By law, truck drivers must log the number of hours they spend behind the wheel. They must adhere to federal Hours of Service (HOS) regulations, which dictate when and how long they can drive before taking a mandatory rest break. These rules are in place to prevent fatigue-related accidents.
For decades, truck drivers used written logs to track their hours. Today, most trucks must have electronic logging devices (ELDs) to keep track of time, with some exceptions. If a trucker violates hours of service rules and causes a crash, a skilled Sacramento truck accident attorney can review electronic or written logs for evidence of logbook violations to build a negligence claim against them.
Understanding Logbook Regulations
The Federal Motor Carrier Safety Administration (FMCSA) sets strict regulations regarding hours of service for commercial truck drivers. Hours of service rules for cargo-carrying trucks include:
- 11-Hour Limit – Drivers can operate a truck for a maximum of 11 hours during a 14-hour shift after 10 hours off duty.
- 14-Hour Limit – Truckers must not drive beyond the 14th consecutive hour of coming on duty. Off-duty time does not extend the 14-hour period.
- 60/70 Hour Limit – Drivers cannot be on duty or drive for more than 60 hours in a 7-day period or 70 hours in an 8-day period. Drivers can restart the 7/8-day period after a minimum of 34 hours off duty.
- Sleeper Berth Provision – The 10-hour off-duty period can be split as long as the driver spends at least 7 hours in the sleeper berth and the remaining portion of the off-duty time is at least two hours long. All sleeper berth pairings must add up to 10 hours.
- Adverse Driving Conditions – Truckers may extend the 11-hour limit by two hours when driving in bad weather or other dangerous road conditions.
- Short-Haul Exemption – Drivers are exempt from some reporting requirements if they operate within a 150-air-mile radius of their work location and stay within the maximum 14-hour duty period.
Trucking companies must maintain HOS logs for up to six months. Truckers must furnish their logs to police and government inspectors if requested. Any logbook violations can result in fines or being placed off-duty. The driver and trucking company could also face personal injury lawsuits if an accident caused by truck driver fatigue occurs.
Common Types of Logbook Violations
Some common logbook violations include:
- Falsifying driving hours
- Incomplete log entries
- Failing to maintain a logbook
- Violations of the mandatory rest periods
Drivers commit these violations to hide non-compliance with safety regulations from law enforcement and employers. Investigations by a knowledgeable attorney can uncover these violations and use them to strengthen a truck accident claim.
Logbook Violations and Liability in Truck Accidents
Logbook violations can significantly impact liability following a commercial truck crash because they establish negligence and non-compliance with industry regulations. Accident victims can use false logs as evidence that driver fatigue contributed to the truck accident that injured them. Strong proof can lead to a higher settlement offer or award at trial.
In addition to filing a claim or lawsuit against the driver, victims may have valid claims against the trucking company for inadequate training, supervision, and compliance enforcement. Experienced attorneys can use logbook offenses to demonstrate a pattern and practice of violating safety rules to secure full compensation for their clients.
Contact Demas Law Group Today
Conducting a thorough investigation of the accident to identify the at-fault parties
Negotiating with the insurance company for fair compensation for your losses, including medical expenses, lost income, and pain and suffering
Filing a truck accident lawsuit, if necessary
Our attorneys have more than 25 years of experience securing favorable results for our clients. Contact us today for a free consultation.
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