A pickup truck tailgate that swings open without warning is not a minor inconvenience. It is a serious safety defect that can send cargo flying into traffic, strike pedestrians and cyclists, and cause devastating chain-reaction crashes on Charleston’s busiest roads. Whether the failure stems from a mechanical latch defect, a manufacturing flaw, or a driver’s failure to properly secure the gate, the resulting injuries can be life-altering. If you or someone you love was hurt because of a tailgate failure in the Charleston, SC area, you may have the right to pursue a personal injury claim against the responsible party.

Table of Contents

• How Pickup Truck Tailgate Failures Cause Serious Injuries in Charleston, SC
• Real Tailgate Defects: What NHTSA Recalls Tell Us About the Risk
• Who Is Legally Responsible for a Tailgate Failure Crash in South Carolina
• South Carolina Law and Your Right to Compensation After a Tailgate Failure Crash
• What to Do After a Tailgate Failure Crash in the Charleston Area
• Why Steinberg Law Firm Handles Tailgate Failure Injury Claims in Charleston, SC
• FAQs About Tailgate Failure Pickup Truck Accident Injuries in Charleston, SC

How Pickup Truck Tailgate Failures Cause Serious Injuries in Charleston, SC

A tailgate failure occurs when the rear gate of a pickup truck opens unexpectedly, either while the truck is parked or while it is moving. This creates two distinct dangers: cargo ejected onto the roadway, and the tailgate itself swinging down into the path of other vehicles, cyclists, or pedestrians.

Charleston’s roads amplify these risks. On US-17 through the Lowcountry, on Interstate 26 heading into North Charleston, and on the busy corridors near the Port of Charleston, pickup trucks haul heavy loads daily. When a tailgate drops at highway speed, the results can be catastrophic. Cargo can strike windshields. A following driver may swerve and cause a multi-vehicle crash. A cyclist on the West Ashley Greenway or a pedestrian near the Charleston City Market can be struck by a swinging gate or ejected debris with little or no warning.

The injuries associated with these crashes are severe. Traumatic brain injuries, spinal cord damage, broken bones, and crush injuries are common outcomes. A pedestrian or cyclist struck by an unsecured load has almost no protection. Even a driver in a following vehicle faces the full force of a heavy object at speed. These are not minor fender-benders. They are high-impact events that can change a person’s life permanently.

Tailgate failures also create liability questions that go beyond a single driver. The manufacturer, a maintenance company, an employer, or a cargo loader may all share responsibility depending on how and why the gate failed. Understanding who caused the failure is the first step toward holding the right party accountable.

Real Tailgate Defects: What NHTSA Recalls Tell Us About the Risk

Tailgate failures are not hypothetical. The National Highway Traffic Safety Administration (NHTSA) has documented them through formal safety recalls, confirming that these defects exist in real vehicles on South Carolina roads today.

General Motors determined that a safety-related defect exists in certain 2020 through 2024 model year Chevrolet Silverado Heavy Duty (2500/3500 series) and GMC Sierra Heavy Duty (2500/3500 series) vehicles equipped with power-unlatching tailgates, prompting a formal safety recall. The recall covers models with power-unlatching tailgates containing an electronic gate-release switch that may short-circuit from water intrusion, which can cause the tailgate to become unlatched while the truck is in park, and if drivers do not check that the tailgate is secure before setting off, it could open and allow cargo to fall out of the bed.

According to NHTSA, an unlatched tailgate may open and result in a loss of unsecured cargo, creating a road hazard and increasing the risk of a crash. GM recalled 570,434 HD pickups in February 2024 after receiving 136 field reports of tailgates opening while driving during the period from September 2020 to August 2023.

This is not limited to GM trucks. Tailgate latch systems across multiple manufacturers have faced scrutiny. Worn latch mechanisms, corroded hardware, improperly repaired gates, and aftermarket modifications can all compromise the integrity of any pickup truck’s tailgate. In South Carolina’s coastal climate, where humidity and salt air accelerate corrosion, these risks are even greater for trucks driven regularly through areas like James Island, Mount Pleasant, and the barrier islands.

If your crash involved a truck subject to an open recall, or a truck with a known defect that was never repaired, that evidence becomes central to your injury claim. A pickup truck accident lawyer can investigate whether a recall or product defect contributed to what happened to you.

Who Is Legally Responsible for a Tailgate Failure Crash in South Carolina

Liability in a tailgate failure crash can fall on multiple parties, and identifying all of them matters when it comes to recovering full compensation for your injuries.

The truck driver bears responsibility if they failed to properly latch the gate before driving. South Carolina Code Section 56-5-1220 requires drivers involved in crashes that result in injury or death to render reasonable assistance and provide identifying information. A driver who knew or should have known the tailgate was unsecured and drove anyway acted negligently.

If the driver was working at the time of the crash, their employer may also be liable under the legal doctrine of respondeat superior, which holds employers accountable for the negligent acts of employees acting within the scope of their job duties. Construction companies, landscaping firms, utility contractors, and delivery operators all run pickup trucks throughout the Charleston area every day. When their drivers cause crashes, the company can be named in a personal injury claim.

A vehicle manufacturer can be held liable under South Carolina product liability law when a defect in the tailgate design or manufacturing caused or contributed to the failure. This type of claim falls under strict liability, meaning the injured person does not need to prove the manufacturer was careless, only that the product was defective and caused harm.

A mechanic or maintenance company that improperly repaired or inspected the tailgate may also share fault. Negligent maintenance is a recognized basis for liability in South Carolina personal injury law. If you were injured by a tailgate that dropped because of a bad repair, the shop that did the work may owe you damages.

Working with an experienced truck accident lawyer is the most effective way to identify every party whose negligence contributed to your crash.

South Carolina Law and Your Right to Compensation After a Tailgate Failure Crash

South Carolina follows a modified comparative negligence rule, codified under South Carolina Code of Laws Section 15-38-15. This law directly affects your ability to recover compensation after a crash.

Under South Carolina’s modified comparative negligence rule, a plaintiff can recover damages only if their share of fault is 50 percent or less. If the plaintiff is found to be more than 50 percent at fault, they are barred from recovering any compensation. The law says that a claimant’s damages are reduced by their relative share of fault. So if you were found to be 20 percent at fault for a crash and your total damages were $100,000, you would recover $80,000.

This matters in tailgate failure cases because insurance companies will often argue that the injured party was following too closely, was driving too fast, or failed to take evasive action. These arguments are designed to push your fault percentage above the 50 percent threshold and eliminate your claim entirely. Do not speak with any insurance company, including your own, before talking with an attorney. Statements made early after a crash can be used to inflate your assigned fault percentage.

South Carolina law also gives you three years from the date of the crash to file a personal injury lawsuit in the state’s civil court system. Missing that deadline can permanently bar your claim. Evidence fades, witnesses become harder to locate, and truck maintenance records can be lost or destroyed. Acting quickly protects your rights.

Compensation in a tailgate failure injury claim can include medical bills, future medical costs, lost wages, loss of future earning capacity, pain and suffering, and permanent disability damages. In cases involving willful or reckless conduct, South Carolina Code Section 15-38-15 also allows for the imposition of full joint and several liability against defendants whose behavior was willful, wanton, or reckless.

What to Do After a Tailgate Failure Crash in the Charleston Area

The steps you take immediately after a tailgate failure crash directly affect the strength of your injury claim. Acting quickly and carefully protects your rights and preserves critical evidence.

Call 911 first. South Carolina Code Section 56-5-1260 requires the immediate reporting of crashes that result in personal injury or death. Law enforcement officers will document the scene, interview witnesses, and create an official crash report. That report becomes a foundational piece of evidence in your case.

Get medical attention right away, even if you feel fine. Injuries like traumatic brain injuries, internal organ damage, and soft tissue injuries often do not show symptoms immediately. A medical record created close in time to the crash establishes the connection between the crash and your injuries. Gaps in medical treatment give insurance adjusters an argument that your injuries were not serious or were caused by something else.

Photograph everything you can safely document. The open tailgate, the debris on the road, the damage to your vehicle, and your visible injuries are all important. If the crash happened near a recognizable location, such as near the Ravenel Bridge approach, the Crosstown, or along Rivers Avenue in North Charleston, note that location specifically.

Do not speak with the at-fault driver’s insurance company. Do not speak with your own insurance company. Do not give recorded statements to anyone until you have spoken with a personal injury lawyer. Insurance adjusters are trained to minimize payouts. A single offhand comment can be used against you later.

Preserve the truck’s maintenance records if possible. In commercial vehicle cases, your attorney can send a spoliation letter requiring the trucking company to preserve all records related to the vehicle, including repair logs, inspection reports, and driver checklists. This evidence can be decisive in proving the tailgate was improperly maintained.

Why Steinberg Law Firm Handles Tailgate Failure Injury Claims in Charleston, SC

For nearly 100 years, the firm has represented injured people across South Carolina, including victims of pickup truck crashes caused by defective equipment, negligent drivers, and careless employers. Steinberg Law Firm understands how tailgate failure cases work, how to investigate them thoroughly, and how to build claims that hold every responsible party accountable.

These cases often involve multiple defendants, including truck drivers, employers, manufacturers, and maintenance providers. They require a careful review of NHTSA recall records, vehicle inspection reports, black box data, and witness accounts. They also require a firm understanding of South Carolina product liability law, employer negligence doctrine, and the modified comparative negligence rules that govern how damages are calculated and awarded.

If you were hurt in a tailgate failure crash in Charleston, North Charleston, Mount Pleasant, Summerville, Goose Creek, or anywhere in the Lowcountry, call Steinberg Law Firm at 843-720-2800. A car accident attorney at our firm will review your case at no cost and explain your options. We work on a contingency fee basis, which means you pay nothing unless we recover for you. If we do recover, our fee comes from the settlement proceeds.

FAQs About Tailgate Failure Pickup Truck Accident Injuries in Charleston, SC

Can I file a claim if I was injured by cargo that fell from a pickup truck’s open tailgate?

Yes. If cargo fell from a pickup truck because the tailgate was improperly secured or defective, the truck driver, the driver’s employer, the cargo loader, or the vehicle manufacturer may be liable for your injuries. South Carolina personal injury law allows you to pursue compensation from any party whose negligence contributed to the crash. The key is identifying who was responsible for ensuring the tailgate was properly latched and the cargo was secured before the truck entered the road.

What if the tailgate failure was caused by a manufacturing defect rather than driver error?

You may have a product liability claim against the manufacturer. South Carolina recognizes strict liability for defective products, meaning you do not need to prove the manufacturer was careless. You need to show the product was defective, the defect made it unreasonably dangerous, and the defect caused your injury. NHTSA recall records and engineering analysis are often central to these claims. An attorney can help you determine whether a known defect or open recall contributed to the failure.

How long do I have to file a tailgate failure injury lawsuit in South Carolina?

South Carolina law generally gives you three years from the date of the crash to file a personal injury lawsuit. Missing this deadline will almost certainly bar your claim permanently. However, you should act well before that deadline expires. Evidence can disappear, truck maintenance records can be lost, and witnesses become harder to locate over time. Contact an attorney as soon as possible after the crash to protect your rights.

Can I still recover damages if the insurance company says I was partly at fault for the crash?

Possibly. South Carolina follows a modified comparative negligence rule under Section 15-38-15 of the South Carolina Code of Laws. As long as your share of fault is 50 percent or less, you can still recover damages. Your total award will be reduced by your percentage of fault. For example, if you were found 20 percent at fault and your damages totaled $150,000, you would recover $120,000. Do not accept an insurance company’s fault assessment without first consulting an attorney. Adjusters often try to inflate a claimant’s percentage of fault to reduce or eliminate the payout.

What if the pickup truck driver worked for a company when the tailgate failure crash happened?

If the driver was acting within the scope of their employment at the time of the crash, their employer can be held liable under the doctrine of respondeat superior. This is important because employers typically carry larger insurance policies than individual drivers, which means greater potential compensation for serious injuries. Construction companies, utility contractors, landscaping firms, and delivery operators are common employers of pickup truck drivers in the Charleston area. Your attorney will investigate the driver’s employment status and the company’s vehicle maintenance practices as part of building your claim.