It was said that "False Logs" couldn't get you in prison!

[Dawn]

Question from Dawn on 11/11/06:
IF a driver is in an accident and death occurs, and the only thing found wrong with the driver was false logs could he be held accountable for the accident? What would the charges be?
2) If the accident occurs injury: What would happen? Example: Taylor University accident (Indiana. It seems the reports are basing the accident on the fact he was false on his logs.
Many drivers out there are under the impression that log books are not a factor in being charged / responsible for the accident. I have always been under the impression the log book is a BIG FACTOR and you can be held accountable! Which is what I preach to my drivers to get them to understand why they must run legal for their "own" protection. I would appreciate any feed back on this.



Answer under FMCSA (Federal) law as of 11/19/06:




Dawn,

This is a very good question.

There are 2 factors that are looked at when a truck driver is involved in a crash.

The first one has to do with criminal charges.

If the Law Enforcement Agency investigating the crash finds evidence of criminal wrong doing, then driver can be charged with a criminal offense. These charges can range from being issued a citation to being charged with murder. It will all be based on the facts found during the investigation. Law Enforcement will look at all the evidence available at the scene as well as all evidence back at the trucking company.

The second factor looked at has to do with civil.

In today's society, people are all looking to get something for nothing. That is why our society is lawsuit happy. It doesn't make a difference whether the truck driver or the trucking company was in the wrong. Lawyers know that trucking companies are required to carry large amounts of insurance. So as a results of this, lawyers are quick to sue the trucking companies because they know that the insurance companies will settle because it cheaper to do this than contest the suit.
Now this is where it gets real interesting. If during the investigation of the crash by the lawyers for the plaintiff's, they find anything wrong, the amount being sued just went way up. Some examples of this would be; the driver was found with a false log book, violated the Hour of Service (driving to many hours or not enough rest), or they found equipment violations that contributed to the crash (such as brakes being out of adjustment). These are also factors that will be looked at during the criminal investigation.

A driver needs to understand that their actions, or lack of, will be looked at under a microscope if they are involved in a crash. So drivers need to be totally in the right when involved in a crash, regardless of whose fault the crash was.

If they are in the wrong, then the driver could face criminal charges as well as a big civil lawsuit.





Thanks for the question. Hope this helps.



Sr. Trooper Monty Dial
Texas Highway Patrol
Commercial Vehicle Enforcement Division
Garland, TX 75043

[Rev.Vassago]

Your point?

[greg3564]

Your point?

That she just won't go away. :?

[ben45750]

Could you imagine going thru life with the name Monte Dial?

[classicxl]

I hope you informed this trooper you would be posting his letter name and information on a public website

[Useless]

I hope you informed this trooper you would be posting his letter name and information on a public website

I think she/he just made it up; strange how the "Sr. Trooper's" writing style is amazingly similar to that of "Dawn"!!

Equally curious is that he uses the term "Texas Highway Patrol" rather than "State of Texas, Dept. of Public Safety"!!

[Dawn]

I hope you informed this trooper you would be posting his letter name and information on a public website

I doubt he really cares since what he sent was the truth and he knew that I had a driver who did not believe me!

[Dawn]

I hope you informed this trooper you would be posting his letter name and information on a public website

I think she/he just made it up; strange how the "Sr. Trooper's" writing style is amazingly similar to that of "Dawn"!!

Equally curious is that he uses the term "Texas Highway Patrol" rather than "State of Texas, Dept. of Public Safety"!!

Because I uh copied and pasted it! You really do not think I am going to e-mail this to anyone do you? l.o.l. I don't think I like to make up stories!
So believe if you would like, again I just hope you understand what your case will be if or whoever chooses to run illegal, if you want to run illegal hey go for it that is your prerogative

HAVE A GREAT NIGHT

[Useless]

I hope you informed this trooper you would be posting his letter name and information on a public website

Dawn:

I doubt he really cares since what he sent was the truth and he knew that I had a driver who did not believe me!
[/quote]

I doubt it even more, because this "Sr. Trooper" exists only in the mind of our local "expert "Dawn" :P

[yoopr]

I hope you informed this trooper you would be posting his letter name and information on a public website

I think she/he just made it up; strange how the "Sr. Trooper's" writing style is amazingly similar to that of "Dawn"!!

Equally curious is that he uses the term "Texas Highway Patrol" rather than "State of Texas, Dept. of Public Safety"!!

It read odd to me also but what do I know :P

[Useless]

You really do not think I am going to e-mail this to anyone do you? l.o.l. I don't think I like to make up stories!

HAVE A GREAT NIGHT

So, how is it that you managed to locate a "Sr. Trooper" who engages in the same type of syntax and grammatical errors as you do??

[Dawn]

You really do not think I am going to e-mail this to anyone do you? l.o.l. I don't think I like to make up stories!

HAVE A GREAT NIGHT

So, how is it that you managed to locate a "Sr. Trooper" who engages in the same type of syntax and grammatical errors as you do??

Well I have my ways "Useless" it just takes a little time

[devildice]

I doubt it even more, because this "Sr. Trooper" exists only in the mind of out local "expert "Dawn"

Got to agree with you 100% on this Useless.....as we Texans know there is no such entity as "Texas Highway Patrol", they call themselves DPS.

You would think that if a person is gonna lie about something, they would do their homework first and ensure ALL the facts are correct.

[Useless]

You would think that if a person is gonna lie about something, they would do their homework first and ensure ALL the facts are correct.

She/he hasn't bothered to do that yet, D/D!! Why should she/he start now?? :P

[Rev.Vassago]

Actually, I've heard of Monty Dial before. He is in the Ask The Law program from Ol Blue USA.

But, as I asked before, and was ignored by Dawn - what is your point? Nothing he says supports your arguement.

[Useless]

But, as I asked before, and was ignored by Dawn - what is your point?

There is no point, Reverend!!... just more ramblings from a self-styled "expert"!!

Nothing he says supports your arguement.

Why should that surprise you?? There is no such thing as the "Texas Highway Patrol"!!

The whole "letter" from "Sr. Trooper" Dial was fabricated by "Dawn".

If you are going to sit around waiting for "Dawn" to make some kind of valid point, you'd be better off sitting around awaiting The Second Coming of Christ!! (The Second Coming is likely to come far sooner!!)

I have still not figured out how posers like this guy "Dawn" and this other poser ""Myth Buster" have somehow concluded that we are all sitting in such dire need of their unsolicited, flawed, and imaginary "expertise"!!

[yoopr]

Anybody care to find me a "Beating a Dead Horse" Icon? :P

[Jackrabbit379]

Yeah,Rev,I just searched him,and the Ol'blue,USA site came up. I reckon,its legit,but that is the first time that I have seen,"Texas Highway Patrol." Must be a new division. Maybe it replaced,Texas Department of Public Safety. :|

[greg3564]

The bottom line is this: If you falsified your log, you can be cited for that offense. HOWEVER, if the accident caused death you still can only be cited for a log violation. The log citation in NO WAY would lead to a murder charge. A murder charge would be the result of willful and negligent actions.

It's not like a DPS trooper is going to sit there and think "A trucker killed someone and I'm going to let him go. Wait a minute there's a log violation! Holy sh*t now I'm going to arrest him for murder!"

Now would log violations be prosecuted and used as evidence should a driver have an at fault fatal accident? Yes, just like they would use any past tickets, accidents, etc. as evidence too. But log violations don't automatically equal murder charges.

Dawn, Don, Tom, whatever...can you please offer your opinion when asked instead of randomly posting your "expertise" at will.

[madii'swife]

Yeah,Rev,I just searched him,and the Ol'blue,USA site came up. I reckon,its legit,but that is the first time that I have seen,"Texas Highway Patrol." Must be a new division. Maybe it replaced,Texas Department of Public Safety. :|

Before now I've been following this thread out of sheer amusement value and not much else. However, we have always referred to state troopers as "highway patrol". That's what their offices are called in Oklahome, and I guess coming from there we just assumed. Isn't that what the cars say on them down here too? Texas Highway Patrol? I guess maybe not though you'd never have proved it by me