Burn injuries from pickup truck crashes are among the most devastating physical injuries a person can suffer on Charleston’s roads. Whether it happens on Interstate 26 near the Lowcountry’s interchange with I-526, along US Highway 17 through the Neck area, or on a two-lane road outside North Charleston, a truck fire after a collision can turn a serious wreck into a life-altering catastrophe in seconds. If you or someone you love suffered burn injuries in a pickup truck crash, understanding your legal rights under South Carolina law is the first step toward holding the responsible party accountable.

Table of Contents

• How Pickup Truck Crashes Cause Fires and Severe Burn Injuries
• Who Can Be Held Liable for Burn Injuries After a Pickup Truck Crash in South Carolina
• South Carolina’s Comparative Negligence Law and How It Affects Your Burn Injury Claim
• What Damages Can Burn Injury Victims Recover in a South Carolina Pickup Truck Crash Case
• South Carolina’s Filing Deadline for Burn Injury Claims and Why Acting Fast Matters
• Why Steinberg Law Firm Is the Right Choice for Your Burn Injury Claim in Charleston
• FAQs About Burn Injuries from Pickup Truck Accidents in Charleston, SC

How Pickup Truck Crashes Cause Fires and Severe Burn Injuries

Pickup trucks carry large fuel tanks, often located in positions that make them vulnerable to rupture during high-impact crashes. When a fuel line breaks, a tank punctures, or electrical wiring sparks after a collision, fire can spread through the cab within moments. Victims may suffer burns before they can even unbuckle and exit the vehicle.

Federal Motor Vehicle Safety Standard 301 (FMVSS 301), issued under 49 CFR Part 571, was designed specifically to reduce fuel-fed fires in vehicle crashes. To reduce fatalities and injuries due to fire in motor vehicle crashes, FMVSS 301 was issued. This standard, which applies to passenger cars and light trucks, prescribes impact test requirements aimed at reducing the chances of fuel-fed fires caused by fuel system breaching in vehicle crashes. Despite this standard, vehicles must withstand certain specified impact tests ranging from 20 to 30 miles per hour without leaking fuel in excess of one ounce per minute following the tests. Crashes that exceed those test thresholds, which are common in real-world truck wrecks, can still result in dangerous fuel leaks and fire.

The fire risk is not limited to the fuel system. Electrical shorts, hot exhaust components contacting flammable materials, and cargo carried in the truck bed can all ignite. Only about five percent of car fires result from a collision, but those account for six in ten of all fatal vehicle fires. That statistic tells you something important: collision-caused fires are rare, but when they happen, they are far more likely to kill than fires from other causes.

Burn injuries from these crashes fall into three degrees of severity. First-degree burns affect only the outer skin. Second-degree burns go deeper and cause blistering and intense pain. Third-degree burns destroy all layers of skin and underlying tissue, often requiring skin grafts, extended hospitalization, and long-term rehabilitation. Victims who suffer third-degree burns over large portions of their bodies face a lifetime of medical treatment, scarring, and disability.

Who Can Be Held Liable for Burn Injuries After a Pickup Truck Crash in South Carolina

Liability in a burn injury case can fall on multiple parties, and identifying every responsible party is critical to recovering full compensation. South Carolina personal injury law allows victims to pursue claims against any party whose negligence caused or contributed to the crash and the resulting fire.

The pickup truck driver is the most obvious defendant. A driver who was speeding, distracted, impaired, or driving aggressively can be held liable for the crash that caused the fire. If the truck was owned by a company, such as a construction firm, utility company, or landscaping business, the employer may also be liable under the legal doctrine of respondeat superior, which holds employers responsible for the negligent acts of employees acting within the scope of their employment.

In some cases, the vehicle itself is the problem. A defective fuel system, faulty wiring, or a recalled component that the manufacturer failed to adequately address can give rise to a product liability claim under South Carolina law. If the fire resulted from a manufacturing defect or a design flaw, the vehicle manufacturer may share liability alongside the at-fault driver. Pursuing a pickup truck accident lawyer familiar with both negligence and product liability claims is essential in these situations.

Road conditions can also be a contributing factor. A crash triggered by a pothole, missing guardrail, or poorly designed interchange near the Don Holt Bridge or the Mark Clark Expressway may implicate a government entity. Under the South Carolina Tort Claims Act (S.C. Code § 15-78-100), claims against government defendants carry a shorter filing deadline and specific procedural requirements, making early legal action critical.

South Carolina’s Comparative Negligence Law and How It Affects Your Burn Injury Claim

South Carolina uses a modified comparative negligence standard, and it directly affects how much compensation a burn injury victim can recover. Unlike states that follow a contributory negligence rule, where even slight fault on the plaintiff’s part can bar recovery, South Carolina applies a modified comparative negligence standard, codified in Section 15-38-15 of the South Carolina Code of Laws.

Under this rule, a claimant’s damages are reduced by their relative share of fault. However, if the claimant’s total fault is 51% or greater, they do not receive any compensation. So if a jury finds that a burn victim was 20% at fault for a crash, their total award is reduced by 20%. They can still recover the remaining 80%.

Defense attorneys and insurance adjusters routinely argue that the injured party shares fault for a crash to reduce the payout. That is exactly why you should never speak to any insurance company, including your own, before consulting with an attorney. Statements made in the hours and days after a crash can be used to inflate your perceived share of fault.

It is also worth noting that comparative negligence will not be an issue if the defendant’s conduct is found to be intentional or grossly negligent. The 51% rule only comes into play when ordinary negligence is involved. According to Section 15-38-15(F), comparative negligence will not be applied if the victim’s injuries were caused by wanton, reckless, willful, grossly negligent, or otherwise intentional conduct. If the truck driver was driving recklessly or under the influence at the time of the crash, this exception may work in your favor.

What Damages Can Burn Injury Victims Recover in a South Carolina Pickup Truck Crash Case

Burn injuries carry some of the highest medical costs of any crash-related injury. A burn injury victim in Charleston may face emergency room treatment at MUSC Health, multiple surgeries, skin grafts, wound care, physical therapy, and psychological treatment for trauma. The financial burden can be staggering, and South Carolina law allows victims to pursue compensation for all of these losses through a personal injury claim.

Recoverable damages in a burn injury case include medical expenses already incurred, future medical costs for ongoing treatment and reconstructive surgery, lost wages from time away from work, and loss of future earning capacity if the burns cause permanent disability. Victims can also pursue damages for pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life. In cases involving extreme recklessness, punitive damages may also be available.

When a burn injury proves fatal, the victim’s family may pursue a wrongful death claim under S.C. Code § 15-51-10. Wrongful death damages can include funeral expenses, loss of financial support, and loss of companionship. South Carolina law also allows a survival action, which permits the estate to recover damages for the pain and suffering the victim experienced before death.

Compensation in a personal injury case is paid from the settlement proceeds, which are typically funded by the at-fault party’s insurance coverage. Working with a car accident attorney who understands how to document and present the full scope of your burn injuries is essential to maximizing what you recover. Medical records, expert testimony from burn specialists, and economic analysis of future care costs all play a role in building a strong damages claim.

South Carolina’s Filing Deadline for Burn Injury Claims and Why Acting Fast Matters

Time is a critical factor in any burn injury case. Under South Carolina law (S.C. Code § 15-3-530(5)), personal injury claims must generally be filed within three years from the date the injury occurred or the date it reasonably should have been discovered. Miss that deadline, and you lose your right to file a lawsuit, regardless of how strong your case is.

Three years may sound like plenty of time, but burn injury cases require extensive investigation. Evidence from the crash scene must be preserved before it disappears. Surveillance footage from cameras near the Crosstown Expressway, the Ravenel Bridge approaches, or commercial properties along Rivers Avenue is typically overwritten within 30 to 90 days. Witness memories fade. Truck data from the vehicle’s event data recorder must be secured through legal channels before it is lost or overwritten.

If a government entity is involved, the deadline is even shorter. Under S.C. Code § 15-78-100, you must file your lawsuit within two years of the date the injury occurred or should have been discovered. That is one full year less than the standard three-year deadline for claims against private parties. Failing to meet the technical requirements of the South Carolina Tort Claims Act can result in an immediate dismissal of your claim.

South Carolina Code Section 56-5-1220 also requires that a driver involved in a crash resulting in injury provide their name, address, and vehicle registration information to the injured party and render reasonable assistance. If the at-fault driver fled the scene or failed to meet these duties, that conduct strengthens your claim and may be relevant to law enforcement’s investigation. An experienced truck accident lawyer can use that information to build a stronger case on your behalf.

Why Steinberg Law Firm Is the Right Choice for Your Burn Injury Claim in Charleston

For nearly 100 years, the firm has stood by injured South Carolinians and their families during some of the most difficult moments of their lives. Burn injury cases demand a legal team that understands the medical severity of these injuries, the complexity of identifying all liable parties, and the financial stakes involved in long-term care and lost earning capacity.

Steinberg Law Firm handles pickup truck crash cases across the Charleston area and throughout the Lowcountry, from North Charleston and Summerville to Goose Creek and the barrier islands. Our team investigates crashes thoroughly, works with accident reconstruction professionals and medical experts, and fights to ensure that every dollar of recoverable compensation is pursued on your behalf.

We work on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you. There is no financial risk in calling us. If you or a family member suffered burn injuries in a pickup truck crash, contact Steinberg Law Firm today at 843-720-2800. A personal injury lawyer from our team is ready to review your case, answer your questions, and help you understand your legal options.

FAQs About Burn Injuries from Pickup Truck Accidents in Charleston, SC

Can I file a burn injury claim if the pickup truck’s fuel system was defective?

Yes. If the fire that caused your burns resulted from a defective fuel system, faulty wiring, or a manufacturing flaw, you may have a product liability claim against the vehicle manufacturer in addition to a negligence claim against the driver. South Carolina product liability law allows injured victims to pursue compensation from manufacturers when a defective product causes harm. These cases often require engineering experts and detailed analysis of the vehicle, so it is important to act quickly and preserve all physical evidence from the crash.

What if the pickup truck driver who caused the crash was uninsured?

If the at-fault driver had no insurance, you may still have options. South Carolina law requires drivers to carry uninsured motorist (UM) coverage, and your own policy may provide a source of compensation for your burn injuries. An attorney can review your policy, identify all available coverage, and pursue every avenue of recovery. Do not assume that an uninsured driver means no compensation is available, and do not speak to any insurance company before consulting with an attorney first.

How long does a burn injury case from a pickup truck crash typically take to resolve?

Every case is different, but burn injury cases often take longer than typical crash cases because the injuries are severe, ongoing treatment continues for months or years, and it takes time to fully document the long-term impact on your health and earning capacity. Settling too quickly, before you understand the full extent of your injuries and future medical needs, can leave significant compensation on the table. An attorney can advise you on the right timing for settlement negotiations or trial.

Does comparative negligence apply if I was partially at fault for the crash that caused my burns?

Under South Carolina’s modified comparative negligence law, codified in S.C. Code § 15-38-15, your damages are reduced by your percentage of fault. As long as you are found to be less than 51% at fault for the crash, you can still recover compensation. For example, if a jury awards you $500,000 but finds you 20% at fault, your recovery would be reduced to $400,000. An attorney’s job is to minimize the fault assigned to you and maximize the compensation you receive.

What should I do immediately after a pickup truck crash that causes a fire?

Your first priority is safety. Get away from the burning vehicle as quickly as possible, and call 911 immediately. Accept medical treatment at the scene and follow up with a hospital, such as MUSC Health or Trident Medical Center, even if your burns initially appear minor, because burn injuries can worsen over the following hours. Document the scene if you are able, gather witness contact information, and do not give any recorded statements to insurance companies before speaking with an attorney. Contact Steinberg Law Firm at 843-720-2800 as soon as you are able.