Content reviewed by:
Alex Shulman
Logbook violations can help prove truck crash fault if they can show the driver violated hours–of-service regulations.
Truck drivers who drive too many consecutive hours are at risk of being fatigued and are more likely to cause accidents. Logbooks can also help corroborate facts about the crash timeline.
If you’ve been in a recent truck crash, driver logbooks are a powerful piece of evidence you need to secure. A New York City truck accident lawyer can approach the trucking company to obtain the driver logs and other records of operation that may be relevant to your case.
Federal Trucking Logbook Requirements
The Federal Motor Carrier Safety Administration (FMCSA) requires that all trucking companies and drivers keep detailed records of their driving activity throughout the workday. These logbooks record information concerning the time and length of trips.
Truck drivers are required to record information on:
- Total consecutive time spent driving during the shift
- Time spent on duty not driving and resting
- Total distance covered on each shift
- Starting and ending locations
- Pre- and post-trip truck inspection reports
- Truck identification number
- Shipping manifest of cargo
Truck drivers typically log their hours using an Electronic Logging Device (ELD) that connects directly to the hardware of their vehicle. Trucking companies must keep copies of logged data to present when requested by safety officials.
Why These Logbooks Matter
The FMCSA requires drivers to keep logs to ensure they abide by federal hours of service regulations. In general, truck drivers are limited to 11 total hours of driving within a 14-hour window after 10 mandatory hours off duty. Further, drivers are required to take a mandatory 30-minute break every eight hours of driving.
Records can show if drivers violate these rules. For example, logs might show the driver drove more than 11 hours in a single day or failed to take a 30-minute break after eight hours of driving. Exceeding hours of service limits could be evidence that the driver was fatigued and had impaired judgment when the accident happened.
Inconsistencies in logbooks can also indicate violations. For instance, a driver may record a 600-mile trip but only log ten hours of driving, indicating they likely drove over the limit. Discrepancies like this can show that drivers were operating outside of regulated limits.
Why Drivers Fabricate Trucking Logs
Despite federal regulations and enforcement, falsifying logs is one of the most common types of trucking violations recorded by inspectors. Given the penalties associated with violating regulations, the question is: why do so many drivers fabricate driving records?
Below are some main reasons why:
Drivers Are Paid by the Mile
Truck drivers typically get paid per mile they drive, so the daily limits on driving hours effectively cap their daily pay. Drivers have an incentive to exceed federal regulations to squeeze out a few more miles of driving and payment.
Tight Delivery Deadlines
Truckers also operate under very tight trip deadlines and are often required to make cross-country trips in as little time as possible. Many drivers receive additional incentives for completing trips quickly, so they may feel pressure to drive more than they are allowed per day.
Similarly, drivers may be worried about negative performance reviews if they take too long.
Mistakes in Logging
Hours of service regulations can be tricky to understand, and newer drivers may not understand how driving and on-duty limits work. Some log violations are due to genuine mistakes or misunderstandings about federal regulations.
However, professional truck drivers are responsible for knowing these rules and can still be liable for mistaken logbook violations.
How to Obtain Truck Driver Logs
Trucking companies are required by law to save records logged by their drivers, but that doesn’t mean they’ll be forthcoming with that information. A lawyer can send a letter of spoliation to demand that the trucking companies preserve any evidence that may be pertinent to the case.
Generally speaking, trucking companies must hold copies of logged data for at least six months. After that, they can delete or destroy the data. This information could be the determining evidence in your case showing fault, so you shouldn’t delay with evidence collection.
Other Evidence That Can Help Your Case
Logbooks are an important piece of evidence, but they are not the entire story. You need additional supporting evidence to corroborate information in logbooks to make your case as robust as possible.
Below are other types of evidence you should prioritize gathering:
- Driver drug and alcohol screenings
- Driver history and record
- Truck GPS and black box data
- Phone and text records
- Eyewitness testimony regarding the truck driver’s conduct
- Communications with dispatch
Contact a Truck Accident Lawyer Today for More Information
Do you have more questions about how logbook violations can prove truck crash fault? If so, contact Shulman & Hill online or call today to speak to a New York City personal injury lawyer about your case.