Truck driver fatigue accidents in Greenville, SC, can cause serious injuries. Our experienced Greenville truck accident lawyer at Bobby Jones Law explains the causes, liability, and what victims need to know.
Truck Driver Fatigue Accidents in Greenville, SC
When truck driver fatigue contributes to a car accident, the trucking company can be held legally responsible. South Carolina law considers all factors that contributed to the accident under a modified comparative negligence standard. To receive compensation, the victim must bring a legal claim and identify the damages.
What is Truck Driver Fatigue?
Fatigue is an inability to perform a task well due to repetition, overuse, or depletion of physical and or mental capability. It’s not the same as being tired. Instead, it’s an inability to perform a task as a result of repeating the task to the point of becoming weary or worn out.
Truck driver fatigue is a common problem. Truck drivers:
- Sit for long hours
- Hold their arms up with hands on the wheel
- Face forward without much shoulder movement
- Feel the vibration from the vehicle through the steering wheel and their seat
- Sleep irregular hours
- Devote their mental energy to operating their vehicle
- Perform manual tasks of turning the wheel, shifting gears, and applying the pedals
- Monitor the safety and security of their transport loads
Truck drivers may not get enough exercise or struggle to eat healthily. Driving can be isolating. All of these factors can cause truck driver fatigue.
How Driver Fatigue Causes Commercial Truck Accidents
Fatigue can impair performance by causing:
- Delayed reaction time
- Worse judgment and decision-making
- Impaired performance in manual tasks
- Slow reaction times
- Loss of strength
- Forgetting tasks, trouble remembering information
- Lowered attention and vigilance
- Increased risk-taking
- Making more mistakes when completing tasks
- Loss of situational awareness
These factors can lead to truck driver fatigue-related accidents.
Source: CDC, Fatigue.
Fatigue Accident Statistics, United States and South Carolina
The National Transportation Safety Board reports that fatigue was listed as a factor in 1.67% of fatal heavy truck accidents. They say they believe fatigue is underreported in truck driving accidents, and driver fatigue may be a contributing factor in up to 40% of truck accidents.
The U.S. Department of Transportation reports that 13% of commercial motor vehicle drivers involved in collisions are fatigued at the time of the crash.
The South Carolina Traffic Fact Book for 2023 reported 421 collisions where driver fatigue was the primary contributing factor. Of these, 147 resulted in injury, and one collision was fatal.
Federal Hours-of-Service Rules for Truck Drivers
The Federal Motor Carrier Safety Administration imposes regulations that aim to reduce motor vehicle collisions.
Drivers who transport property must follow these rules:
- 11-hour driving maximum after 10 consecutive hours off duty.
- 14-hour limit on duty after 10 consecutive hours off duty, regardless of breaks.
- 30-minute break required after eight cumulative hours without a 30-minute break.
- 60-hour limit in a seven-day period; 70-hour limit in an eight-day period. Thirty-four hours off duty restarts the timing period.
Poor driving conditions can extend the 11-hour and 14-hour maximums. Drivers can meet some of their rest requirements by trading off with another driver and using a sleeper berth. There are different rules for short-haul drivers and drivers who transport people.
FMCSA, Summary of Hours of Service Regulations
Greenville, South Carolina, truck driving laws
Truck drivers in Greenville, SC, must follow federal driving regulations. In addition, commercial drivers must follow state commercial driver regulations. The South Carolina Department of Transportation has the authority to restrict loads, weights, and speed limits on highways in its jurisdiction. Greenville, SC, truck regulations relate to restrictions on truck activity in residential neighborhoods.
Warning Signs of a Fatigued Truck Driver
Signs of a fatigued truck driver may include:
- Weaving or drifting in the lane
- Slowed reaction or quick, hasty movements
- Tailgating
- Driving especially slow or fast
- Slow reaction to traffic control devices, directed traffic, and changing circumstances
- Overcorrecting speed, lane control, or following distance
- Wide turns
- Appearing to lack focus or awareness, visible yawning, or distraction
If an accident occurs, fatigue should be evaluated along with driving impairment and other possible factors. It’s important to call law enforcement to the scene to investigate.
Black Box Data and Logbooks in Fatigue Cases
Driving hours can be especially important in a truck driver fatigue accident claim. Electronic Logging Devices (ELDs) that record hours of service can help prove driving hours. These logging devices track duty status electronically, rather than with handwritten logs. Most interstate trucking operations must keep electronic hours of service records.
In addition, trucks may be equipped with additional monitoring. This data, commonly called black box data, may track driver activity like speed, sudden braking, and other notable driving events.
A victim seeking compensation for a truck driving accident must prove negligence. Logs and records can provide valuable evidence of truck driver fatigue. The driver’s testimony under oath can provide additional information.
A lawyer can help you demand records from the trucking company and depose witnesses, including the truck driver and other truck company employees.
Severe Injuries Caused by Fatigue-Related Crashes
Trucks can weigh up to 30 times as much as a passenger car. Large truck crashes can cause severe injuries and fatalities. Fatigue-related crashes can result in paralysis, disfigurement, scars, broken bones, and bodily system damage.
Truck driver fatigue laws protect victims’ rights to claim a monetary award. In addition to financial losses, victims may be compensated for pain and suffering and lifestyle disruption.
You may have a lawyer represent you.
The victim initiates their own claim. Most claims are settled by agreement, but you may take your case to trial if needed. Bobby Jones Law represents truck driver fatigue accident victims.
Contact an Experienced Greenville Truck Accident Lawyer
If you or a loved one has been injured in a truck accident, we invite you to contact an experienced Greenville truck accident lawyer at Bobby Jones Law. See how a lawyer can represent you in a truck driver fatigue accident claim.
Call or message us now.
