Legal Question in Personal Injury in Texas

Truck driver injured

I am a truck driver living in Pelion, SC. My company's corporate office is in Charlotte, NC and I haul loads out of Blythewood, SC.

I was injured on March 18, 2003 at Greenville, TX, when a portion of the load I was unloading fell on me. My company is a dedicated hauler for a retail department store, which loads our trailers at the Blythewood, SC distribution center.

This injury was filed under workers compensation. I want to bring a suit against the distribution center for neglance in the loading of trailers. What jurisdiction can I file this suit in and what time limits do I have before filing? South Carolina, North Carolina or Texas.


Asked on 8/09/03, 8:34 pm

2 Answers from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Re: Truck driver injured

The Statute of Limitations in South Carolina is three years for negligence, unless your suing a branch of the government, in which it is two years, both of which from the date of injury. Your question does not contain all of the information necessary to give you an answer. Where was the truck loaded, who loaded the truck, why were they negligent, who owns the distribution center, etc. You wrote a good question, but in order to be sure you are getting the correct advise, I need more information. I am a South Carolina negligence attorney and can be reached at 843-828-1137. Good luck.

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Answered on 8/11/03, 1:52 pm

Re: Truck driver injured

Without knowing more about the parties and with the limited facts, I would suggest you speak with a local SC attorney first. If he feels you need a Texas attorney, he may know someone to recommend.

If you were going to file a cause of action in Texas, you can usually file in the county where the accident occurred. However, without knowing where the retail store is incorporated leave us with the question of where to file: Texas, South Carolina, or Federal Court?

As for the statute of limitations, it varies per state and upon the cause of action you sue under.

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Answered on 8/09/03, 8:50 pm


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