Truckers falsifying logs cause deadly semi-truck accidents.
In the United States, all truck drivers are obliged by law to maintain a journal of their rest and working hours in a truck driver log book. These logs assist drivers and trucking businesses in keeping track of where truckers go and how long they spend on the road each day. Unfortunately, some drivers falsify their log books to hide the fact that they are working longer than the law permits.
Driving a semi-truck is a difficult task. Prospective truck drivers do not just jump in the driver’s seat of a commercial tractor-trailer and begin driving. Due to the surprise difficulties of managing such a massive car that weights many tons, semi-truck driving requires substantial training and certification.
Because of this, driving a semi-truck may be taxing, increasing the likelihood of fatigue-related semi-truck accidents. To reduce the danger of semi-truck drivers becoming fatigued and causing accidents, federal laws mandate that semi-truck drivers only travel for a set amount of time before taking obligatory rests.
Semi-truck drivers are required to register their hours so that their driving time can be tracked, however some drivers may fake their hours in order to drive longer than they should, putting them in danger.
Commercial Tractor Trailer Accident Claims in Colorado
Every year, semi-truck drivers who are drowsy and cause serious accidents injure a large number of people. These drivers, as well as other persons that contribute to the occurrence of a semi-truck accident, may be held accountable in a semi-truck accident lawsuit due to their carelessness. Through civil tort law, an injured claimant seeks reimbursement from the person responsible for the accident’s occurrence for losses incurred as a result of the accident’s injuries.
A claimant must name a party liable for their injuries and be able to prove that party’s negligence as well as the extent of damage caused by the accident as part of the claims process. A semi-truck accident claim’s purpose is to achieve a settlement with the defendant party so that both parties may avoid a lengthy and expensive trial.
Negotiations may end in both parties agreeing to a fair compensation agreement or in the case of a failure to reach an agreement, the case may be taken to trial, where a jury will rule on the issue of fair compensation.
Insurance companies will do everything in their power to lower the value of a claim and pay out as little as possible if they do not reject the claim entirely. They will enlist all available resources to handle your claim, and you should do the same. Consider seeking the help of a competent company like Warrior Truck Accident Lawyers.
Our lawyers specialize in semi-truck accident lawsuits and have a strong track record of winning cases that have resulted in settlements that our clients have been pleased with. Call our Denver office at 719-300-1100 or contact us online to book a free consultation with Warrior Truck Accident Lawyers.
Driving Logs for Semi-Trucks and Regulations on Drive Length
Truckers must take necessary breaks after driving for 11 hours in a 14-hour period, according to Federal Motor Carrier Safety Administration rules. This break must last a minimum of 10 hours.
Furthermore, truck drivers employed by carriers in “daily operation” are not permitted to work more than 70 hours in each eight-day period. In order for the FMCSA to enforce these restrictions, the hours of truck driver operating must be documented in a logbook by the driver.
Some drivers may falsify their records in order to drive for considerably longer than the law permits. Semi-truck drivers are in great demand, and the pressure to meet deadlines may lead to dangerous behavior.
Some drivers may simply falsify their logs for financial gain, as more time on the road equals more money. A trucking business may even ask a driver to falsify his or her records in order to achieve their aim of moving more freight quicker by pushing drivers harder than they should.
Trucking company owners have been sentenced for falsifying safety reports.
The fabrication of safety records permitted trucks that were in need of repair and maintenance to stay on the road, endangering the lives of other drivers. The trucking businesses in issue were responsible for transporting loads of garbage and scrap metal throughout Rhode Island and Colorado.
Leslie Cucino, 54, and Robert Cucino Jr., 49, are the proprietors of the trucking firms. Both transportation businesses have since closed their doors.
Over a period of many years, the proprietors of these enterprises acknowledged to directing their truck drivers not to submit safety violations on inspection reports.
When state police in Rhode Island and Colorado pulled over the trucks owned by these firms on repeated occasions, they uncovered flaws and other safety hazards. The safety hazards in some instances included major flaws such as defective brakes.
The Consequences of Deliberately Falsifying a Semi-Truck Driver Logbook
When semi-truck drivers falsify their logbooks, they endangering everyone on the road by disobeying safety standards designed to prevent sleepy driving. When individuals drive sleepy or exhausted their driving skills are considerably compromised. Many people compare driving while drowsy to driving while intoxicated. Both cause many individuals to die or be seriously injured in car accidents, and they have very similar symptoms.
Driving when tired or exhausted may cause the following impairments in a person’s ability to drive:
- Poor judgement skills
- Lowered perception
- Slower reflexes
- Reduced coordination
On top of all of these typical side effects of sleepy driving, one of the most hazardous outcomes of neglecting to take required pauses while trucking is falling asleep at the wheel. Even without colliding with another car on the road, a semi-truck may easily stray into other lanes and crush cars, jackknife, overturn, and otherwise crash catastrophically.
Seek the advice of a seasoned semi-truck accident lawyer.
You should always seek the advice of a truck accident lawyer if you feel you are entitled to compensation. Because a truck accident may include so many parties, the lawsuit is often convoluted. In addition to the driver, the firm for whom the driver works, the truck owner, the dispatcher, and even the cargo manufacturer may be held accountable for any or all of the damages to which you are entitled.
Each entity will very certainly have its own lawyer. A driver who works as an independent contractor for Company A, for example, will have his own attorney. An attorney will be retained by the driver’s insurance company. The owner of the car, as well as the owner’s insurance company, will have an attorney since the driver rents the truck. In addition, the business for which the driver is hauling will have an attorney on staff, as well as the insurance company for the enterprise.
When is it acceptable for a transportation firm to be negligent?
While driver recklessness is to blame for a number of accidents each year, other accidents are caused by the individuals for whom the drivers drive. We assist persons who have been injured as a consequence of:
Disregarding the Hours of Service regulations
Truck drivers are compelled by law to take a break after a set number of hours behind the wheel. We may bring a lawsuit against a firm if a driver is provided incentives to drive faster or falsify his or her logbooks by the company’s owners or management.
Inadequate inspection and maintenance
Before a motorist gets on the road, they must inspect their brakes, lights, tires, and hydraulic systems. A major accident might result from skipping maintenance inspections or failing to replace any malfunctioning brakes or tires.
Cargo that has been improperly loaded
A car that is imbalanced is more prone to flip over. Improper cargo loading might result in an uneven load or debris flying from the rear of the car.
A lack of driving education
It is the responsibility of trucking businesses to teach its drivers and personnel. Inadequate training, both in terms of operating the trucks and in terms of safety, may lead to a driver making a mistake while driving or in an emergency scenario.
Inappropriate hiring tactics
To drive a truck in Tennessee – or anyplace else in the United States, for that matter – you need a commercial driver’s license (CDL). Hiring inexperienced, unlicensed, or inadequately prepared drivers might result from failing to do even the most basic background checks.
Semi-truck accidents and injuries may be caused by truck driver log book fraud.
To keep the roads safe for everyone, truck drivers and trucking businesses are subject to rules that limit how long a driver may stay behind the wheel each day and how much rest he or she must obtain. • Drivers cannot drive for more than 11 hours in a row after a minimum of 10 hours off-duty; • Drivers cannot drive after being on duty for 14 hours in a row, regardless of breaks, after a minimum of 10 hours off-duty.
Every 8 hours of driving, drivers must take a break of at least 30 minutes.
Drivers are only allowed to drive for a total of 60 hours per week and 70 hours per week for an eight-day period.
Although there are exceptions for sleeper berth drivers, team drivers, and short-haul drivers, the goal of these laws is to guarantee that no truck driver runs a semi truck when too weary to be completely conscious and attentive.
Truck driver weariness has been demonstrated to significantly increase the probability of semi-truck accidents. After pushing themselves to spend too much time on the road, truck drivers have been known to fall asleep behind the wheel.
Trucking is a competitive and demanding industry, and some drivers may feel compelled to falsify their log books in order to meet the demands of other drivers. Some people may falsify records because they believe they are awake enough to drive above the set limitations.
To look that they are obeying trucking rules, trucking corporations may even encourage their drivers to remain on the road longer than is legally permitted and falsify their log books.
All of these methods are against the law, and any truck driver who is requested by his or her employer to falsify a truck driver log book should refuse and contact an expert truck accident attorney. While refusing to engage in these unlawful acts is a tough choice, they may be preserving their own lives as well as the lives of other motorists on the road.
While truck drivers are expected to inspect their cars on a regular basis to ensure that they are in good working order, the company may be held liable if it fails to follow up on the trucker’s report, fails to maintain its fleet of cars, or forces drivers into situations with unrealistic goals. When a company’s owner, management, or employee’s carelessness causes your injuries, we work with field specialists and engineers to create a case against them.
If you or a loved one has been injured in a truck accident, call an expert attorney who can answer any more concerns you may have.
Warrior Car Accident Lawyers
1902 W. Colorado Ave., Suite 100
Colorado Springs, CO 80904