How Truck Logbook Rules Affect Accident Liability
Anyone who drives for a living knows how important truck logbook rules are for remaining employed and avoiding penalties for noncompliance. However, drivers may be too focused on the job to consider how those rules can affect accident liability. Truck driver logs are also called records of duty status (RODs), and they must show every change in duty status within a 24-hour period. If you or a loved one has been the victim of a trucking accident, consider contacting the Louisiana Law Lady, a trucking accident lawyer, by calling (504) 470-3511 to schedule a consultation.
Why Trucking Logbooks Are Crucial
According to the United States Department of Transportation (DOT), 72 percent of the fatalities in accidents with large trucks in 2017 were occupants of other vehicles involved in the accident. The other fatalities included the truck drivers (18 percent) and pedestrians or bicyclists (10 percent). Due to the size and weight of big rigs, any accident involving one can result in catastrophic injuries and damage. Establishing accident liability, therefore, can be difficult. This is why it is so crucial for truck drivers to comply with truck logbook rules.
Logbooks Help To Ensure Safety and Compliance
Truck drivers typically have tight deadlines for delivering their cargo. Under the stress of those deadlines, many drivers have pushed themselves far beyond their physical capabilities in order to arrive on time and get paid. Too many drivers have fallen asleep at the wheel or made other poor driving choices simply because they were overtired. To prevent driver fatigue and help to ensure the safety of everyone on the road, truck logbook rules were enacted. They stipulate how many hours a driver is allowed to drive before taking a required break.
Truck drivers use logbooks to track their hours on the road, as well as hours at rest. When drivers use their logbooks correctly, they can prevent fatigue and reduce the risk of accidents. Because safety on the road is so important, the Federal Motor Carrier Safety Administration (FMCSA) requires commercial truck drivers to accurately maintain their logbooks to ensure that they comply with the hours of service (HOS) regulations. While these regulations cannot protect drivers from poor driving ability—whether by other drivers or themselves—poor road conditions, mechanical problems, or other unexpected issues, they are designed to prevent dangerous accidents caused by fatigue.
Logbooks Can Be Evidence in Accident Cases
Logbooks are meant to keep drivers accountable. They are detailed records of a truck driver’s working and rest hours, route, and even vehicle mileage. When logbooks include mileage information, the company can use it to calculate fuel costs and track vehicle maintenance. All of this information can be used as evidence in an accident case. Errors in a driver’s logbook, or missing information, can show that the driver violated HOS regulations and potentially contributed to an accident.
Electronic Logging Device (ELD)
According to the United States DOT, the majority of commercial truck drivers today are required to use electronic logging devices (ELDs) to record their RODs. These electronic logbooks give drivers better accountability when tracking their duty status and have less room for error than paper logs. Before the implementation of electronic devices, some drivers would put off logging their statuses rather than taking the time to log every status change. This could cause problems with remembering later or with law enforcement if the driver was stopped. Additionally, some drivers, having experienced delays due to traffic or other problems, might omit driving time or input breaks that weren’t actually taken.
In Louisiana, drivers must still carry a paper logbook because electronic devices can fail. If the ELD malfunctions, the paper backup will serve as the uninterrupted record that shows the driver’s compliance with the hours of service (HOS) regulations.
Hours of Service (HOS) Regulations
Louisiana commercial truck drivers must adhere to the federal hours of service (HOS) regulations, which are enforced by the Federal Motor Carrier Safety Administration (FMCSA). Most drivers must use an ELD or an automatic on-board recording device (AOBRD) to log their duty status each day. The following regulations apply:
- Drivers can drive no more than 11 hours after 10 consecutive off-duty hours, and they must be off duty for at least 10 hours after a total of 14 hours on duty
- Weekly maximum on-duty hours are 60 for 7 consecutive days or 70 for 8 consecutive days
- After an 8-day week of 70 hours, drivers must take 34 consecutive off-duty hours before starting a new week
- Drivers with sleeper berths can split their off-duty time into two parts, with at least 3 hours in the sleeper berth and at least 7 hours off duty
- Drivers must take a 30-minutes break after 8 hours of driving without a 30-minute interruption
- Drivers must use Electronic Logging Devices (ELDs) to record their duty status, which includes time, date, and location of duty changes
Penalties for Breaking Truck Logbook Rules
Whether accidental or intentional, failing to use a logbook, falsifying logs, failing to record a duty status for the last 24 hours, or having a malfunctioning ELD can result in certain penalties for the driver. These can include a warning for a first offense, commercial license suspension, hefty fines, and even criminal charges, depending on the circumstances. Some HOS regulation violations can come with penalties for the carrier company in addition to the driver. If a driver is pulled over for an inspection and it is found that the driver is in violation of their hours of service, they can be put immediately out of service.
Truck Accident Liability
Logbooks are crucial evidence in truck accident cases. If there are any violations or inconsistencies or falsified entries in a driver’s logbook, that evidence can prove that the driver or the trucking company is negligent in some way and, therefore, responsible for the damages and injuries resulting from the accident. The Louisiana Law Lady may be able to help analyze this evidence to build a case for compensation if the driver or company failed to exercise reasonable care.
Contact a Louisiana Trucking Accident Lawyer Today
Trucking accidents can truly be devastating for everyone involved. Accident liability may be determined, at least in part, by the driver’s compliance with truck logbook rules. If you or a loved one has been involved in an accident with a big rig, consider reaching out to the Louisiana Law Lady, a trucking accident lawyer, to learn more about your legal rights. Call (504) 470-3511 to schedule a consultation.