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
