I had a truck driver e-mail me yesterday on the subject. This is what he wrote:<\/p>\n
Company only allows 15 min. for pre- and post-trips combined and makes us sign time sheet for 15 min. total time for pre and post, because thats all they pay. I’ve told them they should allow 30 min. per day but not company policy. How can i get them to pay me for that time?<\/em><\/p>\n Sadly, there isn\u2019t much this truck driver<\/a> can do if he is like most truckers. Even though his company is violating federal and state safety rules, he is likely an at-will employee.\u00a0 His e-mail is a good example of the pressure put on so many drivers by bad trucking companies to break the rules. The company should clearly reconsider, because in a jurisdiction that allows punitive damages<\/a>, this company policy may well justify punitives if the pressure to perform 15-minute inspections contributes to a clearly preventable truck accident.<\/p>\n Almost any experienced trucking expert will say it should normally take 30 minutes (at the very least 20) to perform a proper pre-trip inspection<\/a>.\u00a0 This leads to the issue of log books and the contrast between what truck drivers write in their logs and what many actually do in real life.<\/p>\n It\u2019s no secret that log falsification within the industry is rampant, despite attempts by the Federal Motor Carrier Safety Administration and the good motor carriers to curb log violations. Many truckers derisively cal these log books \u201clie books.\u201d\u00a0 It gives you an idea of the scope of this problem.<\/p>\n And it is a problem. Log book forgeries are used to get around hours of service<\/a> violations. Hours of service violations are meant to stop fatigued driving.\u00a0 As the science has shown, a fatigued truck driver is as dangerous in judgment and reaction time as a drunk driver – only this impaired person is behind the wheel of an 80,000 pound tractor-trailer on our roads.<\/p>\n Luckily, lying on log books is pretty easy to spot. Most experienced truck accident lawyers can find it, or the experts these lawyers rely upon will be able to find it, without too much trouble.\u00a0 Normally, it’s a matter of matching up where a trucker says he is with receipts to show he couldn\u2019t possibly be where he said he was at a certain time. Gas, restaurant receipts, etc. are also a great way to show speeding.<\/p>\n The rule that many lawyers should use is 49 CFR \u00a7 395.8(7)<\/strong>: A driver shall certify to the correctness of all log book entries by singing the form containing the driver\u2019s duty status record with his legal name or name of record. The driver\u2019s signature certifies that all entries required by this section are true and correct.<\/p>\n Frankly, the mistake many lawyers make is not emphasizing how big a deal it is to lie on log books. Falsifying logs is a very big deal. Not only is the driver lying to his employer, but he\u2019s lying to the federal government as well. And he is putting all of us at risk.<\/p>\n Remember, \u00a7 395.8(7) treats the signature on the driver\u2019s log the same as an oath or affirmation in court.\u00a0 It requires that all entries on the log are true and correct. This means lawyers shouldn\u2019t simply use log books to impeach the driver\u2019s credibility, but they should also emphasize that lying is the same as lying in court after swearing an oath to tell the truth.<\/p>\n I’ll be back on Thursday with my last “Rules of the Road” blog, which will discuss how important it is for everyone to really know the Federal Motor Carrier Safety Rules<\/a>, in order to stop preventable truck crashes. Related information:<\/strong><\/p>\n Michigan Truck Accident Investigation<\/a><\/p>\n Lawyer Video: Truck Accident Wrongful Deaths<\/a><\/p>\n How to File a Truck Accident Lawsuit<\/a><\/p>\n Previous blogs from \u201cRules of the Road Every Truck Accident Lawyer Needs to Know\u201d series:<\/strong><\/p>\n Rules of the Road: Intro for Truck Lawyers <\/a><\/p>\n Truck Driver Fatigue<\/a><\/p>\n Truck Lawyers: Get Your Hands on Those Discovery Documents! <\/a><\/p>\n Investigate the Trucker’s Background and History<\/a><\/p>\n Truck Driver Qualification Files<\/a><\/p>\n What Truck Accident Lawyers Must Know About Black Boxes<\/a><\/p>\n How to Nab the Tired Trucker <\/a><\/p>\n Why is the Pre-trip Inspection the Most Violated Safety Rule?<\/a><\/p>\n Why Weather is Never an Excuse<\/a><\/p>\n How Trucking Companies Dodge Federal Safety Laws <\/a><\/p>\nWhat Truckers Write in Their Log Books and What They Actually Do<\/h3>\n
Lying on Log Books is Easy to Spot<\/h3>\n
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\n–\u00a0\u00a0\u00a0 Steven M. Gursten<\/a> is a partner of Michigan Auto Law. He is past president of the American Association for Justice Truck Litigation Group, and has received the top reported trial verdict in Michigan for truck accidents. Last year, Steve was named a Michigan Lawyers Weekly Leader in the Law for his efforts in promoting truck safety in Michigan.
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\n– Photo courtesy of Creative Commons, by bfishadow
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