On This page

    South Carolina’s highways, particularly major routes like I-26, I-526, I-95, I-77, and I-85, are frequently crowded with large commercial trucks. These trucks are vital for transporting goods across the state, especially with the expansion of the Port of Charleston and the nearby Port of Savannah. Unfortunately, the growing volume of tractor-trailers increases the risk of truck accidents, especially when trucks are overloaded or improperly loaded. Overloaded trucks are more prone to causing serious accidents, resulting in catastrophic injuries or even death.

    The risks associated with overloaded trucks are well documented. Overweight trucks take longer to stop, are more prone to rollovers, and can experience tire failure due to the increased pressure. Additionally, an unbalanced load can shift during transit, causing the driver to lose control. Despite the legal restrictions on truck weight, some trucking companies overload trucks to cut costs, prioritizing short-term savings over the safety of everyone on the road.

    Victims of trucking company negligence shouldn’t have to deal with the burden of their injuries alone. These companies can and should be held accountable when their actions result in accidents. At Joye Law Firm, our experienced attorneys have a proven track record of winning cases where reckless business practices cause severe harm. Just Call Joye for a free consultation and let us listen to your story and guide you through the next steps toward securing the compensation you deserve.

    Commercial Truck Accidents Statistics

    Large commercial trucks are involved in a disproportionate number of accidents that lead to severe injuries, compared to other vehicles. According to the National Highway Transportation Safety Administration (NHTSA), there were 137 fatal truck accidents in South Carolina in the year 2021 alone, with thousands more truck accidents in the state that caused injuries. Further, due to the immense size of tractor-trailers, occupants of smaller passenger vehicles usually sustain the brunt of an accident. NHTSA data indicates that 72 percent of all truck accident deaths happen to people who were in another smaller car. We are all forced to put a lot of faith in individuals and companies that oversee the operation of large commercial trucks. Unfortunately, far too often, these parties let us down. While tractor-trailer accidents can occur for a wide variety of reasons, one common, and alarming, cause is the improper loading of trailers. When companies fail to properly load their trucks, or when they overload their trucks, they are putting the safety of everyone else on the road in jeopardy.

    Four Signs of an Improperly Loaded Trailer

    Commercial trucks are required to follow strict safety regulations. These regulations apply to many different specific situations, including the loading of cargo. An overloaded truck is a danger to every other driver on the road. You need to avoid these trucks whenever possible. However, determining which trucks are improperly loaded can be very difficult for the untrained eye. While you can never always be sure, this list of four tips can help:

    1. Watch for cargo that is uncovered: Uncovered cargo, specifically cargo that is seemingly spilling out of the trailer, is often an indicator that the truck has not been properly loaded. First, there is always a risk that this cargo could fall off the back of the truck. When this occurs, the flying cargo can cause serious damage to the surrounding cars. Further, if the uncovered cargo appears to be overloaded, there is a good chance that the truck is simply too heavy to be on the road.
    2. Look at the tires: A tractor-trailer’s tires and mud flaps can sometimes be used to spot a vehicle that is too heavy. Bad, overly worn, and under-inflated tires are dangerous and put everyone at risk. If the tires on a truck seem ‘squished’ down or you see mud flaps that are nearly touching the road, you could be looking at an overloaded truck. This truck may have trouble breaking in time to avoid an accident.
    3. Watch for a truck having trouble on a small hill: Trucks naturally carry a lot of weight, but if it looks like a truck is having an unusually hard time on a hill, that could mean something is wrong with that vehicle. The problem could be as simple as the trailer being too heavy. If the truck is pushed past its limits as a vehicle, then it’s also past the limits of safe operation.
    4. Trust your instincts: The vast majority of trucks we run into in the modern world have fully covered trailers. Inside of that covered trailer, the cargo should be the appropriate weight, and it should be properly balanced. We have no choice but to place some faith in the truck operators to follow their legal duties. However, if something seems ‘off’ about a particular truck, please do your best to avoid that vehicle.

    Front bumper of an 18 wheeler truck

    Who is Liable for an Improperly Loaded or Overloaded Truck?

    Accidents involving overloaded or improperly loaded trucks can be complex when it comes to determining liability. In most cases, the party who was responsible for failing to properly load the truck can be held liable for the accident. This may be the company that owns the truck, the company that employs the truck driver, the company that was leasing the truck, or any other party that contributed to the improper loading.

    An Experienced South Carolina Truck Accident Lawyer Can Help

    If you or someone dear to you has been involved in an accident with an overloaded or improperly loaded truck, seeking legal help is crucial. Truck accident cases are often complex and require thorough investigation.

    • Ensure that you received adequate medical treatment and that your injuries are properly documented
    • Consult with accident recreation professionals to determine how the truck’s improper load contributed to your accident
    • Use subpoenas and other legal tools to seek important information from responsible companies, including vehicle maintenance records, trailer inspection records, electronic recording data, and information about when and how the truck was loaded
    • Review the case to make sure that the companies complied with all safety regulations
    • Work with the insurance company to ensure that you receive a full and fair settlement offer

    Ultimately, you will need a lawyer by your side immediately after an accident. At Joye Law Firm, our experienced truck accident lawyers are ready to advocate for your rights and ensure you receive the compensation you deserve.

    Contact Joye Law Firm Today

    Truck accidents caused by overloaded or improperly loaded trailers can lead to devastating, life-altering injuries. It’s essential to seek legal help from experienced attorneys who understand the complexities of these cases. If you or someone dear to you has been injured in such an accident in Columbia, Charleston, Myrtle Beach, Summerville, Clinton, or anywhere across South Carolina, please contact our team as soon as possible. At Joye Law Firm, we have a proven track record of holding negligent truck drivers and companies accountable.

    In one case, a victim was traveling on I-26 during rush hour, following a tractor-trailer carrying an oversized load in violation of several South Carolina laws. A piece of the load struck an overpass, broke off, and crashed into the victim’s car, crushing his skull. The truck driver unhitched the trailer and fled the scene. After over three and a half years of intense investigation, which involved more than 30 depositions and numerous expert witnesses, including two trucking experts, a vocational counselor, a life care planner, and an economist, Joye Law Firm successfully brought the case to trial and settled it for $4.375 million.

    In another case, a trailer that violated South Carolina height regulations hit the barrier of an overpass, throwing wood, metal, and debris across the interstate. Some of the debris struck a victim’s windshield, fracturing his skull in several places and requiring steel plates and silicone implants. The truck driver, in this instance as well, fled the scene after unhooking the trailer. Joye Law Firm took the case to trial in 2003 and fought diligently for justice.

    These cases show the severity of improperly loaded and oversized trucks on the road. If you or someone you love has been involved in a truck accident, don’t hesitate to contact Joye Law Firm. We are committed to securing the compensation you deserve and will fight for your rights every step of the way. Let our experienced truck accident lawyers guide you through this difficult time.