allowable under South Carolina law and the facts of your case in either a settlement or a verdict.

When you retain a Charleston, South Carolina, commercial truck crash attorney at Seaton & Duncan, your lawyers will:

  • Meet with you to learn about your case, answer your questions, help identify your goals, and help determine your next steps;
  • Communicate with the insurance companies on your behalf;
  • Investigate the crash and gather the evidence you will need to prove your claims, including maintenance logs, inspection reports, cargo records, weigh station receipts, hours of service records, and data from the event data recorder (the EDR or “black box”);
  • Help you to retain private investigators or experts as needed;
  • Identify all possible defendants and potential sources of recovery;
  • Assist you in getting the medical treatment you need and ensure that you have fully recovered or have an expert opinion on the value of future medical care before settling your case;
  • Demand full and fair compensation from the defendant driver, trucking company, other defendants, and their insurance companies;
  • File a lawsuit if the defendant and their insurance companies do not settle your claim; and
  • Litigate your case through a trial and appeal, when necessary.

South Carolina trucking Accident Law

The Charleston, South Carolina, Truck Accident Lawyers at Seaton & Duncan have the experience you need to recover the maximum damages available under South Carolina Law and the facts of your case.

Your truck accident attorneys at Seaton & Duncan have extensive experience investigating trucking accidents, gathering evidence of truck drivers’ and companies’ failure to comply with federal and state regulations, negotiating with insurance companies, litigating truck accident claims, and trying civil cases to a jury verdict.

Every case is different, and we cannot guarantee a particular result. However, we can tell you that we have a proven track record of achieving results for our clients and will fight to recover the maximum damages that you are entitled to receive under the facts of your case.

Common Causes of Commercial Truck Accidents

Some common causes of commercial trucking crashes that may result in liability on the part of the truck driver or trucking company include:

  • Violations of federal laws and regulations,
  • Failure to secure cargo properly,
  • Failure to inspect and maintain the truck’s equipment properly,
  • Vehicle design and manufacture,
  • Tire blowouts or other equipment failure,
  • Driver fatigue,
  • Failure to keep a proper lookout for pedestrians or bicyclists,
  • Distracted driving while texting or using the phone,
  • Speeding,
  • Intoxication, or
  • Failure to obey traffic signals at intersections.

How are Commercial Trucking Accidents Different from Other Personal Injury Claims?

Commercial truck crashes are different from auto accidents or other personal injury cases.

How are they different?

  • Severity – more crash victims are seriously injured or killed when there is an eighteen-wheeler or other commercial vehicle involved, and the defendants (their insurance companies) are less likely to settle the case for full value without litigation,
  • Federal regulations – trucking companies and truck drivers must follow regulations that are intended to make the highways safe, and if they violate these federal laws, they are negligent “per se,” and
  • Investigation – your attorney will need to know what evidence to seek to prove violations of federal regulations, and you are more likely to need expert witnesses like accident reconstructionists, economists, or industry experts to prove liability and damages.

Who Can You Sue After a Commercial Trucking Accident?

The person, persons, or business entity that caused the crash through their negligence are responsible for the damage they caused.

There could be a single defendant or multiple defendants. In a truck accident case, this could include:

  • The truck driver,
  • The truck’s owner if it is leased,
  • The individuals or company responsible for maintenance of the truck,
  • The trucking company,
  • The individual or company responsible for securing the cargo,
  • The manufacturer, distributor, or seller of a defective truck part that caused the crash,
  • Municipalities or businesses responsible for maintaining the road, or
  • Any other individual or entity that contributed to causing the crash.

What if the Insurance Company Doesn’t Pay?

When there is a claim for serious personal injury or wrongful death, the insurance company will look for any way to avoid paying, or they might offer you a settlement far less than what you are owed.

Why? The insurance company is not in business to pay claims – when they pay claims, they lose money.

They are in business to make money, and they make money by 1) not paying claims, 2) paying less than they owe, or 3) delaying the payment of claims as long as possible.

Sometimes, we must file a lawsuit before the company agrees to pay. We may also need to take depositions, complete discovery, and argue motions for summary judgment before the case is settled.

The insurance company could settle your claim before we file suit, after we file suit, or at any point up to trial or even while the case is pending on appeal.

Worry Free

They are very good at what they do! Go see them today and be worry free!

– Kipp Cavadias

Great Lawyer

Great Lawyer, will definitely use again when needed. Thank You Beau!

– Charles McGee

Wonderful Lawyer

He truly cares about his clients!! A wonderful lawyer!!

– Lamarr Richardson

* The Rules of Professional Conduct require disclosure that this is a “Testimonial” about the attorney. Please be aware that any result achieved on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.

Common Questions for Truck Accident Lawyers
in Charleston, South Carolina

What Kind of Evidence Do I Need to Prove Liability in a Truck Accident Case?

Commercial truck/ eighteen-wheeler cases are often more complex than a “run-of-the-mill” car crash case. Some of the evidence we collect to prove liability in a truck case is similar to the evidence in car crash cases, but there will most likely be additional evidence you must seek.

For example, evidence we may use in an eighteen-wheeler or other commercial trucking case could include:

  • Photos or video of the accident site, the vehicles involved, and any injuries,
  • Eyewitness testimony from people who observed the crash,
  • Eyewitness testimony from people who can establish the company or driver’s negligence in hiring, maintenance, or compliance with federal regulations,
  • Maintenance logs,
  • Inspection reports,
  • Hours of service logs,
  • Weigh station receipts and
  • Analysis of the “black box” or “event data recorder.”

What is Comparative Negligence in South Carolina?

Comparative negligence is often an issue in personal injury cases, and insurance companies will attempt to argue comparative negligence whenever possible to reduce their liability.

Note that South Carolina’s comparative negligence rule differs from the “contributory negligence” rule used in some states, including North Carolina. Contributory negligence completely shuts down a plaintiff’s case if they are even 1% at fault in a crash.

Comparative negligence may reduce a plaintiff’s recovery while still allowing them to recover. If the jurors find that the pedestrian was also at fault for the crash, their recovery is reduced by the percentage of fault assigned to them up to 50%. If the jury finds the plaintiff was more than 50% at fault, the plaintiff recovers nothing.

How Much Can I Get Paid in a Truck Accident Lawsuit?

The amount of any settlement or verdict at trial will be based on the provable damages suffered by our client, which could include:

  • Property damage, including diminished value of vehicles,
  • Medical expenses and future medical expenses,
  • Emergency care,
  • Long-term care,
  • Compensation for pain and suffering,
  • Disfigurement or scarring,
  • Mental anguish,
  • Loss of consortium or loss of companionship,
  • Wrongful death damages, and
  • Punitive damages.

How Much Does a Trucking Accident Attorney in Charleston Cost?

As with most personal injury claims, you pay nothing unless your attorney wins your case. When you are paid the proceeds from your case, your attorney will collect a “contingency fee,” which is ordinarily ⅓ of your recovery after expenses.

Depending on the circumstances of your case, there may be expenses, including deposition costs and expert fees.

Ready To Speak With An Attorney?

Let’s discuss the details of your case and see if we can help.