Multiple parties can be held responsible in a truck accident. A Greenville truck accident lawyer from Smith Jordan Law will often investigate to identify all parties that may have contributed to the crash and name each party in your claim. We diligently work to identify the responsible parties and pursue compensation for their negligence.
Which parties can share liability in a truck accident?
Several parties can be liable in a truck accident, and if multiple factors contribute to the crash, they can share liability. A truck driver could engage in distracted driving. The driver could also face “encouragement” from the trucking company to exceed speed limits or the Hours-of-Service requirements.
If mechanical failures contributed to the accident, the truck manufacturer, mechanics, or others involved in producing or maintaining safe vehicles could bear a percentage of culpability. An attorney can help determine how much fault each party holds.
When several factors play a role in the crash, responsible parties can share liability. For example, a truck operator could drive over the speed limit. If the vehicle has a faulty brake system, that factor could make it even more difficult, if not impossible, to bring the truck to a safe stop. Then the driver and the brake manufacturer or mechanic could share culpability.
How can the trucking company be liable beyond its driver?
The Federal Motor Carrier Safety Administration (FMCSA) establishes comprehensive regulations for all involved in a truck’s safe operation. Some of these federal regulations apply to the trucking company, or leave the company responsible for their enforcement.
The Federal Motor Carrier Safety Administration imposes inspection, repair, and maintenance requirements on motor carrier companies. Companies must also have proper licensing and ensure adequate training for all employees. They must take unsafe drivers off the roads and cannot pressure drivers to break driving regulations to improve the company’s bottom line.
What role do cargo companies and mechanics play in truck crashes?
Cargo loaders or companies are other potentially liable parties. FMCSA regulations codify loading rules and restrictions. Trucks cannot be overloaded. Cargo must be secured with proper restraints. Overloaded vehicles can strain the vehicle’s braking system. Improperly loaded trucks can become unbalanced and difficult to control, leading to jackknifing or rollover accidents.
The maintenance company responsible for completing scheduled checks or other repairs must also perform due diligence, recognizing problems and taking unsafe vehicles off the roads.
Shared liability can occur when multiple parties contribute to your accident. Truck drivers must inspect their vehicles before and after each ride, so a truck driver could be partly liable for truck cargo falling out or other causes if they fail to notice an obvious safety issue with the vehicle.
How does South Carolina divide fault among multiple parties?
South Carolina has long divided fault among multiple defendants under S.C. Code § 15-38-15. A recent amendment — Act 42 (H.3430), effective for accidents on or after January 1, 2026 — changed some of the exceptions to that rule and expanded when a defendant can point to a non-party as also at fault
When the defendant bears over 50% of the blame for the accident, they can be held accountable for paying the victim’s full damages. This defendant could then seek to recover damages from other negligent (but less so) parties. If a negligent party is less than 50% to blame, they can only be held accountable for their apportioned contribution to the crash.
Act 42 also allows the defendant to argue someone not named in the lawsuit contributed to the accident and to have that party added to the verdict form. Defendants have 180 days to make the identification.
Which version of the law applies depends on when your accident happened, so it’s worth confirming the timing with a truck accident attorney
What does multi-party liability mean for your compensation?
The laws governing multi-party liability highlight the need for a truck accident lawyer. An attorney can identify all at-fault parties and ensure each is named in your lawsuit. Getting in touch quickly gives us the best chance of collecting evidence to support your claim against each defendant.
Further, defendants will blame each other and can also look for unnamed parties to blame. With multiple defendants come multiple insurance companies. An attorney can handle communication with those companies, demanding they pay what they owe.
Since the new laws only came into effect recently, courts will continue to determine how the new rules impact actual cases. You need an attorney with extensive experience and who is prepared to take on the challenges that come with potentially precedent-setting claims.
Smith Jordan Law builds the case against every responsible party
The team at Smith Jordan Law will work to hold all responsible parties accountable and get you full compensation. Truck accidents often involve multiple at-fault parties. These cases present unique complications. We’re ready to take on these challenges. Call (864) 343-2222 or contact us online to schedule a free case consultation.