
By Robert V. Phillips, Managing Partner, McGowan, Hood, Felder & Phillips, LLC · South Carolina | Last reviewed: October 2026
Trucks move most of the freight in the United States, and Interstates 26, 85 and 95 carry a heavy share of it through South Carolina. For years the trucking industry has warned that it cannot hire enough qualified drivers. Whether or not “shortage” is the right word, the pressures behind it, including tight delivery schedules, high turnover and newer drivers behind the wheel, show up in the evidence after serious truck crashes.
In brief: Staffing pressure can lead carriers to push hours-of-service limits, cut training and overlook poor driving records. Federal rules set minimum standards for each of these, and a carrier that ignores them can be held responsible along with its driver. After a crash, the electronic logs, driver files and dispatch records that prove those failures must be preserved quickly.
Is There Really a Driver Shortage?
The American Trucking Associations has reported a shortage for years, putting it at roughly 78,000 drivers in 2022 and projecting that it could exceed 160,000 by 2031 as older drivers retire. Not everyone agrees with that framing. A study by the National Academies of Sciences, Engineering, and Medicine, sponsored by the Federal Motor Carrier Safety Administration, questioned ATA’s methods and concluded the bigger problem is retention: large truckload carriers have long reported annual driver turnover near 90 percent, driven by pay and working conditions.
For safety purposes the distinction matters less than it seems. A shortage of drivers and a constant churn of drivers produce similar risks: experienced drivers are stretched thin, new hires are put on the road quickly, and schedules are built around the drivers a carrier has rather than the drivers it needs.
Where the Safety Risks Come From
Fatigue and Hours-of-Service Pressure
Federal hours-of-service rules limit property-carrying drivers to 11 hours of driving after 10 consecutive hours off duty, prohibit driving after the 14th hour on duty, require a 30-minute break after 8 hours of driving, and cap weekly on-duty time at 60 or 70 hours. These are maximums, not targets. When a carrier is short on drivers, dispatchers may plan routes that only work if a driver uses every available hour, leaving no room for traffic, weather or rest. Since electronic logging devices became mandatory, outright log falsification is harder, but drivers can still be pressured to drive fatigued within the legal limits or to log time inaccurately.
Training and Experience Gaps
Since February 2022, new commercial driver’s license applicants must complete federally required entry-level driver training before taking the skills test. That rule sets a floor, not a guarantee of competence. A driver with a new CDL may never have handled a loaded trailer in heavy rain, on a steep grade or in dense urban traffic. Carriers that put new drivers on demanding routes without additional training or supervision increase the risk of misjudged stopping distances, wide-turn collisions and rollovers.
Hiring and Supervision Shortcuts
Federal regulations require carriers to keep a qualification file for each driver, check driving records, contact previous employers, verify medical certification and query the Drug and Alcohol Clearinghouse before hiring. A carrier in a hurry may skip or delay those steps, keep a driver with repeated violations, or fail to review records annually. Overloading is another shortcut: federal law generally caps gross vehicle weight at 80,000 pounds on the Interstate system, and heavier trucks take longer to stop and are harder to control.
Why These Crashes Are So Serious
Large trucks can weigh 20 to 30 times as much as a passenger car. According to the Insurance Institute for Highway Safety, 5,478 people died in crashes involving large trucks in 2023, and 62 percent of them were occupants of passenger vehicles. Motorcyclists, cyclists and pedestrians face even greater risk. Injuries commonly include traumatic brain injury, spinal cord damage and multiple fractures, often with lifelong consequences. This overview of the major causes of truck accidents covers other common factors, such as improper loading and equipment failure.
Who Can Be Held Responsible
Truck crash claims often involve more than one defendant:
- The driver, for speeding, fatigue, distraction or other unsafe driving.
- The motor carrier, which is generally responsible for its employee driver’s conduct on the job and can be directly liable for negligent hiring, training, supervision or scheduling.
- Freight brokers or shippers, in some cases, for selecting an unsafe carrier or loading cargo improperly. Broker liability is a contested and evolving area of law.
- Maintenance providers or manufacturers, when brakes, tires or other equipment failed.
Showing that a carrier’s staffing choices contributed to a crash usually depends on its own records, which is why the next step matters.
Evidence That Disappears Quickly
Federal rules require carriers to keep hours-of-service records for only six months, and some electronic data, such as engine control module and dashcam footage, can be overwritten much sooner. Lawyers typically send a preservation letter right away demanding that the carrier keep:
- Electronic logging device data and supporting documents such as fuel and toll receipts.
- Engine control module and telematics data showing speed, braking and hard-stop events.
- The driver qualification file, training records and Clearinghouse queries.
- Dispatch communications, delivery deadlines and route plans.
- Inspection and maintenance records for the truck and trailer.
This guide to using technology to prove a truck accident claim explains how telematics and onboard data are used as evidence.
A Multi-Truck Pileup From Practice
McGowan, Hood, Felder & Phillips reports in its case results a $1.7 million settlement for a driver and passenger injured in an interstate pileup involving 18-wheelers in Anderson County. Both required multiple surgeries. The case settled on the eve of trial. Pileups like this one often turn on reconstructing the sequence of impacts and each truck driver’s speed and following distance, which is where electronic vehicle data becomes decisive.
Past results do not guarantee a similar outcome. Every case depends on its own facts.
South Carolina Rules to Know
Under South Carolina law, most personal injury and wrongful death claims must be filed within three years. South Carolina uses modified comparative negligence: an injured person can recover damages reduced by their share of fault, as long as they were not more than 50 percent at fault. Claims against government entities, such as a crash involving a state or municipal truck, have different notice requirements and damage caps. Talking with a South Carolina truck accident attorney early can help identify every responsible party and secure carrier records before they are lost.
Driver shortages and turnover are an industry problem, but the consequences fall on ordinary people on the road. When a carrier’s staffing decisions contribute to a crash, the law gives injured people a way to hold that carrier responsible, provided the evidence is secured in time.
Authorities & Sources
- FMCSA: Summary of Hours of Service Regulations
- IIHS: Fatality Facts 2023, Large Trucks
- American Trucking Associations: Labor and Workforce Development
- FreightWaves: National Academies study disputes driver shortage claims
- Nolo: South Carolina personal injury laws and deadlines
Disclaimer
This article provides general information about trucking safety and truck accident claims in South Carolina. It is not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its specific facts. Consult a licensed South Carolina attorney about your situation.