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Truck Accidents-Driving Time

Fairfax Injury Lawyer Brien Roche Addresses Truck Accidents-Driving Time

Brien Roche

The U.S. Dept. of Transportation on 5/14/2020 loosened the rest requirements for truck drivers.  At present there are rules that limit the number of hours that a driver can be on the road.  Those rules are tough to enforce.  They are tough to enforce because the drivers count the hours. Truck accidents-driving time is a controversial issue.

Before this recent rule change, the drivers objectively verified their driving time.  They use electronic logging devices.  Those devices do not lie.  They made it tougher for drivers to falsify the number of hours they are on the road.

Truck Accidents-Driving Time is Critical

The rule change is probably a result of the tightening of those logging requirements.

Drivers complain that the fatigue issue is not related to driving time.  It’s related to waiting and loading time.  Drivers can sometimes wait 20 to 40 hours per week.  That means they’re not driving. However they must monitor their truck while it is being loaded or unloaded.

The new rules allow some wiggle room in that regard.

Brien Roche is an experienced truck accident lawyer.  He serves all of Northern Virginia. This includes Fairfax, McLean, Vienna, Burke, Annandale, Falls Church. Also Reston, Centreville, Manassas, Alexandria, Herndon, Arlington, and Loudoun County. If you have been involved in a truck accident contact us for a free consult.

Truck accident lawsuits are hard fought and complex. Our roadways are loaded with large trucks. They are called 18-wheelers. These are huge vehicles. They occupy their entire lane. Experienced drivers operate these trucks. However these drivers make mistakes.

Truck Accidents-Driving Time Analysis

In looking at this issue there are several things to consider:

  • Credit card receipts at gas stations show date and time and place of purchase. However many facilities have agreements with trucking companies not to show date and time. This info should be available from the credit card company.
  • Some transponder companies do not record date and time of passing tolls. Therefore get this info from the entity that monitors the toll booths.
  • Trucking company manuals are sources of info. They record maximum speeds in various states. This informs drivers as to what time frames they need to record on their daily log. Also the manuals tell the drivers what documents the company is looking at to measure driving time. In other words this is a message to the driver to make sure that the paperwork is all consistent.
  • Some trucking companies only keep driver’s logs for six months. However under the Fair Labor Standards Act they must keep them for two years.
  • Driver inattention. This accounts for nearly 8% of the crashes. Call, or contact us for a free consult.

Investigating The Truck Accident

In investigating these crashes, aside from focusing on the causes consider the following:

Truck Accidents-Driving Time and Electronic Data

  • The black box logs offer a wealth of info. This data must be downloaded.
  • There is other electronically stored info. For instance computer generated bills of lading or fuel receipts. Also other types of electronic communication between driver and dispatcher.
  • Identify anything within the cab that is a source of info. This includes cell phones, texting devices or videos. Also freight tracking equipment and any satellite based navigation or communication system. All of those must be identified. Finally the data must be extracted.
  • When a truck accident occurs the insurance carrier and its lawyers are promptly on the case. However the plaintiff takes time to retain counsel. That lapse is critical. Many important records dealing with the truck accident only need to be retained for six months. Therefore get a letter out to the trucking company requesting that they preserve all records and data relating to this crash. Call, or contact us for a free consult.

Investigation Made Easier

Truck accident investigation is easier with the advent of the Compliance Safety Accountability Program by the FMCS Administration. The data from CSA is available through FOIA. This is designed to identify potentially high risk trucking companies. Also the system uses a number of different factors to provide a rating. Those are:

  • safety of the driver
  • driver fatigue
  • driver fitness
  • use of drugs or alcohol
  • vehicle maintenance
  • cargo problems
  • number of reported crashes

However make sure the data you have relates to the company you are dealing with. When a company changes hands it receives a new DOT number.

In addition, the U.S. has implemented a pre-employment screening program. This is open to carriers relating to potential hires. If the defendant uses that system it will help.

Finally, certain carriers that have been non-compliant with log requirements must have an electronic on-board recorder. These recorders are less susceptible to manipulation. Furthermore in reviewing any data from these recorders look for any audits of this equipment. These identify any changes to the log. Identify who is the current custodian of any such log.

Call, or contact us for a free consult. Also for more information on truck accidents see the pages on Wikipedia. Also see the other pages on this site.

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Truck Accidents-Driving Time

Fairfax Injury Lawyer Brien Roche Addresses Truck Accidents-Driving Time

Brien Roche

The U.S. Dept. of Transportation on 5/14/2020 loosened the rest requirements for truck drivers.  At present there are rules that limit the number of hours that a driver can be on the road.  Those rules are tough to enforce.  They are tough to enforce because the drivers count the hours. Truck accidents-driving time is a controversial issue.

Before this recent rule change, the drivers objectively verified their driving time.  They use electronic logging devices.  Those devices do not lie.  They made it tougher for drivers to falsify the number of hours they are on the road.

Truck Accidents-Driving Time is Critical

The rule change is probably a result of the tightening of those logging requirements.

Drivers complain that the fatigue issue is not related to driving time.  It’s related to waiting and loading time.  Drivers can sometimes wait 20 to 40 hours per week.  That means they’re not driving. However they must monitor their truck while it is being loaded or unloaded.

The new rules allow some wiggle room in that regard.

Brien Roche is an experienced truck accident lawyer.  He serves all of Northern Virginia. This includes Fairfax, McLean, Vienna, Burke, Annandale, Falls Church. Also Reston, Centreville, Manassas, Alexandria, Herndon, Arlington, and Loudoun County. If you have been involved in a truck accident contact us for a free consult.

Truck accident lawsuits are hard fought and complex. Our roadways are loaded with large trucks. They are called 18-wheelers. These are huge vehicles. They occupy their entire lane. Experienced drivers operate these trucks. However these drivers make mistakes.

Truck Accidents-Driving Time Analysis

In looking at this issue there are several things to consider:

  • Credit card receipts at gas stations show date and time and place of purchase. However many facilities have agreements with trucking companies not to show date and time. This info should be available from the credit card company.
  • Some transponder companies do not record date and time of passing tolls. Therefore get this info from the entity that monitors the toll booths.
  • Trucking company manuals are sources of info. They record maximum speeds in various states. This informs drivers as to what time frames they need to record on their daily log. Also the manuals tell the drivers what documents the company is looking at to measure driving time. In other words this is a message to the driver to make sure that the paperwork is all consistent.
  • Some trucking companies only keep driver’s logs for six months. However under the Fair Labor Standards Act they must keep them for two years.
  • Driver inattention. This accounts for nearly 8% of the crashes. Call, or contact us for a free consult.

Investigating The Truck Accident

In investigating these crashes, aside from focusing on the causes consider the following:

Truck Accidents-Driving Time and Electronic Data

  • The black box logs offer a wealth of info. This data must be downloaded.
  • There is other electronically stored info. For instance computer generated bills of lading or fuel receipts. Also other types of electronic communication between driver and dispatcher.
  • Identify anything within the cab that is a source of info. This includes cell phones, texting devices or videos. Also freight tracking equipment and any satellite based navigation or communication system. All of those must be identified. Finally the data must be extracted.
  • When a truck accident occurs the insurance carrier and its lawyers are promptly on the case. However the plaintiff takes time to retain counsel. That lapse is critical. Many important records dealing with the truck accident only need to be retained for six months. Therefore get a letter out to the trucking company requesting that they preserve all records and data relating to this crash. Call, or contact us for a free consult.

Investigation Made Easier

Truck accident investigation is easier with the advent of the Compliance Safety Accountability Program by the FMCS Administration. The data from CSA is available through FOIA. This is designed to identify potentially high risk trucking companies. Also the system uses a number of different factors to provide a rating. Those are:

  • safety of the driver
  • driver fatigue
  • driver fitness
  • use of drugs or alcohol
  • vehicle maintenance
  • cargo problems
  • number of reported crashes

However make sure the data you have relates to the company you are dealing with. When a company changes hands it receives a new DOT number.

In addition, the U.S. has implemented a pre-employment screening program. This is open to carriers relating to potential hires. If the defendant uses that system it will help.

Finally, certain carriers that have been non-compliant with log requirements must have an electronic on-board recorder. These recorders are less susceptible to manipulation. Furthermore in reviewing any data from these recorders look for any audits of this equipment. These identify any changes to the log. Identify who is the current custodian of any such log.

Call, or contact us for a free consult. Also for more information on truck accidents see the pages on Wikipedia. Also see the other pages on this site.

Contact Us For A Free Consultation

Contact Us For A Free Consultation