Pickup trucks are the most popular vehicles on Charleston’s roads, from the Lowcountry’s job sites to the bridges and causeways connecting our communities. But what happens when a crash is caused not by driver error, but by a defect in the truck itself? A brake failure on I-26 near North Charleston, a tire blowout on US Highway 17 heading toward Mount Pleasant, or a steering failure at a busy intersection near the Charleston Place area can all trace back to a manufacturer’s or seller’s fault. When that happens, you may have a product liability claim, and the legal path forward is very different from a typical crash case.
Table of Contents
- South Carolina’s Strict Liability Law Protects Injured Victims of Defective Pickup Trucks
- Common Pickup Truck Defects That Cause Serious Crashes in Charleston
- Who Can Be Held Responsible in a Pickup Truck Product Liability Case
- What You Must Prove in a South Carolina Pickup Truck Product Liability Claim
- How Federal Safety Standards Support Your Product Liability Claim
- Steps to Take After a Crash Involving a Potentially Defective Pickup Truck
- FAQs About Product Liability for Pickup Truck Accidents in Charleston, SC
South Carolina’s Strict Liability Law Protects Injured Victims of Defective Pickup Trucks
South Carolina law takes a firm position on defective products. Under S.C. Code § 15-73-10, any seller who places a product in the market in a defective condition that is unreasonably dangerous to the user can be held liable for physical harm caused to that user. This statute applies even if the seller exercised every possible precaution in making or selling the product. It also applies even if the injured person never had a direct contract with the seller.
What does that mean for you? If a defective pickup truck part caused your crash and your injuries, you do not have to prove that the manufacturer was careless. You only need to show that the product was defective, that it was unreasonably dangerous, and that the defect caused your injury. That is strict liability, and it is one of the most powerful tools available to injured people in South Carolina.
Pickup trucks are classified under Federal Motor Vehicle Safety Standards (FMVSS), codified at 49 CFR Part 571. These federal standards set minimum safety requirements for trucks with a gross vehicle weight rating (GVWR) of 10,000 pounds or less, including requirements for airbag systems, seat belt assemblies, and crash protection. When a manufacturer fails to meet these standards, or when a vehicle part fails in normal use, both state and federal law may support your claim.
The law also makes clear that you do not have to be the original buyer of the truck. If you were a passenger, a bystander, or another driver injured by a defective pickup truck, S.C. Code § 15-73-10 still covers you. The statute protects the “ultimate user or consumer,” which courts have interpreted broadly. This is important for anyone hurt in a Lowcountry crash involving a truck with a known or hidden defect.
Common Pickup Truck Defects That Cause Serious Crashes in Charleston
Not every crash is caused by a distracted or reckless driver. Some crashes happen because a part on the truck simply failed. Defective pickup trucks can cause wrecks in a wide variety of ways, and identifying the right defect is the first step in building your claim.
Brake failures are among the most dangerous. A truck traveling at highway speed on I-26 or US-17 with failed brakes has almost no way to avoid a collision. Tire defects, including blowouts from faulty manufacturing, can cause sudden loss of control, especially when a pickup truck is carrying cargo or towing a trailer on a two-lane highway. Steering failures are equally deadly, as a driver who cannot steer cannot avoid obstacles or other vehicles.
Airbag defects are another serious concern. Manufacturers who determine that a product or piece of original equipment either has a safety defect, or is not in compliance with federal safety standards, are required to notify NHTSA within five business days. Despite this requirement, some defects go unreported or unrepaired for years. A pickup truck with a defective airbag that fails to deploy, or that deploys unexpectedly, can turn a survivable crash into a catastrophic one.
Tailgate failures, ladder rack failures, and trailer hitch failures are also product liability issues. When equipment attached to a pickup truck breaks loose on a Charleston-area road, it creates a hazard for every driver nearby. Suspension failures can cause a rollover, particularly in a top-heavy or loaded truck. Each of these scenarios points to a manufacturer, distributor, or seller who may be legally responsible for the resulting injuries under S.C. Code § 15-73-10.
Recall-related crashes deserve special attention. There were 1,073 vehicle and equipment safety recalls in 2024, a near-record number, with more than 29.3 million vehicles recalled. Despite recall notices and public warnings, many vehicles and vehicle equipment are never repaired. If a manufacturer issued a recall on a defective part and a crash still occurred because the repair was never made, liability may extend to multiple parties in the chain.
Who Can Be Held Responsible in a Pickup Truck Product Liability Case
One of the most important questions in any product liability case is: who do you sue? In a pickup truck defect case, the answer is often more than one party. South Carolina law recognizes the entire “chain of distribution” as potentially liable when a defective product causes harm.
The truck manufacturer is the most obvious target. If a design flaw or a manufacturing error caused the defect, the company that built the truck bears direct responsibility. But the dealership that sold the truck, the parts supplier that made the defective component, and the distributor who moved the product through the supply chain can all face claims as well.
Think about a pickup truck with a defective fuel system. The truck manufacturer may have approved a flawed design. The parts supplier may have made a component that did not meet specifications. The dealer may have sold the vehicle knowing about a complaint history. Under S.C. Code § 15-73-10(1)(a), any party “engaged in the business of selling such a product” can be held responsible if the product reaches the consumer in a defective condition.
Third-party modification shops can also be liable. If an aftermarket lift kit, oversized tires, or a custom suspension modification created an unreasonably dangerous condition, the shop that performed the work may share responsibility. This is a common issue in Charleston, where lifted trucks are popular for off-road use and coastal terrain. However, if a consumer substantially altered the truck after purchase, that modification could affect the original manufacturer’s liability.
Manufacturers who determine that a product or piece of original equipment either contains a safety defect or is not in compliance with Federal safety standards are required to notify NHTSA within 5 business days. When they fail to do so, that delay can itself become evidence of wrongdoing in your lawsuit. An experienced truck accident lawyer will know how to investigate the full chain of distribution and identify every responsible party.
What You Must Prove in a South Carolina Pickup Truck Product Liability Claim
Strict liability under S.C. Code § 15-73-10 does not mean automatic recovery. You still have to prove specific elements to win your case. Understanding what those elements are helps you take the right steps after a crash.
First, you must show that the product was in a defective condition that made it unreasonably dangerous. There are three main categories of defects under South Carolina law. A manufacturing defect means the specific truck you drove or were injured by was built incorrectly, even if the design was sound. A design defect means the entire model line was dangerous because of how it was designed. A failure-to-warn defect means the manufacturer did not provide adequate warnings about known dangers associated with the product.
Second, you must show that the product reached you without substantial change from its original condition. If someone modified the truck in a major way after it left the manufacturer, that modification could break the chain of liability. This is why preserving the truck in its post-crash condition is so important. Do not have the vehicle repaired or scrapped before an attorney can inspect it.
Third, you must link the defect directly to your injuries. For example, if the brakes failed and you could not stop, the brake defect must be the cause of the crash and your resulting harm. This requires technical analysis, often by engineers and accident reconstruction professionals.
The typical statute of limitations for product liability in South Carolina is three years. That clock starts running from the date of your injury. Three years sounds like plenty of time, but product liability cases require extensive investigation, expert analysis, and pre-litigation preparation. Waiting too long can destroy your ability to recover. If you were hurt in a wreck near the Ravenel Bridge, on the Crosstown Expressway, or anywhere else in the Charleston area, contact Steinberg Law Firm at 843-720-2800 as soon as possible.
How Federal Safety Standards Support Your Product Liability Claim
Federal Motor Vehicle Safety Standards (FMVSS), found at 49 CFR Part 571, set the floor for pickup truck safety. When a manufacturer sells a truck that does not meet these standards, that noncompliance is powerful evidence in your product liability case.
For pickup trucks with a GVWR of 8,500 pounds or less, federal regulations under FMVSS 49 CFR Part 571 require inflatable restraint systems at both the driver and front passenger positions. When an airbag fails to deploy in a qualifying crash, or deploys without cause, the manufacturer may have violated federal safety standards. That violation supports your claim under both federal law and S.C. Code § 15-73-10.
Rear seating protections also matter. Under 49 CFR Part 571, trucks with a GVWR of 10,000 pounds or less manufactured after September 1, 1991, must be equipped with integral Type 2 seat belt assemblies at every forward-facing rear outboard designated seating position. A defective seat belt in the rear of a pickup truck that fails during a crash can cause injuries far worse than the crash itself would have caused.
NHTSA also monitors ongoing safety issues. After a preliminary review of consumer complaints and other information related to alleged defects, NHTSA obtains information from the manufacturer, including data on complaints, crashes, injuries, warranty claims, modifications, and part sales, and determines whether further analysis is warranted. This complaint and investigation data can become critical evidence in your case, showing that the manufacturer knew about a defect before your crash.
A real-world example of this process: Chrysler (FCA US, LLC) recalled certain 2025-2026 Ram 1500, Ram 2500, and Ram 3500 pickup trucks due to an improperly designed trailer tow module that could cause trailer lights to fail to illuminate and trailer brakes to fail. Trailer brake lights and turn signals that do not illuminate reduce visibility to other drivers, and trailer brakes that fail increase the risk of a crash. If someone was injured in a wreck involving one of these recalled trucks before the repair was made, a product liability claim against the manufacturer would be well-supported by this federal record. A qualified pickup truck accident lawyer will pull NHTSA complaint records, recall histories, and defect investigation reports as part of building your case.
Steps to Take After a Crash Involving a Potentially Defective Pickup Truck
The steps you take in the hours and days after a crash involving a possibly defective pickup truck directly affect the strength of your claim. Acting quickly and carefully protects your rights under South Carolina law.
Get medical attention first. Injuries from pickup truck crashes, including traumatic brain injuries, spinal cord injuries, broken bones, and internal organ damage, may not be immediately apparent. A doctor’s evaluation creates a medical record that ties your injuries to the crash event.
Preserve the vehicle. Do not allow the truck to be repaired, modified, or scrapped. The physical condition of the truck, especially the failed part, is the most important piece of evidence in a product liability case. If the vehicle is towed to a lot, notify the lot in writing not to release or alter it. Your attorney can then arrange for an independent inspection and preservation of evidence.
Document everything at the scene. Photographs of the truck, the roadway, skid marks, debris, and your injuries all help reconstruct what happened. If you notice a part that looks broken, detached, or out of place, photograph it specifically.
Do not speak to any insurance company, including your own, before talking to an attorney. Insurance adjusters work to limit payouts, and anything you say can be used to reduce or deny your claim. This is especially true in product liability cases, where the stakes are high and the opposing parties include manufacturers with large legal teams.
Call Steinberg Law Firm at 843-720-2800. Our team serves clients throughout the Charleston area, including North Charleston, Mount Pleasant, Summerville, Goose Creek, and the surrounding Lowcountry communities. As a car accident attorney and product liability resource for South Carolina, we handle the investigation, the experts, and the legal strategy so you can focus on recovery. Our personal injury lawyer team has earned more than 1,000 Google reviews from clients across the Lowcountry who trusted us with their most serious cases. For nearly 100 years, the firm has stood by injured South Carolinians and their families, and we are ready to stand by you.
FAQs About Product Liability for Pickup Truck Accidents in Charleston, SC
Can I file a product liability claim if the driver of the pickup truck was not at fault?
Yes. Product liability and driver negligence are separate legal theories. If a defect in the pickup truck caused or contributed to the crash, you can pursue a claim against the manufacturer, distributor, or seller under S.C. Code § 15-73-10, regardless of whether the driver did anything wrong. In some cases, both the driver and the manufacturer share responsibility, and your attorney can pursue claims against all liable parties at the same time.
What if the pickup truck had an open recall that was never fixed?
An unrepaired recall is strong evidence in a product liability case. NHTSA requires manufacturers to notify owners of a final remedy within 60 days of filing a recall report under 49 CFR 577.5. If a crash occurred because a known defect was never corrected, the manufacturer, and potentially the dealership, may face liability. Your attorney can pull the recall history from NHTSA’s public database and use it to support your claim.
Does it matter if I was a passenger in the truck rather than the driver?
No. S.C. Code § 15-73-10 protects the “ultimate user or consumer,” and courts have applied this broadly to cover passengers and even bystanders harmed by defective products. You do not need to have purchased the truck or had any contract with the seller to bring a product liability claim. If the defect caused your injury, you have standing to pursue a claim.
How is a product liability claim different from a regular truck accident claim?
A standard truck accident claim focuses on driver negligence, such as speeding, distracted driving, or impaired driving. A product liability claim focuses on a defect in the vehicle itself. Product liability cases require different evidence, including the physical vehicle, engineering analysis, manufacturing records, and NHTSA complaint data. They also typically involve larger corporate defendants, such as automakers and parts suppliers, who have significant resources to defend against claims. This is why having an experienced legal team matters.
How long do I have to file a product liability claim in South Carolina?
South Carolina generally gives injured victims three years from the date of injury to file a product liability lawsuit. However, this deadline can be affected by other factors, and gathering the evidence needed for a strong case takes time. Waiting too long risks losing access to critical evidence, including the vehicle itself. If you were hurt in a crash involving a potentially defective pickup truck anywhere in the Charleston area, contact Steinberg Law Firm at 843-720-2800 as soon as possible to protect your rights.
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