Fatigue and False Logs

Truck drivers often don’t get the proper rest before driving and can cause wrecks due to fatigue. The majority of truck drivers are paid by the mile driven. This creates a scenario in which the truck driver benefits from driving the absolute maximum amount and resting the least amount of time as possible. Many times collisions occur because the truck driver either chose to or was forced to drive longer than the Federal Motor Carrier Safety Regulations allow. Fatigue often plays a role in trucking collisions, including situations where the commercial truck crosses the center line, leaves the highway, follows too close, or rear-ends the vehicle as a result of inattention or fatigue. The Greene Law Firm, PLLC won’t rest until the truck driver and truck company are held accountable for their negligence.

Demonstrating Driver Fatigue Using Log Book Violations in Kentucky Truck Accidents

A truck driver operating a 40 ton commercial vehicle while fatigued puts all other motorists in danger. In an effort to protect motorists, The Federal Motor Carrier Safety Administration has put in place federal laws that restrict the hours a truck driver can operate his truck. The Federal Motor Carrier Safety Regulations (FMCSR) were put in place to help restrict the amount of time truck drivers can operate a commercial truck and therefore hopefully making the roads a safer place. Unfortunately, some truck drivers, and even the companies they work for, falsify log books in an effort to avoid the fines and penalties associated with breaking these federal laws. Some truck drivers are willing to break the law because they get paid by the mile. The more they drive, the more money they make. The Greene Law Firm, PLLC has a successful history standing up to trucking companies and making sure that they don’t put profits over safety.

Drivers of 18-wheelers and other over-the-road commercial vehicles must comply with the Federal Motor Carrier Safety Regulations (FMCSR) Hours of Service limitations:

  • No more than 11 hours driving following 10 consecutive hours off duty.
  • No more than 14 total hours driving and working after starting his shift
  • No more than 60 hours in an 7-day period or 70 hours in 8 days 

In addition to the above restrictions, commercial truck drivers are also required to keep a detailed log book of their trips. In order to drive more miles and make more money, some truck drivers try to hide the true amount of time they work by illegally falsify their log books. Truck drivers that have not had the proper rest and are operating in violation of the hours of service requirements are less alert and react slower to crisis situations. In addition to the truck driver, under the law it is also the trucking company’s duty to enforce the Hours of Service regulations and ensure that their drivers are not falsifying log books and violating the hours of service. The lawyers at The Greene Law Firm, PLLC have been successful in many cases in investigating collisions, obtaining fuel receipts and records, log books, GPS systems, the truck’s black box, data recording devices, bills of lading, invoices, delivery slips, credit card receipts, hotel receipts, witness accounts, and other information to prove that the driver falsified log books — and that the company condoned it or ordered the driver to break the rules.

If log book violations, hours of service issues, or fatigue is an issue in a collision involving you or a loved one, it is important to retain a law firm capable of determining whether fatigue was an issue in the wreck. In order to prove fatigue, you will need a lawyer familiar with the Federal Motor Carrier Safety Regulations and aggressive enough to hold the other side accountable. Many times, serious truck accidents are caused by a truck driver’s fatigue. The Greene law Firm, PLLC has represented trucking accident victims throughout Kentucky, South Carolina, and the Southeast. Please call 502-897-8998 or Click Here to speak with eitherMichael Greene or Wilson Greene concerning any and all issues surrounding a trucking accident.