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If a tired commercial driver caused your crash, you may have a claim against the driver, the trucking company, or both. A Myrtle Beach fatigued truck driver accident lawyer can look beyond the police report, compare the driver’s electronic log with other records, and determine whether exhaustion contributed to the collision. You do not need to prove that the driver actually fell asleep before speaking with an attorney.
Maguire Law Firm represents people injured in Myrtle Beach truck accidents and families affected by fatal crashes. Acting promptly matters because video, vehicle data, and company records can disappear while you are receiving treatment.
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If a commercial truck driver was so fatigued they could not operate their vehicle safely, resulting in your harm, there may be an available claim. This includes all parties who suffer as a result of a fatigued truck driver’s crash; i.e., those injured while riding in the truck (drivers & passengers), motorcyclists, bicyclists, and/or pedestrians.Â
It is possible to file a claim for fatigued driving even if there were multiple causes of a crash. For example, an exhausted driver may also be speeding, tailgating, weaving in and out of their own lane, or taking too long to react to traffic signals and signs. The question will be whether the driver’s condition or a decision made by the trucking company helped contribute to the accident occurring.
In cases where an accident results in a loss of life, South Carolina law provides the basis for a wrongful death lawsuit if the deceased individual would have been able to bring an action against the driver(s) of the large truck that collided with them had they lived. It is the personal representative of the estate who will pursue this wrongful death lawsuit as part of the claims process for statutory beneficiaries as defined under South Carolina wrongful death laws.
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Fatigue Can Matter Even Without an Hours Violation
Federal law addresses the maximum number of hours a driver is allowed to operate a vehicle prior to needing a break, as well as prohibits unsafe operation. 49 CFR § 392.3 states that no commercial driver shall start or continue a trip if a factor such as fatigue, illness, or some other reason(s) impairs the driver’s ability to stay awake to operate his/her vehicle safely. Additionally, this section provides that no motor carrier shall require or permit such operation of the vehicle if this is the case.
Even though a driver may be compliant with the hours-of-service regulations (i.e., well within the allotted time limits), he/she may still be extremely tired due to lack of sleep, working prior to reporting for work, taking prescription medications, being subject to an irregularly scheduled work week, etc. While a violation of the hours-of-service regulations will support a claim regarding fatigue contributing to a collision, a violation alone does not establish that the driver’s fatigue was the cause of the collision.
Hours Rules for Most Property Carrying Commercial Vehicle Operators
With certain exemptions, 49 CFR § 395.3 provides for most property-carrying commercial operators to obtain ten consecutive hours off-duty prior to commencing a new shift. The regulation allows for eleven hours of actual driving during the fourteen hours immediately after the operator begins his/her duties.
Additionally, the regulation mandates a thirty-minute break after eight hours of actual driving time. Based on the specific scheduling requirements set forth by the carrier, there are limits based on duty time placed on how much actual driving time can occur. An operator may not drive after being on duty 60 hours in seven consecutive days if the carrier does not operate all days of the week, or 70 hours in eight consecutive days if the carrier does operate seven days a week.
These limitations do not apply uniformly to all commercial vehicles. For example, short-haul carriers may be exempt from certain logging and break requirements, and passenger-transporting carriers are subject to different time limits. Prior to determining whether the relevant regulatory provision was violated by the particular truck/carrier/operator/cargo/route/trip combination involved in the accident, identification of each should be accomplished.
Evidence Indicative of Driver Fatigue
Fatigue is rarely demonstrated by a single item of evidence. Rather, patterns of reduced alertness are often demonstrated by the circumstances surrounding the collision. Examples of such circumstances include: drifting from your lane of travel; traveling at full speed towards stopped traffic; failing to see obvious traffic signals; and failure to steer properly around curves.
Eyewitness accounts and statements obtained from investigators may also provide insight into possible fatigue-related behavior including yawning, appearing confused, speaking very slowly, responding slowly to questions/stimuli, and making reference to their schedules. All evidence related to both physical conditions and electronic data should be reviewed collectively.
Who May Be Responsible for an Exhausted Driver’s Crash?
The Truck Driver
A truck driver may be responsible for beginning or continuing a trip despite feeling too tired to operate safely. The driver may also be responsible for exceeding applicable limits, entering inaccurate duty information, or ignoring a safe opportunity to stop and rest.
If a large truck driver initiated or continued traveling while too fatigued to operate safely, he/she/it may bear responsibility for causing an accident. Similarly, if a large truck driver exceeded applicable limits established pursuant to federal regulations regarding maximum hours allowed to be driven per day (i.e., 49 CFR Section 395.3); entered false duty information in his/her/its logbook; refused a safe opportunity to cease operations and rest; then he/she/it may also bear responsibility for causing an accident due to their actions.
The Motor Carrier
A motor carrier may also bear responsibility for causing an accident due to driver fatigue if it ordered or permitted an employee to operate a large truck while fatigued. Factors indicating that a motor carrier bore responsibility for ordering employees to continue driving while fatigued include: establishing unreasonable deadlines; ignoring warnings from others that employees are becoming increasingly fatigued; repeatedly allowing drivers to exceed hourly limits established under federal regulations; maintaining false logbooks; pressuring employees to continue operating trucks rather than stopping to rest.
Merely labeling a large truck driver as an owner-operator or independent contractor does not resolve whether that driver bears responsibility for causing an accident due to fatigue. Documentation such as lease agreements; dispatch records; federal filings; and documentation establishing who controls trips taken by the driver will assist in resolving issues related to responsibility.
Requesting a delivery from a shipper/broker/business does not automatically entitle the requesting party to recover damages based upon negligence for the acts/commissions/inactions of a truck driver who caused an accident resulting in injury/death. Each shipper/broker/business requesting deliveries must examine its actions and control over schedules.
Evidence That May Support Driver Fatigue Claims
The electronic logging device (ELD) is a key component of this type of investigation; however, the ELD alone cannot prove a driver was fatigued. The log indicates the recorded duty status of the driver; however, there is no indication whether the driver actually got enough rest or if all entries were correct.
Possible supportive evidence may include:
- Electronic logs showing the edit history, annotation, missing driving time, and login times.
- Dispatch instructions, delivery schedules, routing plans, bill-of-lading, trip records, pay sheet/and/or settlement documentation.
- Company messaging, GPS history, toll receipts, fuel receipts, meal receipts, gate records and/or lodging information.
- Dash cam video, video surveillance taken near the crash site, engine data, brake performance information, and/or collision warning system data.
- Driver’s work for other motor carriers, driver’s last several weeks’ duty history, driver training documents, and/or past review of the driver’s safety performance.
- Collision report, emergency service call audio/video tapes, photos of accident scene, witness statements and/or physical evidence from accident scene.
Federal regulations specify certain types of trip documentation, dispatch documentation, expense receipts, electronic communication among fleet vehicles/companies, and payroll documentation as acceptable evidence to validate a driver’s documented duty status. Federal regulations also prohibit any falsification or intentional tampering with an ELD.
Generally, covered motor carriers must maintain all required duty records and related documents for at least 6 months. Depending upon the storage methods utilized by companies, video, phone, or vehicle data may not remain accessible after such a short time frame. By issuing a timely preservation notification document(s), companies can protect potentially damaging material which would otherwise be deleted or destroyed.
Common Disputes in Fatigue Claims
Either party involved in a fatigue-related personal injury claim can make various arguments. For example, the driver may assert they were feeling just fine at the time of the accident and therefore could not have been tired, and the carrier could point to a log that appears to be compliant. The log itself should be evaluated and compared objectively with the other various information available, such as dispatch communications, GPS, receipts, etc.Â
On the other hand, the motor carrier may assert that there was no direct visual evidence that the driver was sleeping. While direct evidence is very persuasive, it is not always necessary. Together with the scheduling demands placed on the driver, a combination of factors including erratic speeds, failure to brake properly prior to stopping and/or failure to stay within their assigned lane may demonstrate a pattern indicating the driver was fatigued.
In another common area of debate regarding fatigue-related claims, it often relates to the actions of the injured person. In many cases, an insurance provider will contend that either the injured person caused his/her own injuries through improper operation of their vehicle or that they failed to avoid a collision with the commercial vehicle. South Carolina utilizes a “modified comparative negligence” rule. Therefore, if an injured person brings a valid negligence claim against a defendant (such as a motor carrier), but was also found negligent, then the injured person may recover damages provided that the injured person’s degree of negligence does not exceed that attributed to the defendant. If the injured person’s negligence exceeds that attributable to the defendant (e.g., over 51%), then their recovery will be limited by their percentage of fault.
Damages Recoverable When Caused by Fatigued Truck Drivers
Personal injury claims brought against fatigued truck drivers may seek reimbursement for costs associated with medical treatments/rehabilitation and/or lost wages. Additionally, lost earning capacity; damage to the injured person’s automobile; physical pain; emotional distress; scarring/disfigurement; disability; and loss of enjoyment of life due to injuries sustained in the crash may be sought. The amount of damages allowed will depend on the extent and permanency of the injuries sustained by the injured person; how long those injuries are expected to last; what impact they will likely have on future employment opportunities; and what type of evidence supports those claims.
To ensure proper payment for future expenses incurred as a result of the injuries sustained in a fatigued truck driver crash, it is essential that you obtain credible medical opinions regarding future treatment requirements. Likewise, you should provide reliable financial data regarding your current/potential lost income in order to establish entitlement to payments for future lost earnings potential. Settlements reached without sufficient knowledge of these factors can frequently leave subsequent medical or wage replacement expenses unresolved.
Punitive damages are not automatically available merely because a truck driver exceeded hours allowed under hours rules. Under South Carolina law, punitive damages may only be awarded where there exists clear and convincing evidence that the injury resulted from a defendant’s willful/wanton/reckless behavior. Evidence demonstrating that a motor carrier intentionally dispatched an obviously fatigued driver onto the roadway may be pertinent; however, each case is determined based on specific facts.
What To Do Immediately Following a Potential Fatigued Truck Crash
- Call 911 and seek medical attention for yourself and anyone else who may have been injured in the incident. Certain serious injuries may not exhibit noticeable symptoms immediately after an incident.
- Document visible elements of the scene using a digital camera as possible (vehicles involved in collision, tire tracks leading up to collision site, cargo loaded into trailer/truck, company names on side panels/unit numbers/license plates/United States Department of Transportation number).
- Obtain contact information for all individuals who witnessed the accident. Document any comments made by the driver concerning his/her sleep patterns/hours worked/route/delivery schedule.
- Keep copies of all photographs/videos/documentations taken during accident investigation. Also keep all documentation relating to your medical treatment/receipts for repairs to damaged property/communications with insurance providers. Avoid making assumptions regarding liability or Fatigue status of the driver involved in the accident.
- Once available, request a copy of the official police report documenting details of your accident. The South Carolina Department of Motor Vehicles provides an online collision report request process.
- Consider consulting an attorney prior to providing any sworn testimony/or granting permission to release all medical records. Both parties (the trucking company and its insurers) typically start investigating immediately following an accident.
Hurt in an Accident? Hire Maguire
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There are generally three (3) years permitted under South Carolina law for bringing suit for any cause of action arising out of injury to any person. Such time limitation begins running when the person knows or had reason to know a cause of action existed.
There are exceptions which vary such time limitation. For example, under South Carolina’s Tort Claims Act, unless you file a qualified verified claim within one (1) year after occurrence of the alleged tortious act, then such action is forever barred.
While preserving evidence and filing a complaint are separate issues, waiting until shortly before expiration of the three (3) year limitations period can leave little corporate data or video documentation remaining for review purposes. The actual filing deadline and necessary evidence collection efforts should be evaluated far earlier than such three-year timeframe.
How a Myrtle Beach Fatigued Truck Driver Accident Lawyer Can Help
A lawyer may identify who was operating in the area of your accident; send “preservation” notices to those entities; determine whether there are independent ways to measure the time (e.g., using cell phone towers); gather evidence by way of discovery; and analyze any exceptions that may have existed. In addition, a lawyer can document all of the economic/medical/personal impacts suffered as a result of the accident by the victim.Â
Legal assistance may be particularly important when the carrier disputes that the driver was fatigued; when they attempt to shift responsibility for the accident from themselves onto the victim; or when they control much of the physical evidence related to the accident. It is always good to keep an open mind as to what the records may ultimately reveal about the accident. They could establish that the driver was fatigued; identify some other safety concern that led to the accident; or demonstrate that multiple factors combined to create the accident.
Talk With Maguire Law Firm About the Crash
A Myrtle Beach fatigued truck driver accident attorney at Maguire Law Firm can review your situation, explain the next steps you need to take, and determine what types of evidence may be remaining to support your case. Please call us today or submit an inquiry through our website to receive a confidential complimentary consultation regarding your potential case.
Clients are responsible for costs in addition to attorney fees. Contingent fee percentages are calculated before costs are deducted. Every case is different, and past results do not guarantee a similar result or outcome.
