Driver fatigue is a dangerous condition, regardless of the vehicle being operated. However, being alert and able to respond quickly to emergencies is even more important for commercial truck drivers. The size and weight of semi-trucks mean that even a moment of inattention or a long blink can have catastrophic consequences, including severe injuries for unsuspecting drivers in smaller cars. Unfortunately, many drivers ignore truck driving time regulations or face pressure from their employers to break the rules so they can complete their deliveries faster. These actions put everyone on the road in danger.
The South Carolina truck accident attorneys at Jebaily Law Firm thoroughly understand truck driving time regulations and know how to identify violations that contribute to crashes. Our team knows how to determine who caused a collision and hold them accountable, allowing our accident-victim clients to rest and heal. We have decades of combined experience with these cases, which has helped us recover millions for our clients.
Call us now or complete our contact form to schedule a free, no-obligation consultation.
What Are the Hours of Service Regulations for Truck Drivers in SC?
“Hours of service regulations” is the trucking industry term for the rules commercial motor vehicle drivers must follow regarding the maximum number of hours they can drive in a given day or week. The Federal Motor Carrier Safety Administration (FMCSA) sets the rules for interstate operators (drivers whose routes cross multiple states). South Carolina law governs drivers and trucking companies that operate solely within the state’s borders.
Intrastate vs. Interstate Driving Time Rules in South Carolina
When do hours of service regulations apply, and what are the hours? There are two sets of answers: for interstate (travel that crosses state lines) and for intrastate truck travel (travel that remains within a state).
The FMCSA rules for interstate truck drivers carrying property (as opposed to people) are as follows:
- 11-Hour Driving Limit – Drivers may drive up to 11 hours after 10 consecutive hours off duty.
- 14-Hour On-Duty Limit – A driver cannot drive beyond the 14th hour after coming on duty, even if they take breaks during that period.
- 30-Minute Break Requirement – Drivers must take a 30-minute break after eight cumulative hours of driving time. This break can be off-duty, in the sleeper berth, or on-duty but not driving.
- 60/70-Hour Limit – A driver may not drive after 60 hours on duty over seven consecutive days or 70 hours over eight consecutive days, depending on the carrier’s schedule.
- 34-Hour Restart – Drivers can reset their 60- or 70-hour clock by taking 34 consecutive hours off duty.
The rules for intrastate truck drivers in South Carolina differ slightly. They are as follows:
- 12-Hour Driving Limit – Intrastate drivers may not drive more than 12 hours after eight consecutive hours off duty.
- 16-Hour On-Duty Limit – Drivers are not allowed to drive after being on duty for 16 hours following eight consecutive hours off duty.
- 70-Hour/Seven-Day Limit – A driver may not exceed 70 hours on duty over any seven consecutive days.
- 80-Hour/Eight-Day Limit – Drivers are also limited to 80 on-duty hours in any eight consecutive days.
- Seven-Day Record Check – A driver’s eligibility to operate is based on their previous seven days of service, which helps determine compliance with time limits.
What Are the Penalties for Violating Truck Driving Time Limits in South Carolina?
Ignoring hours of service regulations and driving while fatigued can lead to serious legal trouble for drivers with commercial driver’s licenses and commercial trucking companies. At the federal level, truckers must follow FMCSA rules. These regulations exist to prevent driver fatigue. Violating them can result in fines, license suspensions, and other penalties. Federal law also prohibits drivers from operating a commercial vehicle if they’re fatigued, even if they haven’t exceeded their driving hours.
While drowsy driving isn’t a specific traffic offense in South Carolina, a fatigued truck driver could still face a reckless driving charge if their actions show a disregard for safety. Section 56-5-2920 of the South Carolina Code defines reckless driving as driving with a willful or wanton disregard for the safety of other people and property. Drowsy driving may meet this definition, particularly if a truck driver causes a crash and violates hours of service rules.
In a civil case, driving while fatigued may constitute negligence, particularly if the driver disregarded time limits or exhibited clear signs of exhaustion. That could make them and their trucking company employer responsible for any injuries or damage they cause.
How HOS Violations Can Lead to Fatigued Driving Truck Crashes
According to the National Safety Council, drowsy driving is almost as dangerous as intoxicated driving. Some ways that fatigue affects truck drivers’ ability to operate their vehicles safely include the following:
- Slower Reaction Times – Fatigue delays a driver’s ability to respond quickly to sudden traffic changes or road hazards.
- Poor Judgment – Drowsy truckers may misjudge distances, speeds, or traffic gaps, increasing the risk of risky lane changes or other dangerous maneuvers.
- Impaired Coordination – Physical fatigue affects truck drivers’ steering control, gear shifting, and braking, particularly during tight turns or emergency maneuvers.
- Microsleep Episodes – Even a few seconds of unintended sleep behind the wheel can cause a truck to drift across lanes or leave the roadway entirely.
- Tunnel Vision – Extreme tiredness can narrow a driver’s field of vision, causing them to miss pedestrians, signs, or other vehicles in their peripheral view.
Proving Liability for a Truck Crash Related to HOS Violations
Proving a truck driver broke hours of service regulations and caused a crash due to fatigue can be tricky. Your lawyer might look at the truck driver’s electronic logs to determine how long they were behind the wheel before the crash. (Most trucks must use electronic logs under federal law.) A more indirect approach may involve looking at traffic camera footage or a truck driver’s receipts to determine where they stopped and how long they were on the road between stops. A truck accident attorney can handle the investigation to establish liability for the accident, allowing you to concentrate on healing.
How Our Experienced Truck Accident Lawyers at Jebaily Law Firm Can Help
At Jebaily Law Firm, we know how to uncover the truth after a South Carolina truck accident caused by a drowsy trucker. Our team is well-versed in state and federal trucking regulations, and we know how to identify hours of service violations using driver logs, black box data, and delivery records. If a trucker broke the rules or drove while dangerously fatigued, we can build a strong case to hold them accountable.
While we focus on proving fault, we’ll also handle every part of your claim, from dealing with insurance adjusters to fighting for compensation for your medical bills, lost wages, pain, and suffering. You focus on healing. We’ll handle the rest.
Call us now or complete our contact form to schedule a free, no-obligation consultation.
