When a truck driver causes an accident, the contents of their logbook are among the most crucial pieces of evidence in the resulting injury claim(s). A driver’s logbook contains essential information about their employer, how long they’ve been on the road, and other vital details that could assist in determining liability.
If you suffered injuries in a truck accident, it’s important to understand logbook regulations and how the driver’s logbook could impact your claim. Contact Silkman Law Firm Injury & Accident Lawyer today for a free case evaluation and to learn more about how our experienced truck accident lawyers can use the driver’s logbook to prove negligence and seek the compensation you deserve for your injuries.
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Understanding Logbook Regulations
Truck drivers’ logbooks must comply with electronic lawbook rules and regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA). FMCSA logbook regulations mandate that commercial drivers keep a record of the following information in their truck’s cab:
- The Carrier’s Information – The logbook must contain the names of all carriers the driver worked for in the past 24 hours and shipping documentation verifying the type of load the truck is carrying. Attorneys can use this information to identify liable shipping companies after a truck accident.
- The Date – The logbook must contain the date alongside any information so investigators and attorneys can determine which entries apply to which date.
- Miles Driven in the Past 24 Hours – The logbook must track all the miles driven in the past 24 hours. Investigators and attorneys can compare this information with the driver’s reported work and rest times to determine if there are any discrepancies.
- Work and Rest Times in the Past 24 Hours – One of the most critical parts of the FMCSA regulations for truck drivers is the hours of service (HOS) rule. According to this rule, truck drivers can only be on the road for a set amount of time before they must take a break. Investigators and attorneys can check the logbook to see if the driver violated the HOS rule by not taking enough off duty time.
- The Names of Co-Drivers – If a truck has more than one driver, the logbook must record their names and when each was on duty.
Types of Logbook Violations
A few types of logbook violations could play a role in your truck accident injury case. The most common types of violations are:
- Not Carrying a Logbook – If a truck driver doesn’t have a logbook in their truck, a jury may not look favorably on the driver as a witness. Additionally, the driver would not be able to point to their logbook as proof that they were following the strict regulations truck drivers must abide by. If the driver didn’t have a logbook, that could encourage the insurance company to offer a fair settlement rather than going through a lengthy and costly litigation process already stacked against them.
- Not Keeping a Logbook Up to Date – A logbook that isn’t up to date could harm the driver’s defense in ways similar to not having a logbook at all.
- Falsifying Logbook Entries – If the driver made false logbook entries, it could cast doubt on their credibility as a witness and demonstrate that they knew what they were doing was wrong. Proving intent in this way can be powerful evidence in your case and even show that the driver’s actions extended beyond negligence.
- Logbook Entries Demonstrating Hours Violations – Sometimes, logbooks accurately detail a driver’s hours of service violations. If this is the case, your lawyer can use it as substantial evidence that the driver acted negligently.
Why Do Truck Drivers Violate Regulations?
If violating logbook regulations can put a truck driver in a bad legal situation, why do drivers do it? A few of the most common reasons for violating the basic rules are:
- They Were Careless – Careless truck drivers may forget their logbooks, fail to update them on time, or make mistakes when updating them.
- They Were in a Hurry – Many truck drivers who are in a hurry may forget to update their logbooks or make mistakes when doing so. Often, they’re in a hurry because they have strict quotas to meet from their employer. The company could be liable for any resulting injuries if the driver’s employer is why they violated logbook regulations.
- They Were Attempting to Hide Other Violations – If a truck driver commits other violations, such as driving longer than the hours of service rule allows, they may attempt to cover up their violations by falsifying their logbook records.
- Their Employer Pressured Them – In some cases, an employer may pressure a commercial vehicle driver to falsify records so they can spend more time on the road.
How Logbook Violations Affect Liability in Truck Accidents
Logbook violations can affect liability in truck accidents by making it easier to identify when negligence happens and what parties are responsible for it. For example, a logbook could prove that the driver, their employer, or both contributed to the negligence that resulted in your injuries. Some of the ways a logbook does this are:
- Truck Driver Negligence – Logbooks record a truck driver’s actions, which can serve as proof of negligence. If the logbook shows that the driver was on the road longer than they should have been, your attorney can use this as evidence that they were negligent by continuing to drive despite it being against federal law.
- Trucking Company Negligence – Discrepancies in a logbook can also point to a driver’s employer engaging in negligence. Trucking companies sometimes pressure drivers to engage in unsafe practices, such as speeding or driving for too long without a break. If the trucking company was negligent, that could significantly increase the compensation you could receive through your injury claim.
Consequences for Drivers and Companies
The federal and state governments take trucking regulations very seriously because violations can result in severe injury or death for other motorists and pedestrians. Drivers and companies who violate logbook regulations can face significant penalties, including:
- CDL Revocation – A driver who commits a logbook violation could have their commercial driver’s license (CDL) suspended or revoked depending on the circumstances of the violation. For example, failing to update a logbook may result in a suspension, while falsifying logbook records may result in a complete revocation. Without a CDL, an individual cannot work as a commercial truck driver.
- Fines – Drivers and trucking companies can face fines for each logbook violation. These fines are criminal penalties separate from the compensation they may be liable for if their actions resulted in injury or death.
- Jail Time – Depending on the seriousness of their violations, drivers and trucking company managers could face jail time.
- Civil Liability – Logbook violations open drivers and trucking companies up to civil liability when their actions harm others.
Preventing Logbook Violations
There are a few simple ways to enforce logbook rules and regulations for truck drivers that don’t rely on the driver’s good faith efforts. Some of the most effective ways of preventing logbook violations include:
- Maintaining Electronic Logbooks – Electronic logbooks can automatically track certain information, such as the date, miles driven, and hours behind the wheel, and enforce rules and regulations by warning drivers when they exceed hours of service limits. With a computer tracking this information automatically, there’s no room for human errors or intentional falsification of records. If a trucking company still relies on manual logging instead of electronic logging devices, your attorney could argue that it’s a form of negligence as it allows for the possibility of violations that put other motorists in danger.
- Reducing Pressure on Drivers from Their Employers – In many cases, direct and indirect pressure from employers leads to logbook violations. An example of direct pressure from employers includes telling employees to commit violations, often because they will save the employer money. An example of indirect pressure from employers includes giving employees unreasonable deadlines that force them to drive longer than is safe or legal.
- Holding Drivers and Employers Accountable – Holding drivers and employers liable for their violations is one of the most effective ways to prevent future violations. If you suffered an injury due to the negligence of a truck driver or their employer, filing an injury claim against them can not only result in you receiving the compensation you deserve but also result in them thinking twice about committing similar violations that put others in danger in the future.
Contact Our Phoenix Truck Accident Lawyer to Learn More
A truck accident can change your life in a matter of seconds. Injuries resulting from these accidents are often severe, life-threatening, and long-lasting. To recover the compensation you need and deserve for the injuries you sustained, working with an experienced truck accident attorney is essential.
Contact Silkman Law Firm Injury & Accident Lawyer for a free case evaluation and to speak with our compassionate attorneys about your legal options for seeking compensation. We’ll walk you through the steps of filing a personal injury claim in Arizona, the general timeline of a case, and what you can expect going forward.
There’s no need to go through the legal process alone. Our team is here to assist you every step of the way. Reach out today to get started.