What Are the Requirements? How Do Log Book Violations Help in a Personal Injury Lawsuit?

Under state and federal laws, large commercial trucks, such as 18-wheelers, tractor-trailers, semis, and big rigs, can legally carry up to 80,000 pounds of cargo—that’s 40 tons! When such a vehicle breaks down, it can put a lot of other people in harm’s way. In addition, most commercial truck drivers are paid by the load, so there’s a built-in incentive to spend more time behind the wheel, leading to fatigue, slow reaction times, and bad judgment.

Recognizing these concerns, state and federal law requires truckers and trucking companies to keep both vehicle maintenance and time-on-the-road logs. Most truckers diligently comply, but some either fail to make all required entries or even falsify records.

What Time-on-the-Road Requirements Must a Truck Driver Log?

Commercial truck drivers must accurately log all time on duty and driving. Driving refers to time actually behind the wheel, whereas “on duty” includes driving time, non-driving tasks, and waiting for an assignment or waiting to be dispatched. A driver may be behind the wheel for no more than 11 consecutive hours after a 10-hour break. On-duty time is limited to 14 hours after a 10-hour break.

All drivers must take a minimum 30-minute break after eight consecutive hours behind the wheel. Drivers are limited to a maximum of 60 hours on duty during a seven-day period and 70 hours on duty during an eight-day period.

What Vehicle Maintenance Records Must a Driver Keep?

Drivers must enter pre- and post-trip inspection reports in a maintenance log and must submit a daily vehicle inspection report (DVIR) to the trucking company regarding the condition of the vehicle.

How Are Log Books Used in a Personal Injury Lawsuit?

The required log books can provide critical evidence after a commercial truck accident:

• Log books can be used to show that a driver did not have adequate rest or time off, supporting a claim that driver fatigue was a cause of the accident.
• Log books can be used to show that the company or driver failed to perform routine or required maintenance that contributed to or caused the accident.
• Log books can be used by expert witnesses, including accident reconstruction specialists, to confirm both cause and liability.
• Log books can be compared to other evidence, such as GPS data, fuel records, and toll receipts, to determine the likelihood of false reporting or violation of time-on-the-road regulations

Contact the Law Offices of David J. Karbasian, PC

Send us an email today, or call us at 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

We handle all personal injury claims, including commercial truck accident lawsuits, on a contingent fee basis. You will not incur any legal fees unless we recover monetary compensation for your losses.