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. 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, research cited by the National Transportation Safety Board (NTSB) stated that truck driver fatigue likely contributes to between “30 and 40 percent of all heavy truck accidents.”
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. Some of the key requirements include:
- Maximum of 11 hours driving, following 10 hours off duty
- Maximum of 14 hours on duty, after 10 hours off duty
- Must take a break of 30 minutes after driving for 8 hours
- Cannot drive more than 60/70 hours in any 7/8 day period
- Cannot restart a 7/8 day period until a minimum of 34 hours off duty have been completed
There are exceptions to these rules, such as the short-haul exception, the adverse driving conditions requirements, and the sleeper berth provision.
An experienced truck accident attorney will take all HOS regulations into account when reviewing the trucker’s logbook after an accident. If your lawyer finds evidence of HOS violations, they could demonstrate that the truck driver was fatigued when the accident happened.
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 will become less attentive and unable to react quickly to changing road conditions.
- Being on duty for more than 14 hours: Slow loading and unloading could tempt a driver to push on past the 14-hour mark. However, fatigue is bound to 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’s the worst thing for 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 penalties for this from the FMCSA of up to $15,445, the impact on other road users can be even more devastating.
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 is a serious problem among truck drivers. According to government research, 65 percent of truck drivers reported feeling drowsy “often or sometimes.” One third said they were fatigued more than half the time.
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 298 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 office in Council Bluffs.
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.
Upfront and the most professional people to work with that will help you. Answered all questions clearly and communication is on point. They have helped out with several cases. Would highly recommend choosing them as your representation.