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Truck Driver Fatigue Accidents in South Carolina
We’re here for you after you’re injured in an accident with a tired truck driver
Driving a tractor-trailer, semi-truck, big rig, or 18-wheeler is hard work. Truck drivers spend long hours behind the wheel, often covering hundreds of miles a day. While federal and state regulations are in place to limit the amount of time truckers can drive, truck driver fatigue remains a significant cause of serious truck accidents in South Carolina and nationwide.
When truck drivers push themselves too far, whether by choice or due to pressure from their employers, the consequences can be devastating. A tired truck driver behind the wheel of a fully loaded 18-wheeler is a danger to everyone on the road. At McGowan, Hood, Felder & Phillips, LLC, we understand how life-changing these crashes can be. Our South Carolina truck accident lawyers are here to help victims of truck driver fatigue accidents pursue justice and financial recovery. If you’ve been hurt in a truck wreck, this guide can help you understand what happened, what your legal options are, and how you can hold the responsible parties accountable.
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How Can We Help?
- Why is truck driver fatigue so dangerous?
- What are some common causes of truck driver fatigue in South Carolina?
- What are the signs of a fatigued truck driver?
- How does truck driver fatigue lead to accidents in South Carolina?
- Who is liable in a South Carolina truck driver fatigue case?
- How do you prove truck driver fatigue in a South Carolina case?
- How much is my South Carolina truck driver fatigue case worth?
- Why do I need a South Carolina truck accident lawyer?
- Do you have a South Carolina truck driver fatigue accident lawyer near me?
Why is truck driver fatigue so dangerous?
Driving while tired is dangerous for anyone, but it’s especially risky for truck drivers operating big rigs, semi-trucks, tractor-trailers, and 18-wheelers. These massive vehicles can weigh up to 80,000 pounds when fully loaded. They take longer to stop, are harder to control, and can cause catastrophic injuries when they crash. When a fatigued truck driver is on the road, they face:
- Slower reaction times
- Impaired judgment
- Decreased coordination
- Microsleeps (brief, uncontrollable episodes of sleep)
- Risk of falling asleep behind the wheel
A tired truck driver may not notice traffic slowing ahead, may swerve into other lanes, or may miss critical signs and signals. Even a momentary lapse in focus can lead to a deadly wreck.
The Federal Motor Carrier Safety Administration (FMCSA) recognizes driver fatigue as a major safety issue. That’s why there are strict Hours of Service (HOS) regulations in place to limit how long truck drivers can stay on the road without taking mandatory breaks. Unfortunately, these rules are sometimes ignored or manipulated by drivers and trucking companies.
What are some common causes of truck driver fatigue in South Carolina?
A variety of factors contribute to truck driver fatigue accidents here in South Carolina. Some are related to the trucking industry’s demanding schedules, while others are personal choices or health issues that drivers face.
- Truck drivers often face intense pressure to meet their delivery deadlines. This can lead them to skip rest breaks, shorten their sleep, or push beyond legal driving limits. Many 18-wheeler and tractor-trailer drivers are paid by the mile, which can further encourage them to drive as long as possible without stopping.
- Federal law limits truck drivers to a maximum of 11 hours of driving after 10 consecutive hours off duty, and no more than 60 hours in 7 consecutive days or 70 hours in 8 consecutive days. Some drivers might falsify their logbooks or use electronic logging devices (ELDs) improperly to hide the fact that they’ve been driving too long.
- Truck drivers often drive at night, in the early morning, or odd hours to avoid traffic or meet tight delivery windows. This irregular schedule can disrupt natural sleep patterns and increase fatigue.
- Some truckers suffer from sleep apnea, which is a condition causing interrupted breathing during sleep. Sleep apnea is common among overweight drivers and can leave them feeling exhausted, even after a full night’s rest. If left untreated, sleep apnea greatly increases the risk of a fatigue-related truck crash.
- Many truck drivers rely on caffeine, unhealthy food, and long sedentary hours to get through their routes. A lack of exercise, poor nutrition, and minimal rest can all contribute to chronic fatigue.
What are the signs of a fatigued truck driver?
It’s not always easy to tell if a truck driver was too tired to be driving at the time of the crash, but some common warning signs can point to truck driver fatigue:
- Drifting between lanes or struggling to stay in one lane
- Frequent braking or inconsistent speeds
- Delayed reactions to traffic signals or hazards
- Missing exits or turns
- Slurred speech or appearing disoriented at the scene
Unfortunately, by the time these signs are noticeable, the truck may have already caused a serious wreck.
How does truck driver fatigue lead to accidents in South Carolina?
Fatigued driving can cause all types of crashes involving tractor-trailers, semi-trucks, big rigs, and 18-wheelers. Some of the most common include:
- A tired driver may not notice traffic slowing ahead or may not be able to stop in time, causing a rear-end collision.
- Sudden and panicked braking can cause the truck’s trailer to swing out of control, resulting in a jackknife accident.
- Fatigue can impair a truck driver’s ability to safely handle turns or curves, increasing the risk of rollovers.
- Drifting across the center line due to drowsiness can cause devastating head-on collisions.
- Falling asleep at the wheel can cause the truck to veer off the road, hitting guardrails, barriers, or rolling over.
Who is liable in a South Carolina truck driver fatigue case?
In truck driver fatigue accidents in South Carolina, more than one party may be legally responsible. A careful investigation is needed to determine the cause of the crash and who can be held accountable. Potentially liable parties include:
- The truck driver, if they ignored rest breaks or chose to keep driving while dangerously tired.
- The trucking company, if it pressured the driver to meet unreasonable deadlines or failed to monitor HOS compliance.
- Third-party maintenance providers, if mechanical issues like faulty brakes contributed to the wreck.
- Cargo loading companies, if improperly loaded cargo contributed to a loss of control or rollover.
The trucking company’s insurance carrier may try to shift blame or argue that the crash was unavoidable. This is why you need a skilled truck accident lawyer to stand up for your rights and fight back.
How do you prove truck driver fatigue in a South Carolina case?
Proving that truck driver fatigue caused the crash can be challenging. Trucking companies will often deny that the driver was tired or claim that something else caused the accident. Our experienced lawyers can investigate the wreck and gather key evidence, including:
- Driver’s logs and Hours of Service records
- Electronic Logging Device (ELD) data
- Black box (event data recorder) information
- Cell phone records
- Surveillance footage from traffic or dash cameras
- Driver employment and medical records
- Witness statements
Truck driver fatigue cases require a detailed look at the timeline leading up to the crash. Our attorneys work with trucking industry experts and accident reconstruction specialists to build a strong case on your behalf.
How much is my South Carolina truck driver fatigue case worth?
Victims of truck driver fatigue accidents in South Carolina may be able to recover compensation for:
- Medical expenses like emergency care, surgeries, rehabilitation, physical therapy, and long-term care.
- Income missed while recovering from the wreck.
- Reduced earning capacity, if your injuries prevent you from returning to your previous job.
- Pain and suffering, which takes into account both your physical pain and emotional trauma.
- Property damage, including repair or replacement of your vehicle.
- If a loved one is killed in the crash, surviving family members may be entitled to wrongful death damages for funeral expenses, loss of income, and emotional suffering.
It’s important to work with a South Carolina truck accident lawyer who can calculate the full value of your claim and negotiate aggressively with the trucking company’s insurers.
Why do I need a South Carolina truck accident lawyer?
Trucking companies have experienced insurance adjusters and legal teams whose job is to limit payouts and protect the company’s bottom line. They may offer quick settlements that do not cover your long-term costs, or they may deny responsibility altogether. At McGowan, Hood, Felder & Phillips, LLC, we have years of experience handling complex truck driver fatigue lawsuits in South Carolina. We can:
- Launch a thorough investigation of the crash
- Collect and preserve critical evidence
- Work with accident reconstruction experts
- Handle all negotiations and communication with insurers
- Fight for full compensation, even if that means taking your case to court
We understand that you should not have to battle a trucking company on your own while trying to recover from serious injuries.
Do you have a South Carolina truck driver fatigue accident lawyer near me?
McGowan, Hood, Felder & Phillips, LLC has offices throughout the state of South Carolina:
- Rock Hill
- Charleston
- Columbia
- Myrtle Beach
- Greenville
We also serve clients throughout the State of South Carolina in all 46 counties, including Sumter, Anderson, Orangeburg, Hilton Head, Aiken, and Spartanburg.
We offer phone and video consultations and will make home and hospital visits when needed. Rest assured that we are always close by when you need us the most.
Skilled South Carolina truck driver fatigue accident lawyers on your side
If you or someone you love has been seriously injured in a tractor-trailer, semi-truck, big rig, or 18-wheeler wreck caused by truck driver fatigue, you deserve experienced legal support. At McGowan, Hood, Felder & Phillips, LLC, we know how to take on powerful trucking companies and stand up for the rights of injury victims. We are committed to helping you get the answers, accountability, and compensation you need. Call us or fill out our contact form to schedule your free consultation.