Running illegal + accident = jail?

These sorts of scenarios really scare me. Makes me not want to truck drive. No excuses for not being professional but what if it was accidental? can you still see jail time?

I have yet to start which is why I am asking.

 

Just an education, "illegal" as being a violation of law. Jail time requires a person to violate CRIMINAL LAW. There is criminal laws which applies to operating a motor vehicle. DUI, Reckless, Negligent, Suspended License no license, vehicular homicide/manslaughter. Doing an illegal u-turn will not put someone in jail. The proper term is unlawful. Illegal generally applies to crimes where a sentence of imprisonment can apply.

Running beyond HOS will not land you in jail. Neither is running overweight, etc. Now if you get in a serious injury or fatal accident, can these contribute to above mentioned charges based on totality of circumstances? Yes it CAN.
Don't get all wrapped up on the mighty "federal laws". Yes, you can lose your CDL, let's not make that a light issue. And it's Federal Regulations per US DOT not law under US code.

Just a note, you see the 8 USC 1001, signing certain forms where is you provide false statements you can be fined or imprisoned. That signature has to be made with the intend to knowingly defraud and misrepresent. And you have to have obtained (past tense) a significant benefit from doing so. If such were the case 80% of us would go to jail when we sign our 1040. It's more for those who got a home loan using someone else's name.

 

I have read a lot of opinions but few facts. FACT you as a driver of a CMV can be jailed for ANY illegal operation of said CMV. Speeding or otherwise driving recklessly that causes a DOT reportable accident where another is hurt or killed can get you locked up.

However this is up to the courts at sentencing.

 

I agree with the previous poster about the difference between illegal and unlawful. From what I have observed if you are in an accident and it is your fault while driving a CMV you already have incurred legal liability. What is going to determine possible jail/prison time will be the elements of the case. Where you drunk, did you drive reckless? As I have stated several times in these forums. I know several drivers that got prison time arising out of accidents. Another thing to remember is unless your situation is unique the case will be in a state court and you will be held to state laws. What this means is your location is another determining thing.

 

I will add is not already understood, as a CDL driver driving a CMV, you will be scrutinized more in an accident. I sometimes try to wrap my head around that and sometimes leave shaking my head. But yes, CMV operators have come out bad. The last I recall was a cement truck driver killed some people on their Harley's sitting at a stop light. He got jail time. The reason; toxicology showed meth and I believe weed in his system. Actually from the onset he was in the wrong 100%. I believe in just about any fatality or serious injusry a blood draw will come from such. Just that as a CMV operator expect the book thrown at you.
On the other side, in a civil case, you are a super clean never drink or drugs driver, you T-bone a van full of nuns and orphans. Even though your dash cam showed you had a clear stale green light, and the van driver a recently drug recovering illegal alien who just got out of prison for vehicular manslaughter and diagnosed with narcolepsy, you still will be looked at hard regardless. DPS/state patrol will absolve you of any wrong doing, doesn't clear anyone of a civil litigation. Another animal all together. Because you run a big rig with bigger rig insurance, you are a target. If it makes it to trial they only need to convince 7 or the 12 idiots on a jury, which consist of 16 people not smart enough to get out of jury duty in the first place (all 12 must convict on the criminal side). A plaintiff's attorney will bring up everything about you no matter how irrelevant it really is. Did you go out and party last weekend? Preoccupied with a divorce or child custody? Worried that wife will find out your weird sex fetishes? Anything to give doubt that you were attentive and at your best while at the wheel. They'll exploit every prior violation and if you are in your company's policy violation.

It is what it is. Learn to minimize your liability at all times. Dash cams? As long as it covers you as a good driver, are awesome. I believe it has helped many drivers than hurt. And accidents are just that. Have good insurance maybe add a personal coverage for your own attorney.

 

I add something to this, the feds rarely get involved with things like falsified logs, that is too much of a waste for them.

Most of the regulations that are put in place by the FMCSA when it come to drivers is only applied through the states because they have control of the drivers license system, not the feds. IN some states those regulations are foundations for their laws.

On top of that, most of the illegal acts done with CMVs don't land people in jail as the norm, if someone ends up there, then there are other circumstances that led to their holiday.