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The short answer: When a truck driver causes a crash while texting or otherwise distracted, you can often hold the driver, the trucking company, and sometimes a dispatcher responsible. Federal rules bar commercial drivers from texting or holding a phone while driving, and South Carolina law restricts handheld device use as well. In most cases, you have three years from the date of the crash to file an injury claim in South Carolina.
Getting hit by an 80,000-pound truck because the driver glanced at a phone is devastating. You’re likely facing painful injuries, mounting medical bills, and a pile of questions no one has answered. You didn’t cause this, and you shouldn’t have to carry it alone. West Law Firm Personal Injury Lawyers has helped Lowcountry families since 1945, and this guide explains how truck driver distracted driving claims work in South Carolina and how a free consultation can help.
In this article, our Moncks Corner truck driver lawyers discuss:
– How a distracted truck driver causes a serious crash
– The federal rules that ban truck drivers from texting
– South Carolina’s texting-while-driving law
– How to prove a truck driver was distracted
– Who can be held liable for the crash
– How South Carolina’s fault and deadline rules affect your claim
How Does a Distracted Truck Driver Cause a Serious Crash?
Distracted driving causes catastrophic truck accidents because a loaded tractor-trailer can weigh up to 80,000 pounds and requires far more stopping distance than a passenger car. When a driver looks down to read a text, dial a number, or check a dispatch screen, the truck keeps rolling for hundreds of feet with no one truly watching the road. At highway speed, a few seconds of distraction is all it takes to cause a deadly collision.
Because of a truck’s size, distracted driving accidents often leave individuals with life-changing harm. We regularly see traumatic brain injuries, spinal cord damage, broken bones, serious burns, and internal injuries. Some families face the loss of a loved one. Those injuries can mean surgeries, long rehabilitation, and months away from work.
What Federal Rules Ban Truck Drivers From Texting?
Federal law flatly prohibits commercial truck drivers from texting while driving. Under 49 CFR § 392.80, no driver shall engage in texting while driving, and no motor carrier shall allow or require its drivers to engage in texting while driving. A companion rule, 49 CFR § 392.82, bars a driver from using a hand-held mobile telephone while driving a commercial motor vehicle and bars motor carriers from allowing or requiring its use.
These rules carry real consequences. A driver is disqualified for 60 days if convicted of two violations of the texting rule in separate incidents within any three-year period, and for 120 days if convicted of three or more violations. The same 60-day and 120-day disqualifications apply to repeat hand-held phone violations under 49 CFR § 391.15. When a trucking company ignores these safety rules, that choice can become powerful evidence in your case.
What Does South Carolina’s Texting-While-Driving Law Say?
South Carolina restricts cell phone use by all drivers, including truck drivers, under S.C. Code Ann. § 56-5-3890. The state strengthened this law through the South Carolina Hands-Free and Distracted Driving Act (2025 Act No. 40), which amended Section 56-5-3890. The Governor signed it on May 12, 2025, and it took effect on September 1, 2025.
Under the current law, you cannot hold or support a mobile electronic device with any part of your body, and you cannot read, compose, or transmit a text while driving. When a truck driver breaks this law and injures someone, that violation supports a negligence claim against the driver and the company.
How Do You Prove a Truck Driver Was Distracted?
We prove distraction by locking down the evidence before it disappears. The strongest proof often comes from the driver’s cell phone records, which can show a call or text at the exact minute of the crash.
Several other sources help build the full picture:
– Black box (ECM) data showing speed, braking, and throttle in the seconds before impact
– Dashcam or traffic camera footage of the driver and the roadway
– Statements from other motorists and passengers who saw the driver
– The driver’s logs, dispatch records, and internal company messages
Trucking companies move quickly to protect themselves, so we act quickly to issue a legal hold letter requiring the company to preserve this evidence. Contact West Law Firm Personal Injury Lawyers for a free consultation. Serving the Lowcountry since 1945.
Who Can Be Held Liable for a Distracted Truck Driver Crash?
More than one party can be responsible for a distracted-driver truck crash, and sorting out who’s at fault often requires an investigation that goes well beyond the driver.
The truck driver
The driver who chose to text or scroll is the most obvious at-fault party. Breaking a federal or state distracted driving law helps show the driver acted negligently.
The trucking company
The company can share responsibility for negligent hiring, poor training, or failing to enforce its own distraction policies. If it pressured drivers to answer the phone or hired someone with a troubling record, that’s on the company.
The dispatcher
Sometimes a dispatcher was messaging the driver when the crash happened. If someone pushed the driver to read messages while rolling down the highway, that party may also share the blame.
How Do South Carolina’s Fault and Deadline Rules Affect Your Claim?
South Carolina gives you three years from the date of the crash to file a personal injury lawsuit under S.C. Code § 15-3-530, which sets a three-year limit for personal injury claims. Miss that deadline, and you usually lose the right to recover anything, so it pays to start early.
South Carolina also follows modified comparative negligence. A plaintiff may recover damages if his or her negligence is not greater than that of the defendant, and the recovery is reduced in proportion to the plaintiff’s share of fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)). In plain terms, you can still recover as long as you’re not more than 50% at fault. Insurance companies know this rule well and will try to pin part of the blame on you, which is one more reason to have experienced attorneys in your corner.
Frequently Asked Questions About Distracted Truck Driver Accidents
How long do I have to file a truck accident claim in South Carolina?
You generally have three years from the date of the accident under S.C. Code § 15-3-530. Evidence quickly vanishes in truck cases, so it’s smart to call well before the deadline.
What if I were partly at fault for the crash?
You can still recover compensation as long as your negligence is not greater than the trucking defendant’s, with your award reduced by your share of fault. That’s why pushing back on blame-shifting matters.
How much does it cost to talk to a lawyer?
Your first consultation with West Law Firm Personal Injury Lawyers is free. You can ask questions, learn your options, and decide what’s right for you with no obligation.
Can I really receive the truck driver’s phone records?
Yes. Through the legal process, we can request phone records, black box data, and company communications that help prove the driver was distracted.
Contact West Law Firm Personal Injury Lawyers
A distracted truck driver can change your life in an instant, and you deserve answers from a firm that knows this community. West Law Firm Personal Injury Lawyers has served families in Moncks Corner and throughout Berkeley County for over 80 years, and we’re ready to investigate your crash, preserve the evidence, and stand up to the trucking company.
Contact West Law Firm Personal Injury Lawyers for a free consultation. Serving the Lowcountry since 1945. Call our Moncks Corner office in Berkeley County at 843-483-8630.