I have heard that a Trucker can be found liable for an accident that he was involved in but DID NOT CAUSE simply because his log book was incorrect and he "shouldn't have been there" at the time of the accident. Can any one tell me what this is about and if that is true?
You shouldn't have been there ruling
Discussion in 'Trucker Legal Advice' started by boatbum, May 26, 2009.
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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.
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are post trips still required on the log book ?
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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? -
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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?dancnoone, otherhalftw, FriedTater and 2 others Thank this. -
In answer to the post trip inspection; only if there is no inspection booklet used where you work, our log sheets no longer have the inspection on the back of the log sheets, it's supposed to get the problems to the mechanics sooner than waiting for you to turn in your logs. You need to flag inspection with a period of time at the end of the day or the end of your trip on the on duty not driving line, this can be after the 14 hour window has elapsed.
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psanderson and Mastertech Thank this.
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