How Driver Fatigue Contributes to Truck Accidents in South Carolina

Truck accidents are a significant concern on South Carolina’s roads, and driver fatigue remains one of the leading causes. According to the Federal Motor Carrier Safety Administration (FMCSA), fatigue is a factor in approximately 13% of truck crashes nationwide. In South Carolina, where major highways like I-26, I-95, and I-526 see heavy commercial vehicle traffic, driver fatigue poses an even greater risk to motorists.

Fatigued driving is just as dangerous as driving under the influence of alcohol. Studies show that being awake for 18 consecutive hours impairs reaction times equivalent to a blood alcohol concentration (BAC) of 0.05%, and after 24 hours without sleep, it’s comparable to a BAC of 0.10%—which exceeds the legal limit in South Carolina.

Federal Regulations Designed to Prevent Driver Fatigue

To combat the dangers of fatigue-related truck accidents, the FMCSA enforces Hours of Service (HOS) regulations, which dictate how long commercial drivers can operate their vehicles before mandatory rest periods. These rules include:

• 11-Hour Driving Limit:

Drivers may only operate their truck for 11 hours after a 10-hour off-duty period.

• 14-Hour Workday Limit:

Drivers cannot drive beyond 14 hours after starting their shift, even if they take breaks.

• 30-Minute Break Requirement:

A break of at least 30 minutes is required after 8 hours of driving.

• 60/70-Hour Rule:

Drivers cannot exceed 60 hours in seven days or 70 hours in eight days without at least 34 hours of consecutive rest.

Despite these regulations, violations are common, particularly in industries where truckers face pressure to meet tight delivery schedules. In South Carolina, state troopers and FMCSA enforcement officers regularly inspect commercial vehicles for HOS violations, but proving fatigue in a legal claim requires more than just suspicion.

How Proving Driver Fatigue Can Strengthen Your Truck Accident Claim

If you or a loved one has been injured in a truck accident in Charleston, North Charleston, or elsewhere in South Carolina, proving that the truck driver was fatigued can be crucial in securing compensation. Some of the key pieces of evidence that can support a claim include:

• Electronic Logging Device (ELD) Data:

Federal law requires trucks to be equipped with ELDs that track driving hours.

• Driver Logs and Records:

Handwritten or digital logs can reveal discrepancies.

• Witness Testimony:

Statements from co-drivers, passengers, or other drivers can help confirm a trucker’s fatigue.

• Surveillance or Dashcam Footage:

Videos may show swerving, drifting, or other signs of drowsiness.

• Accident Reconstruction Analysis:

Experts can examine skid marks, reaction times, and accident dynamics to determine if fatigue was a factor.

How CFJ Injury Lawyers Can Help You Navigate the Truck Accident Process

Truck accident cases can be complex and require an experienced legal team to navigate the challenges of proving liability and securing compensation. With over 40 years of experience in personal injury law, CFJ Injury Lawyers has built a reputation for successfully handling truck accident claims across South Carolina.

Why Choose CFJ Injury Lawyers?

• Extensive Legal Experience: Led by Attorney Catherine F. Juhas, who is licensed in South Carolina, North Carolina, Washington D.C., and the U.S. District Court of South Carolina, our firm has the expertise needed to handle truck accident cases involving fatigued drivers.
• Dedicated Truck Accident Representation: Attorney Eric Saleme has dedicated his career to personal injury law since 2013, specializing in complex truck accident litigation and helping clients obtain fair compensation.
• Bilingual Legal Assistance: Eric Saleme is fluent in Spanish, allowing us to serve the Latin-American community in South Carolina more effectively.
• Proven Results and Client Satisfaction: Our firm has a track record of obtaining favorable settlements and verdicts for our clients. Our commitment to excellence is reflected in our five-star client testimonials:
  • “Experience with this law firm was very easy, every step of the way with communication. Nothing hidden, no guessing, always knew what was going on.” – Cordell Parler
  • “So what can I say other than 18 months out of work and this firm saw me through until the end.” – Micah Fahner
  • “CFJ Injury Lawyers was excellent in their representation of my case. The entire staff was patient, polite, and understanding of my circumstances.” – Kebra Mikell

Steps We Take to Handle Your Truck Accident Case

At CFJ Injury Lawyers, we understand that recovering from a truck accident is overwhelming. Our team is here to handle every aspect of your case, including:

1. Investigating the Accident

Gathering crucial evidence like driver logs, ELD data, and accident reports.

2. Consulting with Experts

Working with accident reconstructionists, medical professionals, and industry experts to strengthen your claim.

3. Negotiating with Insurance Companies

Ensuring you receive a fair settlement and are not pressured into accepting a low offer.

4. Litigating When Necessary

If a fair settlement cannot be reached, we are prepared to take your case to trial to fight for the compensation you deserve.

FAQs About Truck Accidents and Driver Fatigue in South Carolina

Q: What are my legal options if I suspect a truck driver was fatigued during an accident?

A: If you were injured in a truck accident where fatigue was a factor, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. Our attorneys can investigate and gather evidence to support your claim.

Q: How long do I have to file a truck accident lawsuit in South Carolina?

A: South Carolina has a three-year statute of limitations for personal injury claims, meaning you must file within three years from the date of the accident.

Q: Can trucking companies be held responsible for driver fatigue?

A: Yes. If a trucking company pressures drivers to exceed legal hours, fails to enforce HOS regulations, or encourages unsafe driving behaviors, they can be held liable.

Q: Do I need an attorney to file a claim?

A: While not required, hiring an experienced truck accident attorney significantly increases your chances of recovering full compensation. Our legal team at CFJ Injury Lawyers has the expertise to handle fatigue-related truck accident cases.

Contact CFJ Injury Lawyers for a Free Consultation

If you or a loved one has been involved in a truck accident due to driver fatigue in Charleston or anywhere in South Carolina, CFJ Injury Lawyers is here to help. Call us for a free consultation. Let us fight for your rights and ensure you receive the justice you deserve.