All it takes is a split second for any one of us to divert our attention from the road and cause an accident. Unfortunately, when this happens to commercial truck drivers due to driver fatigue it can have catastrophic results. The Federal Motor Carrier Safety Administration (FMCSA) has promulgated regulations for tractor-trailer divers to help curb accidents due to overworked and tired drivers. The FMCSA regulations mandate that a driver of a commercial motor vehicle, such as a semi-truck, tractor-trailer, or 14-wheeler must comply with certain rules and regulations to operate their vehicle legally to minimize truck accidents.
A commercial motor vehicle would be one that is “used as part of a business and is involved in interstate commerce” and fits any of the descriptions mentioned below:
- Weighs 10,001 pounds or more.
- Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more.
- Is designed or used to transport 16 or more passengers (including the driver) not for compensation.
- Is designed or used to transport 9 or more passengers (including the driver) for compensation.
- Is transporting hazardous materials in a quantity requiring placards.
[Source: FMCSA]
What most people do not know is that this definition also includes private business owners where vehicles are used to tow backhoes, bull dozers, skid-steer loaders and other heavy equipment when their work requires them to travel across state lines. This would also implicate small car haulers, dump trucks and other businesses that operate between two states and the weight of the vehicles exceeds 10,000 lbs, which is not a very high threshold.
One of the rules commercial truck drivers must comply with are the hours of service regulations. Hours of service regulations stipulate the maximum number of hours these types of drivers can be behind the wheel to ensure they aren’t driving for too long and become a risk to themselves and others on the roadway. As we have all seen from news reports and other sources, these heavy vehicles have the potential to cause massive property damage and loss of life, so the FMCSA has promulgated these rules to ensure that the public is kept safe. A trucker that is responsible for transporting property is subjected to the following hours of service rules:
- Truck drivers are limited to driving a total of 11 hours after spending 10 consecutive hours off duty.
- Truck drivers may work a total of 14 hours, however, of those 14 hours, 11 can be spent driving and mentioned above.
- A truck driver may only drive if eight hours or less have passed since the end of the driver’s last off-duty or sleeper birth period that lasted at least 30 minutes.
- A truck operator may not drive after having been on duty for 60 hours in seven consecutive days. A truck driver who works eight consecutive days may not go over the 70-hour mark.
With over 25 years of legal experience, Paul Hammack provides his clients with a level of trial expertise and strategic insight rarely found in personal injury litigation. Having spent the first eight years of his career working within major insurance defense firms across Georgia and South Carolina, Paul gained an intimate understanding of the “other side’s” playbook. This insurance industry background serves as a unique differentiator for his clients; he knows exactly how insurance carriers evaluate risk and what motivates them to pay top dollar for a claim.
In 2008, Paul founded Hammack Law Firm to move away from the “plaintiff mill” model and focus on building personal relationships with those he represents. As a seasoned litigator, he has tried dozens of first-chair cases to verdict, specializing in high-stakes litigation involving catastrophic injuries and complex truck accidents. His dual-state practice allows him to provide aggressive representation across both South Carolina and Georgia, ensuring victims of negligence receive the maximum financial compensation possible regardless of which side of the state line the accident occurred.
Paul’s commitment to excellence is reflected in his record of significant achievements, including a $10 million tractor-trailer wrongful death settlement and a $3.9 million moped-versus-truck recovery. His credentials and bar admissions in both South Carolina and Georgia underscore his deep roots in the regional legal community. Beyond the courtroom, Paul is a dedicated advocate for his local community, contributing his time and resources to organizations such as the United Way, Red Cross, and Hands On Greenville, all while working to make South Carolina a safer place for everyone.
