Truck Driver Logbooks
Holding a truck driver legally responsible for causing a collision requires proving their fault for the accident. At Therman Law Offices, we represent people injured in truck accidents as they pursue damages from at-fault parties who have caused or contributed to their harm. Evidence that shows a driver’s careless or reckless conduct can support a finding of negligence, which is the basis of many truck accident legal claims. Our Wheaton and Schaumburg truck accident attorneys are well-versed in the federal and state regulations that govern truck drivers and their employers. We are committed to seeking maximum compensation for our clients, bringing together over 35 years of experience to provide efficient and compassionate legal advocacy.Demonstrating Liability in a Truck Accident Case Using Truck Driver Logbooks
Negligence is a legal theory that can be used to hold truck drivers accountable when they fail to use the level of care required for the circumstances and cause a collision. A successful personal injury plaintiff can recover damages, which typically cover medical costs, wages from missed work, and emotional pain and suffering. In demonstrating negligence, the truck accident victim is proving legal fault for the accident.
To prove negligence, the plaintiff must set forth evidence supporting the following elements: duty, breach, causation, and damages. Regarding duty, truck drivers owe a duty of care to avoid harming others on the road. This includes obeying state and federal trucking rules, including those of The Federal Motor Carrier Safety Administration (FMCSA). When a driver violates a law intended to protect other motorists, passengers, and pedestrians, it may be deemed a breached duty of care. If this violation directly causes an accident and damages, the victim likely has a strong argument that negligence has occurred. A driver using reasonable care behind the wheel would not violate a regulation, since such conduct places others in danger. A skilled truck accident lawyer can assess the facts of your case to determine whether a breach of duty occurred in your case.
A truck driver logbook can be essential in proving a negligence claim. A logbook holds information regarding hours and mileage traveled, as well as other data relating to technical aspects of the vehicle. The purpose of the logbook is to show that hours-of-service rules were met. If the driver altered their information in order to make it look as though they took a rest period when in fact they did not, they may face both civil and criminal charges for any resulting harm caused by their violation.
Violating an hours of service regulation may constitute a breach of the driver’s duty of care. If fatigue contributed to the collision, the logbook entry may support the claim that this breach directly caused the crash. In some cases, logbooks also indicate technical issues with the truck or the tractor-trailer, which can cause dangerous collisions and injure others. This can also lead to liability for a manufacturer or other parties.
As the final element of a negligence claim, the victim sets forth their losses resulting from the collision. The devastation following a truck collision tends to be extensive, and truck drivers are required to maintain liability insurance for accident costs. Injured individuals are encouraged to keep all receipts in order to receive compensation for accident-related costs, such as lost income and costs for physical therapy and rehabilitation, property damage, and emotional suffering.Trucking Company Liability
In addition to negligence, legal theories such as respondeat superior may be used to hold the truck driver’s employer responsible following an accident. An employer may be liable for the conduct of their employee if they knew or should have known that a driver had a history of falsifying their log book, for example, or if they failed to oversee their employees and ensure that they were completing log book entries.Truck Accident Attorneys Serving Schaumburg and Wheaton
At Therman Law Offices, our Wheaton and Schaumburg lawyers understand that every injury case requires careful analysis of the circumstances surrounding the accident. The evidence central to your claim for damages may involve truck driver logbooks, and we can help you to pursue compensation for your past harm, as well as costs for any anticipated future care you may require. If you or someone close to you was injured in a crash caused by a negligent driver, we can help. We represent people in Arlington Heights, Elgin, Streamwood, Bartlett, Hoffman Estates, Bensenville, Hanover Park, Wood Dale, Roselle, and Bloomingdale. To learn more about the details of your case and next steps, call our office at 312-588-1900 or contact us online.