In truck accident claims, accurate and reliable evidence is crucial to determining liability and ensuring just compensation for victims. One critical piece of evidence is the truck driver’s logbook. Logbooks serve as a record of a truck driver’s hours of service and are essential in monitoring compliance with federal regulations. Unfortunately, false logbook violations are not uncommon in truck accident cases, undermining the integrity of the evidence and potentially affecting the case’s outcome.
Failing to record driving time accurately, improper record keeping, and erasing, changing, or backdating entries, are all common violations that may distort the true events that led to the accident. The lawyers of Goza & Honnold have extensive resources and skills to identify false logbook violations and obtain evidence of liability in a truck accident claim while you focus on recovery.
3 Most Common False Logbook Violations in a Truck Accident Claim
The following are the three most common logbook violations in a truck accident claim:
1. Hours of Service Violations
The Federal Motor Carrier Safety Administration imposes specific regulations governing the maximum number of hours a driver is authorized to operate a commercial vehicle within a given time. These regulations are developed to prevent driver fatigue and promote safety on the roads. However, some truck drivers and companies may falsify logbooks to conceal violations of hours of service rules.
Common logbook violations related to hours of service include the following:
- Failure to accurately record driving time: Drivers intentionally underreport their driving hours to comply with hours of service regulations or mask excessive driving time.
- Falsifying rest periods: Truck drivers are required to take regular breaks and rest periods. Falsifying logbooks by indicating reset breaks that did not occur or were shorter than required is a violation.
- Dual logbooks: Some drivers may maintain multiple logbooks, one showing compliant driving hours and another with the actual, often excessive, driving hours.
An experienced truck accident lawyer can conduct a thorough investigation and identify hours of service violations that may have led to your accident.
2. Form and Manner Violations
In addition to recording driving hours, logbooks must be completed correctly and follow specific guidelines outlined by the FMCSA. Form and manner violations refer to incorrect or incomplete entries, which can misrepresent a driver’s activities and potentially conceal negligence.
Common form and manner violations include:
- Incomplete entries: Missing or incomplete information in logbooks can make it difficult to determine a driver’s activities, routes, or compliance with regulations.
- Improper recordkeeping: Logbooks must be filled out in a legible and accurate manner, including the date, time, and location of duty changes. Failure to maintain proper records can raise suspicions of falsification.
- Unsigned logbooks: The driver must sign and certify all logbooks to verify their accuracy. Unsigned logbooks may indicate potential tampering or lack of accountability.
Companies may also be liable for failing to audit logbooks to ensure they are completing them correctly. The lawyers of Goza & Honnold are well-versed in federal commercial truck regulations and will build a strong case on your behalf if you have a viable legal claim.
3. Tampering and Alterations
Truck accident claims sometimes involve logbooks that have been tampered with or altered. Drivers or trucking companies may engage in such practices to obscure violations or create a false narrative of events.
Tampering and alteration violations may include:
- Erasing or changing entries: Drivers may attempt to erase or modify entries in the logbooks to eliminate evidence of noncompliance.
- Use of correction fluid or tape: The use of correction fluid or tape to alter logbook entries is a violation as it creates an inaccurate record of the driver’s activities.
- Backdating entries: In some cases, drivers or companies may backdate entries in logbooks to make it appear as though compliance was maintained when it was not.
Recognizing the most common false logbook violations is vital when investigating truck accidents and seeking just compensation for victims. By working with a truck accident lawyer and identifying potential violations, accident victims have an opportunity to hold liable any parties who are responsible for your injuries.
Contact the Truck Accident Lawyers of Goza & Honnold
False logbook violations in truck accident claims are unfortunately prevalent and can impact the outcome of legal proceedings. The lawyers of Goza & Honnold are prepared to thoroughly investigate your claim to bring to light unethical logbook practices. We fight to ensure fair compensation, holding the negligent and responsible parties accountable for their conduct that caused your personal injuries.
Schedule a free consultation with one of our skilled truck accident lawyers today by calling (913) 451-3433 or filling out a contact form.