Hours of Service (HOS) violations happen when commercial truck drivers in South Carolina drive longer than federal law allows, skip mandatory breaks, or falsify their driving logs. These violations often cause serious trucking accidents that leave victims with severe injuries. At Cummings & Lewis, we have extensive experience handling trucking accident cases involving hours of service violations, fatigue-related crashes, and FMCSA rule enforcement. Schedule a free consultation today.
What are Hours of Service (HOS) Regulations in South Carolina?
In South Carolina, commercial truck drivers and trucking companies must comply with the Federal Motor Carrier Safety Administration (FMCSA) Hours of Service (HOS) regulations. These federal rules are designed to prevent driver fatigue, which is one of the leading causes of serious trucking accidents. When a truck driver violates their allowed driving hours or skips mandatory rest breaks, they not only risk fines and penalties, but also increase the chances of causing devastating crashes on South Carolina highways, including busy routes like I-85 near Spartanburg and Greenville. Key hours of service (HOS) regulations:
- 11-Hour Driving Limit:
Drivers may not operate a commercial vehicle for more than 11 total driving hours after taking at least 10 consecutive hours off duty. - New 14-Hour Rule for Truck Drivers:
All driving must be completed within a 14-hour window that starts when the driver begins their shift, including all driving and non-driving work. - 30-Minute Break Requirement:
After 8 cumulative hours of driving, drivers are required to take at least a 30-minute break before continuing. - 60/70 Hour Rule (Weekly Limits):
Drivers are limited to 60 hours on duty in 7 consecutive days, or 70 hours in 8 consecutive days, depending on the carrier’s operating schedule. - Sleeper Berth Provision:
If using a sleeper berth, drivers must spend at least 8 consecutive hours in the berth, along with an additional 2 consecutive or split hours off-duty, totaling 10 hours of rest.
When HOS violations contribute to a trucking accident, both the driver and the trucking company may face significant legal liability in personal injury claims.
Why Do Trucking Companies and Drivers Violate HOS Rules?
Despite strict regulations, HOS violations happen for several reasons:
- Pressure to meet delivery deadlines
- Financial incentives for driving longer hours
- Poor company oversight or enforcement
- Deliberate falsification of logbooks or electronic records
In some cases, drivers may feel forced to choose between job security and safety, while companies may turn a blind eye to truck driver violations that improve their bottom line. When these choices lead to serious accidents, injured victims have the right to seek accountability.
How HOS Violations Cause Trucking Accidents
Fatigued driving is one of the leading contributors to severe truck accidents. When drivers exceed their legal limits, they experience:
- Slower reaction times
- Impaired decision-making
- Decreased awareness of surroundings
- Microsleep episodes (brief, involuntary lapses into sleep)
These impairments can lead to rear-end collisions, rollovers, jackknife accidents, and multi-vehicle crashes. Due to the size and weight of commercial trucks, even a momentary lapse can cause life-altering injuries for other drivers on the road.
How Common Are Fatigue-Related Truck Accidents?
Truck driver fatigue is a major problem on U.S. roadways. The Federal Motor Carrier Safety Administration (FMCSA) estimates that driver fatigue plays a role in approximately 13% of all large truck crashes. Because of their massive size and weight, even minor mistakes by tired truckers can cause devastating, multi-vehicle collisions.
How to Prove an HOS Violation Contributed to Your Accident
Proving that an hours of service violation occurred requires a thorough investigation and legal expertise. Key evidence may include:
- Electronic logging device (ELD) data
- Driver logbooks and timesheets
- GPS and route tracking data
- Toll receipts, fuel purchases, and shipping documents
- Witness statements and expert testimony
An experienced trucking accident attorney can help gather this evidence, analyze company policies, and identify whether the trucking company or driver violated Federal Motor Carrier Safety regulations.
Can ETHOS Be Used to Prove HOS Violations?
The FMCSA’s Educational Tool for Hours of Service (ETHOS) helps analyze driver records and flag potential violations. However, ETHOS is not an enforcement tool and cannot serve as legal proof in a trucking accident case.
What to Do If You Suspect an HOS Violation After a Truck Accident
If you believe that driver fatigue played a role in your accident, take the following steps:
- Seek Medical Attention Immediately: Your health comes first. Some injuries may not be immediately apparent, so get evaluated even if you feel fine.
- Document the Truck Accident Scene: Take photographs of the crash scene, vehicle damage, road conditions, and any visible injuries. Get contact information from witnesses.
- Request a Police Report: The official accident report may contain important details about the driver’s condition, potential violations, or citations issued at the scene.
- Preserve All Evidence: Keep copies of all medical records, bills, repair estimates, and correspondence related to the accident.
- Contact an Experienced Truck Accident Attorney: Trucking accident cases are complex and often involve Federal Motor Carrier Safety regulations, corporate legal teams, and aggressive insurance companies. Having a skilled attorney on your side can make a significant difference in pursuing full compensation.
Truck Accident Attorneys in Spartanburg, South Carolina
At Cummings & Lewis, we are proud to represent truck accident victims across the entire Upstate South Carolina region. Our legal team has deep roots in the local community and a thorough understanding of the roads and highways where many of these devastating accidents happen. We serve clients from:
- Spartanburg
- Greenville
- Anderson
- Cherokee County
- Gaffney
- Boiling Springs
- And surrounding Upstate South Carolina communities
Many of the cases we handle involve serious collisions along heavily traveled routes, including I-85, I-26, Highway 221, and other major trucking corridors throughout the region. We know these roads — and we know how to build strong cases for those injured due to negligent drivers and companies violating safety regulations. Schedule a free attorney consultation today.
Frequently Asked Questions About HOS-related Trucking Accidents
How long do I have to file a trucking accident lawsuit in South Carolina?
In South Carolina, you generally have three years from the date of the accident to file a personal injury lawsuit. However, certain circumstances may impact this deadline, so it’s important to speak with an attorney as soon as possible.
Can trucking companies be held responsible even if the driver caused the accident?
Yes. Under South Carolina law, trucking companies may be held liable for the actions of their drivers, especially if the company encouraged or failed to prevent hours of service violations or maintained unsafe scheduling practices.
What compensation can I recover after a trucking accident caused by HOS violations?
You may be able to recover compensation for medical expenses, lost wages, pain and suffering, property damage, and long-term care needs. In some cases, punitive damages may also be awarded if the trucking company’s conduct was especially reckless.
Related Legal Services in Spartanburg, SC
With 50+ years of combined legal experience, the attorneys at Cummings & Lewis, LLC represent people who need legal assistance. Our size, experience, and legal knowledge allow us to represent people who face all sorts of legal concerns in state and federal courts.