Truck accidents happen. The South Carolina Department of Public Safety (SCDPS) reports that there were 6,700 tractor-trailer collisions in the state in 2022. A significant number of these crashes are caused, at least in part, by overly fatigued truck drivers. The Federal Motor Carrier Safety Administration (FMCSA) has put Hour of Service (HOS) limits in place to address the problem of fatigued driving. Within this article, our Columbia truck accident attorney provides an overview of the HOS rules in South Carolina.
Know the Safety Hazard: Fatigue Driving in the Trucking Industry
Operating a large commercial truck safely takes skills, experience, and a clear and focused mind. It cannot be done by a trucker who is highly fatigued. Adequate rest is a must. Unfortunately, fatigued driving is a very serious problem in the trucking industry. The National Transportation Safety Board (NTSB) estimates that fatigued driving is a factor in as many as 30 percent of all heavy truck accidents. Here are some reasons why it is so dangerous:
- Impaired Reaction Time: Fatigue can radically slow a driver’s reaction time. In this way, it is akin to the effects of alcohol impairment. The delay can be the difference between avoiding a crash and ending up in a terrible collision. Reaction time matters for truckers.
- Decreased Attention: Fatigued drivers also struggle with maintaining focus. Of course, focus is essential for continuously monitoring road conditions and traffic signals. The decreased vigilance can lead to missed exits, ignored traffic signs, and unnoticed hazards.
- Poor Decision-Making: Exhaustion affects a driver’s ability to make quick and correct decisions. Fatigued drivers are more likely to make poor judgment calls—such as misjudging the speed of other vehicles or the distance needed to stop safely.
- Reckless Conduct: Finally, lack of adequate rest can lead to changes in a driver’s mood, often resulting in increased aggression or irritability. The risk of aggressive driving practices such as tailgating, speeding, and erratic lane changes, all increases.
An Overview of HOS Regulations
The Federal Motor Carrier Safety Administration (FMCSA) explains that there are Hour of Service (HOS) regulations in place to reduce the risk of fatigued trucking. These safety rules—which apply to all large commercial trucks that are operated in interstate commerce—must be followed. The failure to do so is a serious violation. Here is an overview of the requirements:
- 11-Hour Driving Limit: To start, the FMCSA rules allow truck drivers to drive for up to 11 hours after 10 consecutive hours off duty. It is designed to ensure that drivers have enough time to rest and recover before a long period of driving. 11 hours in the daily driving limit.
- 14-Hour Driving Window: Truck drivers are allowed a window of 14 consecutive hours in which they can drive up to 11 hours—after which they must be off duty for 10 consecutive hours. In other words, all 11 hours must be completed within 14 hours.
- 30-Minute Break Requirement (Minimum): Truckers must take a 30-minute break if they have driven for 8 cumulative hours without at least a 30-minute interruption. The break can be satisfied by any non-driving period. Lunch and re-fueling both count as a break.
- 70-Hour/8-Day Limit: Finally, FMCSA HOS rules restrict drivers to a maximum of 70 hours of driving within eight days. After reaching this limit, drivers must take at least 34 consecutive hours off duty to reset their 70-hour clock.
HOS Violations are Negligence (as is Fatigued Driving in General)
What happens if a trucker and/or truck company violates HOS service limits? The short answer is that it puts everyone else on the road at a serious (and unacceptable) safety risk. Hours of Service (HOS) violations are considered a form of negligence within the trucking industry. When truck drivers or companies disregard these rules, they increase the risk of fatigue-related accidents. They can and should be held accountable for crashes.
Of course, HOS rules are not comprehensive enough to eliminate the risk of fatigued driving by truckers. All truck drivers have a general responsibility to get adequate rest before getting behind the wheel. Fatigued driving is negligent driving—even if there is no technical breach of Hour of Service regulations. A trucker driver who was too tired to operate a tractor-trailer safely can be held legally responsible for a resulting collision.
Recovering Compensation After a Crash With a Fatigued Trucker
Were you injured in a crash caused by a fatigued truck driver? If so, you must have access to the maximum available financial compensation. South Carolina allows injured victims to seek compensation for the full value of their damages. Along with other types of damages, fatigued driving truck accident victims may be entitled to recover compensation for:
- Vehicle repairs;
- Emergency room care;
- Hospital bills;
- Medical expenses;
- Loss of wages;
- Pain and suffering;
- Long-term disability;
- Reduced quality of life; and
- Wrongful death.
How Our South Carolina Truck Accident Lawyer Can Help
Fatigued truck drivers pose an inherent, serious safety hazard. If you were involved in a crash with a fatigued trucker—whether they were in violation of HOS regulations or were simply too tired to drive safely—it is imperative that you have professional representation. With proven leadership in personal injury law and an extensive history of client testimonials, our founder Christopher R. Hart has the expertise that you can rely on. Attorney Hart will invest the time and resources to handle your case with the care, compassion, and professionalism that it deserves.
Schedule a Free Consultation With a Top-Tier Columbia, SC Truck Accident Lawyer
At Hart Law, our Columbia, SC truck accident attorney is standing by, ready to protect your rights and your interests. If you have any specific questions or concerns about HOS regulations, please do not hesitate to contact us today for a free case evaluation. From our Columbia office, we represent truck accident victims throughout the entire state of South Carolina.