If a truck accident has left you in pain and seeking justice, you likely have more questions than answers. It may be incomprehensible how a truck driver who knows the potential harm his or her vehicle can cause could lose control and cause a serious accident. However, the answer may lie in a simple piece of evidence — the trucker’s logbook.
A trucker’s logbook, in either paper or electronic format, is a crucial document in many truck accident cases, as it helps prove whether the trucker was driving legally at the time of the accident. With the aid of a truck accident attorney, you may be able to use the trucker’s logbook to fight for the compensation you deserve.
The experienced truck accident lawyers at Hauptman, O’Brien, Wolf & Lathrop, LLC, are ready to investigate your case and build a strong case for justice. We serve clients throughout Nebraska and Iowa. Schedule a free case strategy session today by calling (402) 241-5020 or by contacting us online to schedule a call back.
What Is a Truck Driver’s Logbook?
A trucker’s logbook, also known as a Record of Duty Status (RODS), is required by the Federal Motor Carrier Safety Administration (FMCSA). It records:
- Hours spent driving
- Periods on duty but not driving
- Off-duty and sleeper-berth sessions
- Daily mileage, dates, and carrier identification
Logging Requirements
Every time a driver’s duty status changes, it must be logged. The FMCSA now requires most commercial drivers to use electronic logging devices (ELDs). Paper logs are only permitted when an ELD malfunctions.
This means that, at the time of the accident, the trucker’s logbook should have been up to date. If a truck driver fails to complete or keep the log, or attempts to falsify it, the driver and/or the trucking company could be prosecuted. So the trucker’s log is a crucial legal document and, as such, could form a major part of your case for compensation.
Inspection Reports
Truck drivers are required to inspect their trucks each day. These inspections must be logged, along with any malfunctions spotted or repairs required. Depending on the nature of the problems identified, the trucker may be required to pull the truck in for repairs before driving it.
If the trucker’s logbook shows that he or she knew about problems with the vehicle and drove it anyway, this could be evidence of negligence that your truck accident attorney can use to strengthen your case.
The Purpose of the Hours of Service (HOS) Regulations
Truck drivers operate the largest and heaviest vehicles on the road. It is crucial that they are mentally sharp at all times while behind the wheel. However, fatigue remains a significant safety concern for commercial drivers. According to 2024 guidance from the National Institute for Occupational Safety and Health (NIOSH), long-haul truck drivers face demanding conditions that include long hours, irregular work and rest schedules, and fatigue. NIOSH also identifies driver fatigue as a major workplace safety risk, noting that fatigue can slow reaction times, impair decision-making, cause drivers to drift from their lanes, and contribute to microsleeps behind the wheel.
The stated purpose of the FMCSA’s Hours of Service (HOS) regulation is to “help ensure that drivers stay awake and alert.” Therefore, if the truck driver who caused your accident was found to have violated HOS regulations at the time of the accident, your truck accident lawyer may be able to build a strong case for negligence.
Understanding Hours of Service Regulations
Federal Hours of Service regulations limit the number of hours truck drivers can drive or be on duty before they must take a break. For property-carrying drivers subject to the standard federal rules, some of the key requirements include:
- Maximum of 11 hours driving, following 10 consecutive hours off duty
- Cannot drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty
- Must take a 30-minute break after 8 cumulative hours of driving without at least a 30-minute interruption
- Cannot drive after 60/70 hours on duty in any 7/8 consecutive day period
- Can restart a 7/8-day period after a minimum of 34 consecutive hours off duty
There are exceptions to these rules, such as the short-haul exception, the adverse driving conditions exception, and the sleeper berth provision.
An experienced truck accident attorney will take all applicable HOS regulations into account when reviewing the trucker’s logbook after an accident. If your lawyer finds evidence of HOS violations, those records could help demonstrate that excessive driving time or inadequate rest contributed to the accident.
HOS Exceptions in Nebraska and Iowa
The standard federal limits do not apply in exactly the same way to every truck driver operating in Nebraska or Iowa. Interstate drivers are generally subject to federal HOS regulations, while certain intrastate operations may qualify for different limits or exemptions under state law.
In Nebraska, state law provides different HOS limits for certain intrastate drivers and exceptions for some agricultural transportation. In Iowa, Iowa Code § 321.449 provides HOS exemptions for certain intrastate commercial vehicle operations. For example, qualifying intrastate private carriers and for-hire carriers transporting construction materials may operate under 12-hour driving and 16-hour on-duty limits. Determining which rules apply therefore depends on factors such as whether the trip involved interstate or intrastate commerce, the type of carrier, the vehicle, and the cargo being transported.
Common HOS Violations and Their Impact
Truck drivers may face pressure to complete deliveries in unrealistic timescales or complete long routes after spending hours stuck in traffic. This could lead to breaching the HOS regulations in the following ways, with tragic consequences:
- Driving for more than 11 hours: If a trucker drives too long and doesn’t take a break, he or she may become less attentive and unable to react quickly to changing road conditions.
- Driving beyond the 14-hour window: Slow loading and unloading could tempt a driver to push on past the 14-hour mark. However, fatigue may set in, potentially causing drowsiness, microsleeps, and poor decision-making behind the wheel.
- Not taking required breaks: Breaks give truckers a chance to reset and focus for the journey ahead. Powering through may seem like the best use of time, but it can impair concentration, potentially leading to serious errors.
The trucker’s logbook does not prove the truck driver was drowsy at the time of the accident. However, it can work in conjunction with other evidence to build a clear picture of what happened in the cab in the moments leading up to your accident.
Falsified Truck Driver Logs
Unfortunately, truckers at times succumb to pressure to falsify their logbooks. While they could face stiff civil penalties from the FMCSA of up to $15,846 per violation, the impact on other road users can be even more devastating.
When motor carriers or drivers manipulate safety records to bypass federal rules, the financial liability scales depending on how the violation is charged:
| Violation Type | Current Maximum Penalty | Enforcement Unit |
| Knowing Falsification of Records | $15,846 | Per violation |
| General Recordkeeping Violations | $1,584 per day (capped at $15,846) | Per day/per violation |
| Hours-of-Service (HOS) Non-Recordkeeping | $19,246 (Carriers) / $4,812 (Drivers) | Per occurrence |
Ultimately, these regulatory fines pale in comparison to the tragic human toll of fatigue-induced highway accidents.
As your truck accident lawyer investigates your case, he or she may begin to suspect that the truck driver falsified the logbook. This is difficult, but not always impossible, to prove. Other possible sources of evidence to prove whether the truck driver accurately logged his or her working times include GPS data, black box data, and fuel receipts.
It is crucial to act fast after a truck accident to ensure this vital evidence is preserved. The FMCSA only requires trucking companies to retain driver logs for 6 months, after which they can destroy them. Talk to a truck accident lawyer as soon as you can to pursue justice before these vital records get destroyed.
Building a Strong Case for Liability
If the trucker’s logbook shows he or she worked too many hours, didn’t take enough breaks, or drove the truck knowing it was damaged, this can pin liability on the driver. However, the logbook is just one source of evidence. An experienced trucking accident lawyer will use multiple types of evidence to build a clear picture of who caused the crash.
This evidence may include:
- Witness statements
- Video footage from security cameras or dashcams
- Police reports
- Photos from the accident scene
In serious cases, truck accident lawyers may also work with accident reconstruction experts. As truck accidents often result in catastrophic injuries that warrant substantial compensation, the testimonies of these experts can provide solid evidence of who was at fault. This can allow a truck accident lawyer to pursue fair compensation to help you rebuild your life.
The Devastating Impact of Truck Driver Negligence
A moment’s inattention from a truck driver can prove life-changing for another motorist or pedestrian. Sadly, fatigue remains a serious safety concern for commercial drivers. According to the National Institute for Occupational Safety and Health (NIOSH), fatigue can cause drivers to react more slowly, make poor decisions, drift from their lanes, and experience microsleeps. The Federal Motor Carrier Safety Administration (FMCSA) also warns that inadequate sleep and extended work hours can contribute to commercial driver fatigue and impair reaction time, attention, awareness, and judgment.
Common Truck Accident Injuries
Both driving while fatigued and driving a truck in need of repairs can cause accidents that affect multiple vehicles and can lead to the following devastating injuries:
- Fatalities
- Traumatic brain injuries
- Whiplash
- Internal injuries
- Spinal cord injuries
- Lacerations
- Burns
- Broken bones
All of these serious injuries can have long-lasting consequences for truck accident victims and their families. If you have lost a loved one or been injured in a truck accident caused by a trucker’s negligent behavior, you could be entitled to compensation to help you get your life back on track.
Truck Accident Compensation
The truck accident lawyers at Hauptman, O’Brien, Wolf & Lathrop, LLC, understand how truck accidents can impact every aspect of your life. From the painful physical injuries to the traumatic emotional and mental consequences, our compassionate team of attorneys is here to fight for justice in the form of fair compensation.
This may include the following economic damages:
- Lost wages
- Medical expenses, both past and future
- Property damage
You may also be entitled to non-economic damages, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
Truck accident attorneys will leave no stone unturned as they investigate your case and gather evidence to prove the extent of your suffering. They can use this evidence, along with proof of liability, to fight hard in negotiations with the insurance company for a fair settlement. Our trial lawyers are not afraid to file a lawsuit against the negligent party and face him or her in court if it is not possible to agree on a reasonable settlement.
Choose a Law Firm Committed to Safeguarding Your Future
A truck accident can change your life in an instant, yet the road to justice can seem to stretch on for miles. However, if you entrust your case to Hauptman, O’Brien, Wolf & Lathrop, LLC, you’ll start to see things differently.
Our legal team has 268 years of combined legal experience ready to be put to work in fighting your case. We understand how to analyze evidence, including truckers’ logbooks, to build strong cases for liability and fair compensation. We are proud to defend your rights and are committed to doing everything possible to safeguard your future. We serve Nebraska through our offices in Omaha, South Omaha, and Bellevue, as well as Iowa, through our offices in Council Bluffs and Sioux City.
Discover the difference a Hauptman, O’Brien, Wolf & Lathrop, LLC, truck accident lawyer could make to your case today. Call us 24/7 at (402) 241-5020 for a free case review or complete our online contact form to schedule a call back very soon.
