Logbook Errors a Common Problem in Truck Accidents

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The U.S. Federal Motor Carrier Safety Administration (FMCSA) places strict regulations on the trucking industry, and drivers’ adherence to those regulations must be recorded in logbooks. Truck drivers and the companies employing them are required to keep accurate records of the time drivers spend out on the road, where shipments are headed, and the total miles traveled each day. Logbooks help ensure drivers and companies remain in compliance with federal law.

All commercial vehicle operators must track their status for each 24-hour period of work, using either a physical logbook or a digital device. However, to meet tight shipping deadlines, drivers sometimes fail to correctly record their actions in their logbooks because they’ve violated regulations. Those violations offer involve staying out on the road too long, which may result in drivers who are so fatigued they cannot respond quickly to hazards on the road.

Common logbook recording issues

In most cases, logbook errors come down to recording incorrect times for when an operator began driving, took required breaks or completed a route. Failing to perform and/or record maintenance checks and not storing operators’ duty status records for an appropriate amount of time are other common issues.

Logbooks are in place to ensure the safety of both truck drivers and the motorists and passengers with whom they share the road. Drivers who fail to correctly record their actions and disregard safety regulations can endanger others and lead to preventable crashes. Injury victims have the right to hold at-fault parties responsible for their negligence.

If you’ve been injured in a West Virginia truck accident, it’s important to be represented by a skilled lawyer who will investigate logbook errors and other violations of trucking regulations to seek full compensation for the harm you’ve suffered. Consult an experienced personal injury attorney with Kaufman & McPherson, PLLC.

Frequently Asked Questions

How do I know whether I have a case?

You have a case if you’re injured and someone else has legal fault for what occurred. You must be able to gather facts to prove the liability of the other party. Intentional harm is not required. In fact, most cases are based on negligence or careless behavior that creates an unreasonable risk of harm. At your case consultation, our lawyers can explain whether you have a case and the reasons for our opinion.

How much time do I have to file a lawsuit?

In West Virginia, you have two years to file most personal injury lawsuits. However, there are some exceptions. Two years can seem like a long time, but you need to investigate, build and prepare your case. Always contact a lawyer as soon as possible.

How will my lawyer determine the value of my case?

A lawyer will determine the value of your case by evaluating the losses that you have because of the injury. Then, they compare them to the types of losses that a victim may claim under the law. Other factors may affect your case value, too, like the ability to collect compensation, comparative negligence and the strength of the proofs in your case.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, get medical attention without delay. Do what you can to prevent additional harm. Don’t discard anything related to the accident like torn clothing. If you can, take photos of the accident scene and your injuries. Contact a lawyer as soon as possible.

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