If you were hit by an 18-wheeler in South Carolina, you’re probably focused on medical treatment, your car, and lost income.

But there’s another issue quietly working against you from day one: the statute of limitations.

South Carolina has strict time limits for filing personal injury and wrongful death lawsuits, and those same deadlines apply to car crashes involving semi-trucks and tractor-trailers.

Miss the deadline, and your claim can be “forever barred” — even if liability is clear. (South Carolina Legislature Online)

This article walks through the key deadlines under South Carolina law, with links to the actual statutes so you can see the language for yourself.

The Basic Rule: 3 Years for Most 18-Wheeler Injury Lawsuits

Most truck crash cases in South Carolina are treated as personal injury actions under S.C. Code § 15-3-530(5).

That section gives you three years to file “an action for … any injury to the person or rights of another” that doesn’t arise from a contract. (South Carolina Legislature Online)

You can read the full statute here:

• South Carolina Code, Title 15, Chapter 3 (Limitation of Civil Actions) –§ 15-3-530

A collision involving an 18-wheeler doesn’t get a special, longer deadline just because the vehicle is large or commercial. It still falls into this general personal injury category.

The “Discovery Rule” – When the 3-Year Clock Really Starts

South Carolina doesn’t always start the clock on the day of the crash. Under S.C. Code § 15-3-535, for claims under § 15-3-530(5), the case must be brought within three years after the person knew or by reasonable diligence should have known they had a cause of action. (South Carolina Legislature Online)

The South Carolina appellate courts regularly apply this “discovery rule” and emphasize that the period begins when you knew or should have known you were injured and that it was caused by someone else’s wrongful conduct. (South Carolina Judicial Branch)

In many truck cases, the injury and its cause are obvious on the day of the wreck, so the clock effectively starts that day.

But if, for example, a mild injury later turns out to be a serious spinal condition linked to the crash, the discovery rule can become important.

Wrongful Death After an 18-Wheeler Crash: Different Start Date

Tragically, some 18-wheeler collisions are fatal. In those cases, the claim may be brought as a wrongful death action under S.C. Code §§ 15-51-10 to 15-51-60. (South Carolina Legislature Online)

The statute of limitations for wrongful death is still three years, but there’s a crucial difference: under § 15-3-530(6), the three-year period begins on the date of death, not the date of the crash. (South Carolina Legislature Online)

Key points:

• Only the personal representative of the deceased’s estate can file the wrongful death or survival action. (South Carolina Legislature Online)
• The wrongful death claim compensates certain family members for their loss; a related survival action can seek damages the deceased could have claimed if they had lived (such as pain and suffering before death).

If a loved one passes away days or weeks after the collision, the wrongful death clock starts at the date of death, while other related claims may still be tied to the collision date.

Because these timelines can intersect in complicated ways, it is very easy to miscalculate without legal guidance.

Claims Against Government Entities: Shorter Deadlines Under the Tort Claims Act

If your 18-wheeler crash involves a government-owned truck, a state agency, or a city or county vehicle (for example, a state highway department truck or a county garbage truck), completely different timing rules may apply.

These claims usually fall under the South Carolina Tort Claims Act, S.C. Code Chapter 78, Title 15. The Act includes:

• A requirement that a verified claim be filed within one year after the loss was or should have been discovered (if you choose to use the claim procedure); (South Carolina Legislature Online)
• A general rule that a lawsuit must be filed within two years of when the loss was or should have been discovered;
• If a verified claim is timely filed and later denied, the deadline to file the lawsuit can extend to three years from when the loss was or should have been discovered. (South Carolina Legislature Online)

You can see these rules in § 15-78-100 and § 15-78-110:

• South Carolina Tort Claims Act –Title 15, Chapter 78

These deadlines are shorter and more technical than the standard three-year period.

Waiting too long while you “negotiate” with a government insurer can easily result in a time-barred claim.

Special Rules for Minors and Certain Disabilities

South Carolina has a tolling provision for people who are under a legal disability when the cause of action accrues. Under S.C. Code § 15-3-40, if the injured person is:

• Under 18, or
• “Insane” (a term defined in case law),

at the time the claim arises, the running of the statute of limitations is paused, with important limits:

• The disability cannot extend the filing period by more than five years (except for infancy), and
• In any event, the action cannot be filed later than one year after the disability ends. (South Carolina Legislature Online)

So, for example, if a 16-year-old is injured in a truck crash, the practical deadline can extend past his or her 19th birthday, but it doesn’t stay open indefinitely. The exact calculation depends on the facts and how the statutes interact.

Insurance Claims vs. Lawsuits: Don’t Confuse Them

Insurance companies often encourage you to “just deal with the adjuster,” which can create a false sense that you have plenty of time. Two key distinctions:

• The statute of limitations applies to lawsuits, not to the insurance claim itself. You could be deep in settlement talks and still lose your rights if you don’t file suit by the deadline.
• Insurance law has its own timing rules. For example, S.C. Code § 38-59-20 requires insurers to furnish proof-of-loss forms within 20 days after notice of a loss, but that rule does not extend or replace the statute of limitations for your claim. (South Carolina Legislature Online)

Policies may also contain contractual time limits, but § 15-3-140 prevents contracts from shortening the legally prescribed limitations period below the statute’s timeframe for similar claims. (South Carolina Legislature Online)

Bottom line: keeping up with the lawsuit deadline is your responsibility, no matter what is happening with the insurer.

How Courts Apply the Discovery Rule in Practice

The discovery rule sounds generous, but South Carolina courts interpret it to require reasonable diligence.

The standard is not “when you actually realized you had a claim,” but when you should have realized it if you were acting reasonably under the circumstances. (South Carolina Judicial Branch)

The Supreme Court and Court of Appeals:

• Repeatedly confirm that most civil actions, including many negligence claims, are governed by the three-year period in § 15-3-530(5); (South Carolina Judicial Branch)
• Apply § 15-3-535 to start the clock when the plaintiff knew or should have known about both the injury and its likely cause.

In a truck accident context, that means:

• You can’t wait several years and then argue you “just realized” the truck driver was at fault if the facts suggesting negligence were available much earlier.
• If new information later reveals additional parties (for example, a freight broker or maintenance contractor), the issue becomes more complicated and may involve separate accrual and limitation analyses.

A Practical Timeline After an 18-Wheeler Crash in South Carolina

While every case is unique, here’s a general roadmap tied to the limitations periods:

• First days and weeks:
  • Get medical care and follow up as recommended.
  • Report the crash and exchange information.
  • Preserve evidence (photos, witness names, trucking company/vehicle info).
• First few months:
  • Request police reports and, if possible, relevant trucking records (e.g., via counsel).
  • Track your medical treatment and time missed from work.
  • Consider consulting with a South Carolina attorney who handles serious truck collisions to evaluate all potential defendants and theories of liability.
• Within 1 year (especially if a government vehicle is involved):
  • Determine whether the Tort Claims Act applies and whether a verified claim must be filed to preserve a three-year window. (South Carolina Legislature Online)
• Before the 3-year mark (sooner if any shorter deadline applies):
  • Confirm who must be named as defendants (driver, motor carrier, parent company, broker, shipper, maintenance provider, possibly a governmental entity).
  • Ensure the lawsuit is properly filed and served within the applicable statute of limitations.

Remember, even if you technically have three years, evidence from 18-wheeler crashes is often time-sensitive: electronic logging device data, on-board video, and driver records can be lost, overwritten, or disputed the longer you wait.

Proposed Changes: Why You Shouldn’t Assume the Law Stays the Same

The General Assembly periodically considers tort reform measures that could affect statutes of limitations and related rules, including bills that reference § 15-3-530 and liability rules in Title 15. (South Carolina Legislature Online)

At the time of this writing, the basic three-year deadline for personal injury and wrongful death claims remains in place, but the possibility of change is another reason not to delay getting current legal advice.

Don’t Miss a Deadline That Ends Your Truck Accident Claim

The statute of limitations in South Carolina is unforgiving. In an 18-wheeler case, missing the deadline can wipe out even a strong claim for medical bills, lost wages, and long-term injuries.

If you or a loved one has been involved in a semi-truck or tractor-trailer crash in South Carolina and you have questions about which deadline applies to your situation:

Consider contacting a South Carolina attorney to discuss your options and the specific deadlines in your case.

A trucking accident attorney can:

• Identify all potentially responsible parties, including out-of-state trucking companies.
• Determine whether special rules apply (government vehicles, minors, wrongful death, or multiple insurance policies).
• Help ensure your lawsuit is filed and served before the statute of limitations runs.

This article is for informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your specific situation, consult a licensed South Carolina lawyer as soon as possible.