O'Connor, O'Connor, Bresee & First, P.C.
SERVING ALL OF NEW YORK AND VERMONT
877-886-4029 Toll Free
518-465-0400 New York

The log book is an important part of truck accident defense

The Federal Motor Carrier Safety Administration (FMCSA) requires all truck drivers here in New York and elsewhere to maintain a log of their activities. Keeping a log book might seem like an intrusion and an inconvenience, but it can be a trucker's best tool after an accident. Accurate records can help with a truck accident defense.

Accordingly, it is important that truck drivers take filling out their log books seriously. Drivers are required to sign their log books to verify that the information supplied is accurate. Even if a motor carrier "forces" a driver to sign, the FMCSA will hold the driver responsible for the information in the book.

Truck drivers only make money when they deliver their loads, and it can be tempting to cross the line. Motor carriers might encourage drivers to break the rules in order to increase their bottom line. However, drivers need to speak up when this happens. The Surface Transportation Assistance Act (STAA) protects drivers who refuse to "doctor" their log books at the behest of carriers. On the other hand, carriers who are defending lawsuits in the aftermath of truck accidents need to be able to trust that their drivers are keeping accurate records.

When a lawsuit is filed involving a truck accident that occurred here in New York, the other side will want to scrutinize the driver's log book in an attempt to prove negligence. If the information in the book is both accurate and truthful, it can only help a truck accident defense. Of course, other factors will need to be explored as well, but handling this requirement correctly could help the legal team defending the lawsuit focus on other factors that are more important to the outcome of the case.

Source: thetruckersreport.com, "How to Fill Out a Truck Driver Log Book", Accessed on Oct. 22, 2016

No Comments

Leave a comment
Comment Information

Contact Our Law Offices

Email Us For A Response

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact Us for Your Insurance Defense Solutions and Other Legal Needs

CALL TODAY AT

877-886-4029 Toll Free
518-465-0400 New York

NEW YORK OFFICE
20 Corporate Woods Boulevard
Albany, NY 12211

Phone: 518-465-0400
Fax: 518-465-0015
Albany Law Office Map

VERMONT OFFICE
507 Main Street
Bennington, VT 05201

Fax: 518-465-0015
Map & Directions