You shouldn't have been there ruling

If you are in an accident and your log book is not right it is automatically your fault for said reason unless you could prove without a doubt that you had made a mistake and that would be hard to prove. You should not have been there to start with by your logbook = your fault.

 

Contributory negligence can be determined if a driver falsified his logs but not necessarily because he shouldn't have been there . Fatigue can be used as a factor claiming he didn't get the required amount of rest . Repeated violations convince a judge or jury the driver had no respect for laws . You wouldn't believe the amount of info attornies ask for in a discovery . They want complete info on the driver and every truck he has driven for the past 5 years .

 

are post trips still required on the log book ?

 

Same thing goes for restricted roads. If youre on a restricted road and someone hits you, you are automatically at fault. If you are wherever you are not supposed to be, youre at fault.

A driver sees a car slide offroad in the middle of the night. He pulls on the shoulder of the road and sets his hazards, jumps out of the truck and runs downhill to assist the motorist. A drunk comes flying down the highway and hits the back of the trailer and kills himself. Family sues because the driver did not have his emergency triangles out.

That being said, I came rolling through Colorado late one night. I'd just went through the Limon scale stepping west on 70, around a bend, cross a bridge and see a 4wheeler sitting on its roof in the right lane. What would you do?

 

They are required and on duty , so yes .

 

Being a retired federal agent and the eternal pessimist that I am, I wonder if this guy is asking this because he believes he has a lawsuit.

Are you a trucker sir? If not why do you ask?

 

Can you discribe how you hit the truck?

 

I thought the same thing but didn't say it.