A drug-impaired pickup truck driver is one of the most dangerous hazards on Charleston’s roads. Pickup trucks are already among the heaviest and most powerful consumer vehicles on the road, and when a driver’s judgment, reaction time, and coordination are compromised by drugs, the results can be catastrophic. Whether the crash happens on US Highway 17 near the Ravenel Bridge, on Interstate 26 heading into North Charleston, or on a two-lane road through the Lowcountry, victims of these crashes deserve answers and accountability. If you or someone you love was hurt in a wreck caused by a drug-impaired pickup truck driver, a personal injury lawyer at Steinberg Law Firm is ready to help you understand your rights.

Table of Contents

• South Carolina Law Makes Drug-Impaired Driving Illegal, Regardless of the Substance
• The Real Danger of Drug-Impaired Pickup Truck Crashes in South Carolina
• How Drug Impairment Affects a Pickup Truck Driver’s Ability to React
• Who Can Be Held Liable After a Drug-Impaired Pickup Truck Crash in Charleston
• What Damages You May Recover After a Drug-Impaired Pickup Truck Crash
• Steps to Take After a Drug-Impaired Pickup Truck Crash in Charleston
• FAQs About Drug-Impaired Pickup Truck Accidents in Charleston, SC

South Carolina Law Makes Drug-Impaired Driving Illegal, Regardless of the Substance

South Carolina does not limit its impaired driving law to alcohol. Under S.C. Code § 56-5-2930, it is unlawful for a person to drive a motor vehicle within the state while under the influence of any other drug, or a combination of other drugs or any other substances, including tetrahydrocannabinol or tetrahydrocannabinol analogue, which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired. That means marijuana, prescription opioids, methamphetamine, benzodiazepines, and even certain over-the-counter medications can form the basis of a DUI charge.

The law does not require a driver to be fully incapacitated. South Carolina law prohibits a person from driving a motor vehicle while under the influence of alcohol to the extent that the person’s faculties to drive are materially and appreciably impaired. This same standard applies to drug impairment. Any measurable effect on a driver’s ability to safely operate their vehicle can meet the legal threshold.

For commercial drivers operating pickup trucks in a professional capacity, federal rules add another layer. Under 49 CFR Part 391, federal law prohibits Schedule I drugs or substances listed on 21 CFR 1308.11 from being prescribed for any purpose, meaning a medical examiner cannot physically qualify an individual who uses Schedule I drugs or substances. This matters in Charleston, where many pickup truck drivers work for construction, landscaping, utility, and delivery companies.

South Carolina also enforces an implied consent law. South Carolina law states that any person driving in this state is considered to have given consent for testing of breath, blood, or urine for the purpose of determining the presence of alcohol and/or drugs in the person’s system, if alleged to have committed a violation. A driver who refuses testing can still face serious legal consequences, and that refusal can be used as evidence in a civil claim against them.

The Real Danger of Drug-Impaired Pickup Truck Crashes in South Carolina

Drug-impaired driving is a growing problem across the country and right here in South Carolina. Nearly half of all fatal crashes in South Carolina involve an impaired driver. That figure includes both alcohol and drug-impaired crashes, and the numbers are not improving.

The South Carolina Department of Public Safety’s statistics for 2018-2022 show that there were 28,083 DUI-related collisions reported statewide. Those are only the reported crashes. Many drug-impaired wrecks go undetected because standard breathalyzers do not detect drugs other than alcohol.

A study at seven trauma centers of 4,243 drivers who were seriously injured in crashes found that 54% of drivers tested positive for alcohol and/or drugs. Of those drivers, 25% were positive for cannabis, 9% were positive for opioids, 10% were positive for stimulants, and 8% were positive for sedatives. These numbers paint a clear picture of how widespread drug impairment is behind the wheel.

Pickup trucks make this problem worse. They are heavier than standard passenger cars, they sit higher off the ground, and they take longer to stop. A drug-impaired driver in a full-size pickup truck like a Ford F-150 or a Chevrolet Silverado has less control and causes more damage when a crash occurs. The force of impact in these wrecks regularly causes traumatic brain injuries, spinal cord damage, broken bones, and internal organ injuries. Victims on motorcycles, bicycles, or on foot face even greater risk.

South Carolina’s alcohol-impaired driving fatality rate per 100 million vehicle miles traveled was the highest in the nation at 0.68, compared to the national rate of 0.38. When you factor in drug impairment alongside alcohol, the risk on South Carolina roads is even more serious than those numbers alone suggest.

How Drug Impairment Affects a Pickup Truck Driver’s Ability to React

Drugs affect driving in ways that are often invisible to other motorists until it is too late. It is illegal everywhere in America to drive under the influence of marijuana, opioids, methamphetamines, or any potentially impairing drug, whether prescribed or over the counter. The reason is simple: these substances attack the brain systems that driving depends on most.

Alcohol is a substance that reduces the function of the brain, impairing thinking, reasoning, and muscle coordination, and all these abilities are essential to operating a vehicle safely. As alcohol levels rise in a person’s system, the negative effects on the central nervous system increase. Drugs cause similar and often more unpredictable effects.

Think about what it takes to safely drive a heavy pickup truck through downtown Charleston or across the Ashley River bridges. A driver needs to track multiple lanes of traffic, judge stopping distances, react to sudden changes, and maintain lane position. Drug prevalence appears to be on the rise among drivers, and NHTSA’s recent study of seriously or fatally injured road users at studied trauma centers suggested that the overall prevalence of alcohol, cannabinoids, and opioids has increased.

Specific drug combinations make things even more dangerous. Research from the NHTSA’s 2024 Drugs and Human Performance Fact Sheets shows that combining alcohol with cannabis additively increases cognitive and motor deficits, while combining opioids with benzodiazepines can dramatically increase sedation and reaction time deficits. A pickup truck driver under the influence of multiple substances may appear functional until the moment they cause a serious wreck.

Pickup trucks also have longer stopping distances than smaller vehicles. A loaded single-unit truck traveling at 55 miles per hour requires up to 261 feet to stop under Federal Motor Vehicle Safety Standards (FMVSS, 49 CFR Part 571). Add drug-slowed reaction time before the brakes are even applied, and the actual stopping distance grows substantially. That extra distance can mean the difference between a near-miss and a fatal crash.

Who Can Be Held Liable After a Drug-Impaired Pickup Truck Crash in Charleston

The drug-impaired driver carries direct liability for the crash. Under South Carolina negligence law, a driver who operates a vehicle while impaired by drugs breaches the duty of care owed to everyone else on the road. That breach, when it causes injury, creates the legal foundation for a personal injury claim.

But the driver is not always the only party responsible. If the driver was operating a company-owned pickup truck while on the job, the employer may also be liable under the legal doctrine of respondeat superior, which holds employers responsible for the negligent acts of their employees during the course of employment. Charleston has no shortage of construction companies, plumbing contractors, HVAC businesses, and landscaping firms whose workers drive pickup trucks every day.

Employers can also face direct liability for negligent entrustment, which applies when a company knew or should have known that a driver had a history of drug use or impairment and still allowed that person to operate a company vehicle. Under 49 CFR Part 391, commercial drivers are subject to mandatory drug testing requirements. An employer who skips those tests or ignores positive results may share significant responsibility for a resulting crash.

In some cases, a third party may also bear responsibility. If a pickup truck driver was prescribed a medication that caused impairment, and the prescribing physician failed to warn about driving risks, that could open additional avenues of liability. A pickup truck accident lawyer at Steinberg Law Firm can review the full picture of what happened and identify every party whose negligence contributed to your injuries.

Under South Carolina law, a person convicted of causing great bodily injury while driving under the influence faces a mandatory fine of $5,100 to $10,100 and imprisonment from 30 days to 15 years, and when death occurs, a mandatory fine of $10,100 to $25,100 and imprisonment from one to 25 years. The criminal penalties are serious, and the civil liability that follows can be just as significant for victims seeking to recover damages.

What Damages You May Recover After a Drug-Impaired Pickup Truck Crash

South Carolina law allows injured crash victims to seek compensation for the full range of harm they have suffered. This includes both economic damages, which are concrete financial losses, and non-economic damages, which cover the personal toll the crash has taken on your life.

Economic damages in a drug-impaired pickup truck crash typically include medical expenses from emergency treatment, surgery, hospitalization, physical therapy, and ongoing care. They also include lost wages if your injuries kept you out of work, and future lost earning capacity if a permanent injury limits what you can do professionally. Serious crashes near areas like the Medical University of South Carolina or Roper St. Francis Healthcare often result in extensive treatment that creates substantial medical bills.

Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and the impact of a permanent disability on your daily activities. South Carolina does not cap non-economic damages in most personal injury cases, which means there is no arbitrary limit on what a jury can award for your pain and suffering.

When a drug-impaired driver acted with reckless disregard for the safety of others, South Carolina courts may also consider punitive damages. These are designed to punish especially egregious conduct and deter others from similar behavior. Driving a heavy pickup truck while impaired by drugs is exactly the kind of conduct that can support a punitive damages claim.

South Carolina uses a modified comparative negligence system. Under this rule, you can still recover damages as long as you are not more than 50% at fault for the crash. If you are found partially at fault, your recovery is reduced by your percentage of responsibility. Working with an experienced truck accident lawyer helps ensure that fault is properly assigned and that your claim reflects the full value of your losses.

Steps to Take After a Drug-Impaired Pickup Truck Crash in Charleston

What you do in the hours and days after a crash can directly affect the outcome of your case. The most important step is to get medical attention immediately, even if you feel okay at the scene. Drug-impaired crashes often cause serious internal injuries that are not immediately obvious. Prompt medical care creates a record that connects your injuries to the crash.

Call 911 and report the crash. If you notice signs of drug impairment in the other driver, such as erratic speech, glassy eyes, or unusual behavior, tell the responding officers. Law enforcement can conduct field sobriety tests and request blood or urine testing. That evidence becomes critical in both the criminal case against the driver and your civil claim for damages.

Document the scene if you are physically able to do so. Photographs of vehicle positions, road conditions, skid marks, and visible injuries are valuable. If there were witnesses near the Lowcountry community, on a Charleston street, or along a rural highway, get their contact information.

Do not speak to any insurance company before you have spoken with an attorney. This includes your own insurer. Insurance adjusters work to minimize what the company pays out, and anything you say can be used to reduce or deny your claim. The same caution applies to recorded statements and early settlement offers, which are often far below the true value of your damages.

South Carolina’s statute of limitations for personal injury claims is generally three years from the date of the crash, under S.C. Code § 15-3-530. Missing that deadline means losing your right to file a lawsuit entirely. Contacting a car accident attorney at Steinberg Law Firm as soon as possible protects your rights and gives your legal team the time needed to gather evidence, identify all liable parties, and build the strongest possible case on your behalf.

FAQs About Drug-Impaired Pickup Truck Accidents in Charleston, SC

Does it matter what drug the pickup truck driver was using when they hit me?

No, the specific substance does not determine whether you have a claim. Under S.C. Code § 56-5-2930, any drug that materially and appreciably impairs a driver’s ability to operate a vehicle creates liability. Whether the driver was using marijuana, prescription opioids, methamphetamine, or a combination of substances, you have the same right to pursue compensation for your injuries. What matters legally is that the driver was impaired and that impairment caused the crash.

What if the drug-impaired driver was never criminally charged or convicted?

A criminal conviction is not required for you to win a personal injury case. Civil cases and criminal cases use different standards of proof. A criminal case requires proof beyond a reasonable doubt, while a civil case requires only a preponderance of the evidence, meaning it is more likely than not that the driver was impaired and caused your injuries. Evidence such as a blood or urine test, witness statements, field sobriety test results, and the driver’s behavior at the scene can all support your civil claim even without a criminal conviction.

Can I sue the driver’s employer if they were driving a work pickup truck while on drugs?

Yes, in many cases you can. If the driver was acting within the scope of their employment at the time of the crash, the employer can be held liable under the doctrine of respondeat superior. Additionally, if the employer failed to conduct required drug testing under federal regulations such as 49 CFR Part 391, or ignored known drug use issues, the employer may face direct liability for negligent entrustment or negligent supervision. Charleston-area businesses that operate fleets of pickup trucks have legal obligations to ensure their drivers are fit for duty.

How long do I have to file a claim after a drug-impaired pickup truck crash in South Carolina?

In most personal injury cases in South Carolina, the statute of limitations is three years from the date of the crash, under S.C. Code § 15-3-530. If the crash resulted in a death, the wrongful death statute of limitations is also generally three years under S.C. Code § 15-3-530. There are exceptions that can shorten this deadline, particularly if a government entity is involved. Do not wait to speak with an attorney. Evidence can disappear quickly, witnesses’ memories fade, and missing the deadline means permanently losing your right to file a lawsuit.

What should I do if the drug-impaired pickup truck driver had no insurance or minimal coverage?

If the at-fault driver is uninsured or underinsured, you may still have options. Your own uninsured or underinsured motorist coverage may apply, depending on the terms of your policy. You may also have claims against other parties, such as the driver’s employer or a vehicle owner who negligently entrusted the truck to an impaired driver. An attorney can review all potential sources of recovery to help ensure you are not left bearing the cost of someone else’s reckless decision. Contact Steinberg Law Firm at 843-720-2800 to discuss your situation.

More Resources About Driver Negligence & Unsafe Operation

• Distracted Driving Pickup Truck Accidents
• Texting While Driving Pickup Truck Accidents
• Drunk Driving Pickup Truck Accidents
• Fatigued Pickup Truck Driver Accidents
• Speeding Pickup Truck Accidents
• Aggressive Driving Pickup Truck Accidents
• Tailgating Pickup Truck Accidents
• Unsafe Lane Change Pickup Truck Accidents
• Failure to Yield Pickup Truck Accidents
• Improper Left Turn Pickup Truck Accidents
• Illegal Passing Pickup Truck Accidents
• Teen Driver Pickup Truck Accidents
• Inexperienced Pickup Truck Driver Accidents
• Drowsy Driving Pickup Truck Accidents
• Road Rage Pickup Truck Accidents
• Wrong-Way Pickup Truck Accidents
• Reckless Pickup Truck Driving Accidents