How Federal Hours of Service Violations Strengthen a Greenville Truck Accident Case
When a tractor-trailer crashes into your life, the questions come fast. Why did this happen? Was it preventable? Greenville truck accident lawyers at Snyder Heitman LLC hear these questions every week, and one answer comes up more often than people expect: the driver was too tired to be on the road. Federal rules exist to prevent exactly that, and when a trucker or a trucking company ignores them, it can change the direction of a claim.
What the Hours of Service Rules Require
The Federal Motor Carrier Safety Administration limits how long commercial truckers can drive before they must rest. Under 49 C.F.R. § 395.3, a driver hauling cargo generally faces these limits:
- No more than 11 hours of driving after 10 consecutive hours off duty.
- No driving after the 14th hour of coming on duty.
- A 30-minute break once 8 hours of driving have passed.
- A weekly cap of 60 hours in 7 days, or 70 hours in 8 days, depending on the company’s schedule.
These are not suggestions. They are safety rules built around a simple truth: an exhausted person behind the wheel of an 80,000-pound vehicle is a danger to everyone nearby.
Why a Violation Matters So Much
Proving that someone was careless can be hard. Proving that they broke a written federal safety rule is often more straightforward. A violation can show that the driver, and sometimes the company, failed to act with reasonable care.
That matters because insurance companies and trucking companies often work hard to shift blame onto the injured person. A documented hours of service violation gives your side something concrete to point to. It can support your claim that the crash was not bad luck. It was a foreseeable result of choices that put speed and deadlines ahead of safety.
It can also reach beyond the driver. Some companies pressure drivers to keep moving, or look the other way when logs do not add up. When that happens, the company itself may share responsibility.
Where the Proof Comes From
Federal rules require most interstate truck drivers to record their hours with an electronic logging device, though some exemptions apply. We can look for evidence such as:
- Electronic logging device data
- Dispatch records and delivery schedules
- Fuel, toll, and weigh station receipts
- Payroll and trip records
- Cell phone data and any in-cab camera footage
This information can disappear. Companies are not required to keep everything forever, so acting early is important. A preservation letter sent quickly can help protect records that might otherwise be lost.
You Do Not Have to Sort This Out Alone
If you are recovering from a serious crash, the last thing you need is to chase down logbooks and argue with adjusters. You are not a claim number to us. You are a neighbor who has been through something frightening, and we would like to take the paperwork off your shoulders so you can focus on healing.
If you have questions about what happened to you, we are glad to listen, even if you are not sure you want to take any action yet. Our Greenville truck accident attorneys at Snyder Heitman LLC help people in Greenville, Spartanburg, and throughout Upstate South Carolina, and a conversation with us costs you nothing.
Source:
law.cornell.edu/cfr/text/49/395.3