7 Key Steps to Starting a Court Case After a Truck Accident in South Carolina

If you’ve been seriously injured in a truck accident in South Carolina, your recovery is likely just beginning — and unfortunately, so is the legal fight.

Truck accident cases are not like regular car accident cases. You’re up against more than just a negligent driver — you’re facing a powerful trucking company, a commercial insurance carrier, and a legal team whose only job is to minimize your claim.

Getting justice in these cases requires more than just filing paperwork. It takes strategy, speed, and a trial-ready team that knows how to hold the trucking industry accountable.

At Christmas Injury Lawyers, we’ve been going head-to-head with trucking companies for decades. Here are the 7 key steps to getting your court case started — and protecting your future.

1. Hire a Lawyer with Real Truck Accident Experience

Truck accidents involve federal transportation laws, multiple parties, and corporate legal teams trained to bury the truth.

You need a lawyer who:

• Knows FMCSA regulations (Federal Motor Carrier Safety Administration)
  
• Has access to top-tier accident reconstruction and trucking experts
  
• Understands how to investigate logbooks, black box data, and maintenance records
  
• Has trial experience against corporate defendants in South Carolina courts
  

At Christmas Injury Lawyers, we prepare every truck accident case for trial from day one. We know the tactics trucking companies use to deny responsibility — and we fight back with facts, evidence, and courtroom skill.

2. Investigate the Crash Scene Immediately

The clock starts ticking the moment the crash happens.

Critical evidence like:

• Skid marks
  
• Road debris
  
• Damage patterns
  
• Tire gouges
  
• Traffic light cycles
  
• Video surveillance from nearby businesses
  

can disappear within days.

Our legal team works with professional investigators and crash experts who can be dispatched to the scene quickly. The sooner we investigate, the more evidence we can preserve — and the stronger your case becomes.

3. Preserve the Trucking Company’s Internal Records

Trucking companies are only required to keep certain records for a short period of time — sometimes just 6 months or less.

These documents can include:

• The driver’s Hours of Service (HOS) logs
  
• GPS and black box data
  
• Maintenance and repair records
  
• Hiring and training documents
  
• In-cab camera footage
  
• Drug and alcohol test results
  

Your attorney must send formal preservation letters (also called “spoliation letters”) immediately to prevent this evidence from being deleted or “lost.”

Without these records, it becomes much harder to prove company negligence, like overworked drivers or unsafe equipment.

4. Document Your Injuries and Financial Losses

In a truck accident case, your injuries are likely severe and life-altering. That’s why documenting your medical journey is so important.

You’ll need:

• ER records
  
• Imaging scans (X-rays, MRIs, CTs)
  
• Surgery reports
  
• Physical therapy notes
  
• Expert opinions on long-term effects
  
• Proof of all out-of-pocket expenses
  
• Records of time missed from work
  

We also work with vocational experts and life care planners when needed to show how your injury impacts your ability to work, support your family, or live independently in the future.

Your pain is real — and we build the evidence to show it clearly.

5. File the Complaint in Court

Once your case is built, your attorney will file a civil complaint — the legal document that officially starts the lawsuit.

This complaint will:

• Outline the facts of the crash
  
• Name the at-fault parties (which may include the driver, trucking company, or other contractors)
  
• State the legal basis for the lawsuit
  
• Detail the damages you’re seeking
  

In South Carolina, the statute of limitations for personal injury is typically three years from the date of the accident. But waiting too long hurts your case, even if you’re within that deadline.

Early action preserves evidence and gives your legal team a strategic head start.

6. Serve All Responsible Defendants

In truck accident cases, it’s common to have multiple defendants, such as:

• The driver
  
• The trucking company (carrier)
  
• The company that leased the vehicle
  
• A maintenance provider
  
• The trailer owner
  
• A freight broker or shipper
  

Each of these parties must be formally served with the lawsuit — a legal requirement to give them notice and trigger their duty to respond.

Our team handles this entire process, ensuring all entities are served correctly and on time.

7. Prepare for a Tough Legal Battle

Trucking companies don’t give up without a fight.

They hire top-dollar defense lawyers to:

• Shift blame to other drivers
  
• Question the severity of your injuries
  
• Claim you were partially at fault
  
• Delay the case to wear you down
  
• Dispute your damages with biased experts
  

You need a legal team that’s not afraid to fight back — in discovery, in depositions, in court.

At Christmas Injury Lawyers, we bring in seasoned trial lawyers, trusted expert witnesses, and real courtroom experience. We don’t get intimidated — we get results.

Don’t Wait — The Trucking Company Already Has a Head Start

The trucking company and their insurer already have a team working to protect them. Every day you wait, their advantage grows.

If you or someone you love was seriously injured in a truck accident in South Carolina, we’re ready to help you take the first step.

📞 Call Christmas Injury Lawyers at (843) 380-4112 or contact us online