November 26, 2024 | Truck Accidents
Drowsy and fatigued truck drivers can be as dangerous as a drunk driver. When a truck driver has not had enough rest or sleep, the risk of a truck accident increases. For that reason, federal and state hours of service rules limit the number of hours a trucker can drive without rest.
Federal Hours of Services Rules for Truck Drivers
The FMCSA (Federal Motor Carrier Safety Administration) sets the hours of service rules for interstate trucking. Interstate trucking involves crossing state lines to deliver loads. The federal hours of service rules for property-carrying drivers include, but are not limited to:
- Limited to 11 hours of driving time after they have been off duty for a minimum of 10 straight hours.
- After coming on duty following at least 10 straight hours off duty, a truck driver cannot drive past the 14th consecutive hour on duty.
- Mandatory 30-minute breaks are required after driving for at least 8 hours without a 30-minute interruption. A 30-minute interruption or break is satisfied with any non-driving period.
- Weekly limits for driving are 60 hours within 7 consecutive days on duty or 70 hours within 8 consecutive days on duty. Drivers can restart the weekly limit by taking a minimum of 34 straight hours off duty.
There is an exception for adverse driving conditions. A driver may add two hours to the 11-hour driving limit and the 14-hour driving window when driving in adverse weather conditions. However, truck drivers should be extra vigilant when encountering adverse weather. These conditions can increase the risk of a truck accident.
South Carolina Hours of Service Rules for Truck Drivers
South Carolina Statute §56-5-90 sets the hours of service rules for intrastate truck drivers. Intrastate trucking does not require a trucker to leave the state of South Carolina. Therefore, a trucker operating solely within the state must follow these hours of service rules:
- Limit of 12 hours of driving time after resting for at least 8 hours
- Limit of 16 hours on duty after being off duty for at least 8 hours
- Mandatory rest period after being on duty for 70 hours for 7 consecutive days
- Mandatory rest period after being on duty for 80 hours for 8 consecutive days
Truck drivers should always gauge their fatigue to determine if operating a commercial motor vehicle is safe. A driver may have a higher level of fatigue in some situations.
Monitoring Hours of Service for Commercial Truck Drivers
At one time, truck drivers kept paper logs to track their hours of service. However, paper logs could contain mistakes and were subject to manipulation. In other words, truck drivers may drive longer than they should without noting it on their logs.
Today, hours of service are logged using ELDs or Electronic Logging Devices. ELDs automatically log a driver’s hours of service, rest periods, and breaks. A driver may select their duty status, such as off-duty, on-duty, or on-duty not driving. An ELD provides drivers with real-time alerts when approaching mandatory driving limits or rest periods.
ELDs help enforce federal and state hours of service. Violations of hours of service rules can result in fines, points against a driver’s CDL, out-of-service orders, and employment consequences for truck drivers. Trucking companies may also be fined, see an increase in their insurance costs, and lose their operating authority.
Who Is Responsible for a Fatigued or Drowsy Truck Driving Accident in South Carolina?
A commercial truck accident can result in wrongful death and catastrophic injuries for accident victims. In 2022, 70% of the fatalities and 72% of the injuries involving large trucks were occupants of other vehicles.
South Carolina personal injury laws hold parties liable for economic and non-economic damages when they contribute to the cause of an accident. Depending on the circumstances of a truck accident, potential liable parties could include:
- The truck driver
- The owner/operator of a truck or trailer
- The trucking company
- Loaders and shippers
- Maintenance and repair facilities
- Other motorists
- Government entities
A Lexington truck accident attorney can thoroughly investigate your accident to identify all parties who may be liable for your damages, then pursue each party to maximize the amount you receive for your injury claim.
Get Help With a Truck Accident Claim in South Carolina
If you’ve been injured in a truck accident, call Jeffcoat Injury and Car Accident Lawyers for a free consultation with a Lexington truck accident lawyer. We are here to help you get the compensation you deserve for a truck accident claim.
Contact a South Carolina Truck Accident Lawyer at Jeffcoat Injury and Car Accident Lawyers Today
For more information, contact the truck accident law firm of Jeffcoat Injury and Car Accident Lawyers to schedule a free initial consultation. We have five convenient locations in South Carolina: Columbia, Lexington, Orangeburg, and Blythewood.
Jeffcoat Injury and Car Accident Lawyers – Columbia, SC
1333 Main St #510,
Columbia, SC 29201
(803) 573-0869
Our firm is located near you. We have an office in Columbia, SC.
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Jeffcoat Injury and Car Accident Lawyers – Lexington, SC
5465 Sunset Blvd Suite B,
Lexington, SC 29072
(803) 721-4241
Our firm is located near you. We have an office in Lexington, SC.
Find us with our GeoCoordinates: 33.9981412,-81.2202483
Jeffcoat Injury and Car Accident Lawyers – Orangeburg, SC
161 Elliott St SE Suite B,
Orangeburg, SC 29115
(803) 884-2053
Our firm is located near you. We have an office in Orangeburg, SC.
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Jeffcoat Injury and Car Accident Lawyers – Blythewood, SC
749-2 University Village Dr,
Blythewood, SC 29016
(803) 866-5190
Our firm is located near you. We have an office in Blythewood, SC.
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Jeffcoat Injury and Car Accident Lawyers – Columbiana Dr
380 Columbiana Dr
Columbia, SC 29212
(803) 866-5522
Our firm is located near you. We have a secondary office in Columbia, SC.
Find us with our GeoCoordinates: 34.0857948,-81.1613165
