What You Should Know About SC Laws – Trucking/Transportation

You do not need to be in the trucking industry to be exposed to potential trucking and transportation litigation. In fact, the South Carolina Trucking Association indicates Main Street-type businesses, manufacturers, and retailers operate 75 percent of medium and heavy duty trucks registered in the United States. Therefore, if your business operates any type of trucks you could be exposed to potential trucking or transportation liability.

Trucking and South Carolina laws

In South Carolina, state laws as well as federal laws regulate trucking and transportation. The South Carolina Department of Motor Vehicles regulates driver and vehicle licensing and the Federal Motor Carrier Act regulates taxing, safety, and financial responsibility requirements. Some of the requirements truck operators must meet include the following:

  • Driver training requirements
  • Driver hours-of-service limitations
  • Vehicle inspection, repair, and maintenance requirements
  • Driver drug and alcohol testing requirements
  • Insurance or financial responsibility requirements
  • Load balancing and securing requirements

Many of these requirements or regulations are enforced by South Carolina law enforcement officers, but some are regulated by federal agencies. Enforcement is done through inspections and, when accidents happen, investigations.

How does an attorney defend a trucking case?

The best way to defend against trucking accident litigation is to avoid accidents in the first place. Businesses can implement a number of driver training and safety, vehicle maintenance and repair and documentation programs to reduce the probability of accidents happening. Attorneys in SC often advise clients on how to best maintain records and documentation to support their defense when accidents do happen.

Attorneys usually get involved in catastrophic accident cases, so their defense strategies are sophisticated. Accident investigations often involve reconstruction of the accident scene to determine causation. The ability to reduce demands or awards can hinge upon showing the plaintiff was somewhat at fault for the accident. Expert witnesses can offer testimony that supports defense strategies.

Contact us

Young Clement Rivers, LLP, a law firm in SC, integrates accident prevention advice, technical expertise, and sophisticated defense strategies to defend businesses in trucking and transportation cases. Our Charleston attorneys possess extensive knowledge of South Carolina laws, as well as expertise in federal trucking regulations. Whether litigating or negotiating, our firm partners with businesses to resolve legal matters in an effective and efficient manner. Contact Young Clement Rivers, LLP today for your trucking and transportation legal needs.