Truck Driver Log Books
What is a driver’s daily log and what does it mean for my truck accident case?
According to the Federal Motor Carrier Safety Administration (FMCSA), truck drivers have daily logs so that they can keep track of their hours of service. These log books are periodically checked by authorized government inspectors to ensure that a driver is meeting Hours of Service (HOS) requirements. Some commercial trucks are equipped with electronic on-board recorder devices, but those that are not require manual tracking of hours. Officially, these manual recordings of hours worked are called the "Record of Duty Status" forms. When a driver violates HOS or log book regulations, they could face fines or even have their CDL taken away ( § 395.8 FMCSA). If you were involved in an accident with a large commercial truck, our Houston personal injury attorney investigators can use the evidence from log books to build your case.
Log Book Exceptions
According to the FMCSA,
Any person who is subject to the safety regulations and drives a commercial motor vehicle (CMV) must complete a logbook page for any day that includes CMV driving and for the prior 7 days (unless under an exception on some of those days).
However, there are two exceptions to the log book requirement: the 100 air-mile radius exception and the non-CDL short-haul exception. Every employer requires something different of its drivers and these rules could vary from state to state. The truck driver you were involved in an accident with may not have had a driver log, but there are still many other forms of evidence our firm could use to build a strong case for you. If the trucker did keep a driver log, then our investigators can see information like where they drove, the total miles driven, cargo information and additional information under the "remarks" section of the log such as adverse driving conditions, unplanned stops, etc.
Truck Driver Fatigue and Serious Collisions
The main reason driver logs are required is to keep truckers accountable. Drivers are required to adhere to federal HOS requirements mainly for the purpose of avoiding fatigue. Truckers often have to drive for long hours consecutively and even overnight in order to get their cargo to its destination on time. To combat trucker fatigue and falling asleep at the wheel, the FMCSA implemented mandatory resting breaks and time off for truckers. Log books and electronic on-board recorders are just a few methods for ensuring adherence to these laws. Unfortunately, some drivers manipulate log books and falsify entries in order to cover up potential violations. Even if this was the case in your accident, trust our team of Houston truck accident attorneys to uncover the true cause of the collision.
How a Houston Truck Accident Attorney Can Assist
You may be unsure whether or not your case deserves legal representation, but our firm encourages you to give us a call. We provide free consultations that come at no obligation to you. At Stern Law Group, we are passionate about the aggressive representation of clients. If you deserve compensation, our goal is to secure that compensation for you. We will evaluate your case and advise you of the best recourse. Our firm has trial experience, which is important because your case could go to trial.
Our firm consistently secures successful settlements before the trial phase because we have a reputation for winning in the courtroom. Again, please do not hesitate to contact a Houston truck accident lawyer from our firm today.