Proving That a Commercial Motor Carrier was in Violation of “On-Duty” Laws

If you or someone you love has been injured, hurt or killed in a traffic accident involving a commercial motor carrier (truck or bus) then it is critical that you consult with a board certified personal injury and wrongful death lawyer as soon as possible.

As a Dallas-Fort Worth truck wreck attorney, I have been helping clients throughout DFW and Texas since 1991. In that time, I’ve learned that one of the most common causes for an accident involving a large commercial vehicle is often that the trucker fell asleep behind the wheel. This is as scary as it sounds. A collision involving an 18-wheeler travelling at 60 miles per hour while hauling incredibly heavy loads can cause extremely severe bodily injuries – not to mention hundreds of thousands of dollars in property damage – so you might expect that lawmakers might take the issue of commercial driver fatigue seriously in order to ensure public safety.

There are strict Federal Motor Carrier Regulations in place to prevent overtired drivers from risking other people’s lives on public roads, yet unfortunately, drivers and their employers often try to get around these guidelines – jeopardizing the safety of road users for the sake of a little extra profit.

Why It’s Important To Check The Negligent Driver’s Logs

All commercial drivers are required to keep a log book to demonstrate that they abide by the Federal Motor Carrier Safety Regulations to show an accurate account of all activities performed and their daily accruement of both “on-duty” and “off-duty” hours. They are required to complete these records for every 24 hour period and their employer is required to keep these records intact for six months.

This is an important fact to note – and another reason why it is so critical that you hire an experience CDL lawyer as soon as possible following your accident.

Since drivers and trucking companies who regularly fake drivers’ logs pose a great potential for deadly auto collisions, the FMCSA has made it a requirement that carriers who demonstrate such a violation in 10% or more of their hours-of-service logs must instead start using digital log books which are more reliable and less susceptible to fraud. This rule came into effect in April 2010 and was estimated to effect a total of 5,700 motor carriers and 128,000 drivers in its first year alone.

Cell phone records are also a great resource to prove whether or not the truck driver who caused your crash was lying. Your lawyer will be able to request these and track the driver according to the cell phone towers they were using. This usually results in proof that their actual location is often hours or days off what they claim in their written log book. Cellphone records can also be shown to demonstrate “on-duty” violations in instances where a driver might have been on the phone at times they should have been sleeping or resting in order to accrue their “off-duty” time.

Here at the Anderson Law Firm we offer completely free, no obligation consultation to accident victims and their families. To speak to an attorney today, please call us toll free at 800-354-6275 or locally in Ft. Worth at 817-294-1900.

Other Articles You Might Be Interested In:

Commercial Driver Maximum Hour Requirements

Why it is Critical to hire a Personal Injury Lawyer ASAP After Your Accident

Getting the Evidence: How Find Out If the Truck Driver was On Their Cell Phone or On-Board Computer at the Time of Your Accident

Why Inexperienced Attorneys Get Stumped By Texas Truck Accident Cases

How do I find out if the truck driver was being negligent under the eyes of the law?

The Anderson Law Firm offers free no obligation consultations to people injured in accidents or who have suffered physical harm as a result of someone else's actions. We do not charge you to initially discuss your situation and establish whether you have a claim to pursue. You can call us and discuss your case over the phone, we can set up an appointment for you to come into our office, or we can visit you in your home anywhere in the metroplex.

If after meeting with us you decide that we are the best personal injury lawyer for you, then we will enter into a contingent fee agreement. This means that we only get paid when we win a settlement or jury verdict in your favor. You don't pay us anything up front. We will cover all expenses spent working on your case. Only when we win for you will you need to pay us. If we don't win, then you owe us nothing.

Contact us online now or call us 24 hours a day toll free on 1-800-354-MARK (1-800-345-6-275). You can also call us locally in Fort Worth on 817-294-1900 or in Dallas on 214-327-8000.