Truck and 18-wheeler crashes in Greenville, SC
Commercial truck crashes involve federal safety rules, larger insurance policies, and company records that can be discarded on a schedule. Here's what the official rules say.
Commercial vehicle crashes in South Carolina
According to the S.C. Department of Public Safety's 2024 Traffic Collision Fact Book (Part V):
- commercial motor vehicles (CMVs) were involved in 3,260 collisions statewide, or 2.3% of all collisions, but in 130 fatal collisions, or 13.7% of fatal collisions;
- in fatal collisions between a CMV and a non-CMV, the CMV was listed as contributing in 24.2% and the non-CMV in 71.7%;
- 42.7% of CMV drivers involved in collisions held out-of-state licenses, most often from North Carolina, Georgia and Florida.
Locally, Greenville County recorded 1,777 collisions on interstates in 2024, and I-85 was the county's second-highest crash roadway with 1,143 collisions (Greenville County summary). Many truck crashes in the county happen on I-85 and its interchanges. See Greenville crash data.
Insurance: why truck policies are larger
Federal rules set minimum public liability coverage for interstate carriers (49 CFR 387.9):
| Type of carriage (GVWR 10,001 lbs or more unless noted) | Minimum |
|---|---|
| For-hire, interstate, non-hazardous property | $750,000 |
| Oil and certain hazardous materials (interstate in any quantity; intrastate in bulk) | $1,000,000 |
| Certain bulk hazardous substances, explosives, and other high-hazard materials | $5,000,000 |
That compares with a $25,000 per-person minimum for an ordinary South Carolina auto policy (S.C. Code § 38-77-140). These are federal minimums. A particular carrier may carry more, and a truck may be covered by more than one policy (for example, the motor carrier's and a trailer owner's).
Hours-of-service rules
Driver fatigue is a recurring issue in truck crashes. For property-carrying drivers, federal rules generally provide (49 CFR 395.3):
- a driver must have 10 consecutive hours off duty before starting a shift;
- no driving after the 14th hour after coming on duty;
- no more than 11 hours of driving within that 14-hour window;
- a 30-minute break is required after 8 hours of driving, with short-haul exceptions;
- no driving after 60 hours on duty in 7 days or 70 hours in 8 days, depending on whether the carrier operates every day of the week.
Records and how long they are kept
Several key records have federal retention periods, which is why early action matters:
- Driver logs: carriers must keep records of duty status and supporting documents for at least 6 months (49 CFR 395.8(k)).
- Accident register: carriers must keep an accident register for 3 years, including the date, location, driver, injuries, fatalities, and copies of required accident reports (49 CFR 390.15(b)).
- Annual inspection: each CMV, including each trailer in a combination, must have passed a periodic inspection within the preceding 12 months, with documentation on the vehicle (49 CFR 396.17).
Retention periods are minimums, not guarantees. A lawyer can send a written request asking a carrier to preserve logs, inspection records, dispatch data and vehicle data before they are lost.
Post-crash drug and alcohol testing
After certain crashes, the employer must test its surviving CMV driver (49 CFR 382.303):
- Fatal crash: alcohol and controlled-substance testing of a driver who was performing safety-sensitive functions.
- Injury or tow-away crash with a citation: testing is also required if someone was treated away from the scene, or a vehicle had to be towed, and the driver received a moving-violation citation. The citation must come within 8 hours for alcohol testing and within 32 hours for drug testing.
Whether testing happened, and when, can be important evidence.
Inspection, medical and phone rules
- Medical certification: a CMV driver generally must be medically examined and certified as physically qualified at least every 24 months (49 CFR 391.45).
- No texting: CMV drivers may not text while driving, and carriers may not allow or require it (49 CFR 392.80).
- No hand-held phones: CMV drivers may not use a hand-held mobile phone while driving (49 CFR 392.82).
Who may be responsible
Depending on the facts, responsibility can involve the driver, the motor carrier, a company that loaded the cargo, a maintenance shop, or the owner of the trailer. Identifying every party and policy is fact-specific work, and it is one reason truck cases usually need a lawyer early.
Practical steps after a truck crash
- Photograph the truck's door markings, including the company name and USDOT number if shown, the trailer number and plates, and the cargo if spilled.
- Note whether the Highway Patrol or the State Transport Police responded. Both appear in Greenville County crash data (2024 Fact Book).
- Get the collision report through SCDMV (report guide).
- Don't sign anything from the trucking company's insurer before you understand your rights.
Deadline
A truck crash injury claim generally has the same three-year deadline as other South Carolina injury claims (§ 15-3-530(5)). The federal record-retention periods above are much shorter, though, so waiting has a cost. See all deadlines.
Questions to ask a lawyer about a truck crash
- Who was the motor carrier, and was the truck operating interstate or intrastate at the time?
- Has a preservation letter gone out for the driver's hours-of-service records, inspection and maintenance files, and any onboard data?
- Was a post-crash drug and alcohol test required, and was it done ({c('cfr382','49 CFR 382.303')})?
- What insurance minimum applies to this carrier and cargo, and are there excess policies ({c('cfr387','49 CFR 387.9')})?
- Did the State Transport Police or Highway Patrol do a separate inspection of the truck?
- Could the shipper, loader, broker or a maintenance contractor have records that matter?
Larger carriers usually have insurers and adjusters working on a crash quickly. Ask how the lawyer would handle early contact from them.