Get a Free Case Review -  (803) 471-4188
Close

Hours of Service Requirements for Truck Drivers in South Carolina

Large trucks, sometimes called eighteen-wheelers, big rigs, or semis, are frequently on South Carolina’s highways. While we might see these vehicles often, truckers must be careful about how long they are on the road. Federal regulations restrict the amount of time truckers may be on the road before they must stop to rest. If a trucker violates these hours of service requirements, they and their employers might be liable for accidents caused by fatigue.

Truckers hauling cargo are generally limited in various ways in terms of how long they drive on a daily and weekly basis. These regulations were designed to prevent truckers from becoming fatigued, falling asleep at the wheel, and causing accidents. If we believe the trucker in your case exceeded these federal limits, we might have a stronger claim for damages and an idea of where we should look for evidence. Driving logs, trucking company records, and data recording devices on the truck may shed light on how long the trucker was on the road and whether they were fatigued.

Get a private, free case evaluation from our Columbia, SC truck accident lawyers at Burriss Ridgeway Injury Lawyers by calling (803) 451-4000.

How Long Are Truckers Permitted to Drive in South Carolina?

While truck drivers routinely work long hours on the road, federal regulations limit their hours to prevent them from becoming overly tired and causing accidents. If a truck driver exceeds these limits and drives for too long, they and their employer might be liable for a resulting crash. Hours of service requirements are governed by federal regulations, as trucks often cross state lines.

According to 49 C.F.R. § 395.3(a), a truck driver may not begin a shift unless they have had at least 10 consecutive hours off duty. Even if they did not drive for very long yesterday, if they have not been off duty long enough, the truck driver cannot start their day too soon without violating federal regulations. Second, once a truck driver is on duty, they may not drive after 14 consecutive hours. Once truckers have been on duty for that time, they are required to stop driving.

Once on the road, truckers are limited to how long they may be on the road and when they must take breaks. During the 14-hour period mentioned above, a truck driver may not drive for more than 11 hours. In addition, they must take a 30-minute uninterrupted break after 8 consecutive hours of driving.

Under subsection (b) of this regulation, truckers are not permitted to drive their trucks if they have been on duty for at least 60 hours in any consecutive 7-day period if the trucking company does not operate trucks every day of the week. Also, truckers must cease driving if they have been on duty for 70 hours during any consecutive 8-day period if the trucking company operates trucks every day of the week. Once a period of 7 or 8 consecutive days ends, a 34-hour off-duty or rest period may begin.

How Hours of Service Requirements Affect Truck Accident Injury Cases in South Carolina

Did the trucker in your case violate any hours of service requirements imposed by federal regulations? We might not know the answer to this question right away. It often takes an investigation to determine how long the trucker had been on duty before the accident. Even if our South Carolina truck accident lawyers suspect the trucker was fatigued from driving for too long, we need the evidence to prove it.

If the trucker in your case violated hours of service requirements, you might have a stronger claim for negligence per se. Negligence per se refers to accidents where the defendant’s negligence stems from a legal violation. A person’s behavior may constitute negligence per se if they injured you by violating a law or regulation meant to keep people safe. The violation itself is a negligent act. Since driving beyond these hours of service limits would be this type of legal violation, the defendant’s actions may be considered negligence per se, and we might have a simpler time proving your case.

You also have a stronger claim for fatigued driving, a common and serious problem affecting the trucking industry. Fatigued or tired driving refers to truckers too tired to drive safely. These drivers risk dozing off behind the wheel and veering off the highway or into other vehicles. It can be difficult to prove just how tired someone was, but the fact that they were driving long enough to violate hours of service rules can help show they were driving long enough to be quite tired.

We should also consider how a violation of federal hours of service regulations might help your claim for damages. A serious violation might mean we have room to argue for punitive damages. If a truck driver is on the road for many hours more than legally allowed, we can argue that their negligence constitutes willful, reckless, or wanton conduct required for punitive damages under S.C. Code Ann. § 15-32-520(D).

How to Find Evidence of Hours of Service Violations in South Carolina Truck Accident Cases

One way we can prove your claims is to talk to witnesses. While eyewitnesses who saw the crash might not know how long the trucker had been on the road, other witnesses associated with the truck driver or their employer might have a better idea. For example, another driver or a dispatcher from the trucking company might know when the trucker in your case first got on the road and began their shift.

We should also try to obtain copies of trucking company records. Even if witnesses cannot tell us when the truck driver started driving or whether they took any breaks, the trucking company’s records will shed light on the issue. For example, truckers are usually required to log driving and rest times. They must also call their employer to check in about their journey. Trucking companies must maintain these records, and they can tell us how long the trucker had been on the road before they caused the accident and whether they were taking breaks as required by federal regulations.

You might have heard of “black box” recording devices on planes that record all sorts of data about how pilots operate the plane. These devices are often present on large trucks for the same reason. The black box data might show us when the trucker started driving and how long they were driving before they took a rest. This is an important piece of evidence as it may be difficult to refute.

Contact Our South Carolina Truck Accident Attorneys for Help Now

Get a confidential, free case review from our South Carolina truck accident attorneys at Burriss Ridgeway Injury Lawyers by calling our offices at (803) 451-4000.