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Truck driving is one of the largest professions in the United States, and trucking services are in incredibly high demand. Due to the time, monetary, and other pressures many truck drivers face, many try to make deliveries as quickly as possible, and sadly, some try to cut corners by driving for longer than legally allowed.
However, the laws around driving time are in place for an important reason: they keep everyone on the road safer. Like anyone, truck drivers can suffer from fatigue, highway hypnosis, and other attention lapses while driving. But because trucks are much larger and more massive than passenger vehicles, accidents involving trucks are more dangerous and deadly.
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Hours of Service Laws
To help curb crashes due to exhausted drivers, the Federal Motor Carrier Safety Administration (FMCSA) has written a number of rules regarding the work schedule of truck drivers. Collectively, these are known as Hours of Service (HOS) Laws, and they include, among others, the following:
- A truck driver may drive no more than 11 hours after being off duty for ten straight hours
- A truck driver cannot drive after the 14th consecutive hour after being off duty for ten straight hours
- A truck driver must take a 30-minute break after driving for 8 hours without interruptions
- The number of driving hours in 7 days is 60 hours (70 hours in 8 days)
- The maximum number of hours per 7/8 days can restart after taking 34 or more straight hours off duty
There are some exceptions to these for short-haul truckers, team truckers, and truckers using sleeper berths in their trucks. The full set of HOS regulations can be found on the FMCSA’s website.
Trucking Logs
To ensure compliance with the various hours of service regulations, truck drivers are required to keep detailed records of their time, both on and off duty, for every 24-hour period they’re working. These records include a lot of information, including
- Time spent on-duty driving, on-duty not driving and sleeping in the berth
- Total number of miles driven in a 24-hour period
- Truck and/or tractor trailer number and motor carrier name
- Names of any co-drivers
- Name of every location where any change in duty status happens
Each of these records must be signed by the driver, and copies must be sent to their employer, who must keep the logs for 6 months, and the driver, who must keep copies of the past 7 days at all times.
Falsifying Trucking Logs
The above rules and regulations are meant to help everyone stay safer on the road by ensuring truck drivers aren’t piloting their large, heavy trucks while drowsy or tired. In fact, drowsy driving can be more dangerous even than drunk driving.
However, these laws do not remove the market and business pressures drivers feel to work more hours than they’re legally allowed. Thus, many drivers falsify their trucking logs, and the practice of falsifying logs is a well-known issue both inside and outside of the industry.
Some motor carriers now require drivers to use automatic recording devices, or black boxes (much like the similar devices on aircraft), to make falsifying logs harder. However, black boxes are not yet required at the federal level.
How To Find Out If a Truck Driver Has Falsified Logs
If you’ve been the victim of a big truck wreck and think the driver might’ve been exhausted, ask your lawyer to procure the driver’s logs from before the accident. An experienced truck accident lawyer knows how to find these logs, and they can help you figure out if the logs were falsified, which is a major crime.
If the truck driver has falsified their logs, your truck accident case will most likely swing in your favor. Falsifying logs is a crime, and insurance companies, commercial truck companies, and other businesses involved with the trucker will want to distance themselves from the driver. You’ll be more likely to be able to pay your medical bills, bills for property damage, and more by hiring an experienced truck accident attorney to find pertinent evidence and represent your interests in your injury case.
Don’t Be a Victim of Truck Driver Log Book Fraud
If you’ve been injured in a truck wreck in Louisiana, don’t be a victim twice. Get Gordon McKernan Injury Attorneys on the case by giving us a toll-free call at 888.501.7888 for a free consultation. We have the experience and drive to find inaccuracies in the trucker’s logs if they’ve falsified their driving logs, and we’re not afraid to take your case to court if we need to. The truck wreck lawyers of Gordon McKernan Injury Attorneys are committed to each of our clients, and work hard to get you the compensation you deserve after you’ve been injured in a big truck wreck. Give us a call or reach out to us online to start your path to healing from your injuries and moving on with your life.
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