EOBR a bad thing? See this..

Guntoter · May 10, 2012

EASTERN EUROPEANS !!!

They have already ######### up trucking in Australia and Western Europe. Now they are doing it to us.

They have a great work ethic, but they can not understand that we must have HOS rules. Most of them are happy to drive 15 hours a day 7 days a week. They will only bring BAD press to our industry.

last 1 · May 10, 2012

As long as the jury is 12 of my piers...... a little fat, some what out of shape, kinda of balding, anal retentive about maintenance, truck appearance and regs, AMERICAN truck drivers..... I'll take my chances.

vangtransport · May 10, 2012

Cowpie1 said: ↑

True, this idiot and others like him, an EOBR will not be any different. But for those of us that got into a pickle and would happen to run into that ambulance chasing lawyer that wanted to give your logs an anal exam, an EOBR would really cover your bacon. Remember, any paper log with so much as a minor mistake, can be construed in court to show you were trying to falsify. It isn't what a lawyer can prove or disprove, it is what he can make a jury believe.
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Never thought about it as a tool to protect a driver. Excellent point!!

revelation1911 · May 10, 2012

Cowpie1 said: ↑

True, this idiot and others like him, an EOBR will not be any different. But for those of us that got into a pickle and would happen to run into that ambulance chasing lawyer that wanted to give your logs an anal exam, an EOBR would really cover your bacon. Remember, any paper log with so much as a minor mistake, can be construed in court to show you were trying to falsify. It isn't what a lawyer can prove or disprove, it is what he can make a jury believe.
Click to expand...

Well evidently you've never been sued before? 95% of cases are settled before they go to trial. A eobr would play very little part in any of it.
You have what I call "victim factor" the more useless they are the more they are worth in death. I'll give you a example you have a wreck and kill a middle aged working white male maybe a few hundred thousand, You wreck an kill a black female that has never worked and has eight welfare drawing offspring and thats in the millions. Thats what I refer to as victim factor.
This is reason Our insurance is so high too, insurance carriers rather pay out than fight cause it's cheaper and they just cancel or up your premiums.
Only thing a eobr will do is moniter you! I was tired of being monitered when I was ten.

Cowpie1 · May 11, 2012

revelation1911 said: ↑

Well evidently you've never been sued before? 95% of cases are settled before they go to trial. A eobr would play very little part in any of it.
You have what I call "victim factor" the more useless they are the more they are worth in death. I'll give you a example you have a wreck and kill a middle aged working white male maybe a few hundred thousand, You wreck an kill a black female that has never worked and has eight welfare drawing offspring and thats in the millions. Thats what I refer to as victim factor.
This is reason Our insurance is so high too, insurance carriers rather pay out than fight cause it's cheaper and they just cancel or up your premiums.
Only thing a eobr will do is moniter you! I was tired of being monitered when I was ten.
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That is true regarding most cases are settled out of court. And it is also true that for those situations, the EOBR or paper may not make any difference. Still doesn't negate the fact of what I stated in that instance where a case does get to a jury. And the record of actual vehicle location, recorded by the EOBR, along with the vehicle data as recorded by the ECM, can make a settlement work more in the defendant's (or their insurance carrier's) favor as well. And something that most people have no knowledge of, is that the ECM in every auto since the application of airbags, also records what the vehicle was doing, just like the ECM in commercial trucks. That can work in the defendant's favor as well.

I am against mandatory EOBR monitoring as well. I never have been on record at for it as a mandatory device. I like it. It works for me. But that is voluntary. A mandate flies in the face of at least 2 amendments in the original Bill of Rights in the Constitution. Maybe not in the eyes of modern legal system which ignores the constitution and 1000 years of common law, and instead relies on previous case law jurisprudence as developed by Harvard in the 1840's.

I guess, I prefer to see how something can work in my favor instead of always cursing about some new technology. It is when government gets involved, that everything gets messed up.

revelation1911 · May 11, 2012

Cowpie1 said: ↑

That is true regarding most cases are settled out of court. And it is also true that for those situations, the EOBR or paper may not make any difference. Still doesn't negate the fact of what I stated in that instance where a case does get to a jury. And the record of actual vehicle location, recorded by the EOBR, along with the vehicle data as recorded by the ECM, can make a settlement work more in the defendant's (or their insurance carrier's) favor as well. And something that most people have no knowledge of, is that the ECM in every auto since the application of airbags, also records what the vehicle was doing, just like the ECM in commercial trucks. That can work in the defendant's favor as well.

I am against mandatory EOBR monitoring as well. I never have been on record at for it as a mandatory device. I like it. It works for me. But that is voluntary. A mandate flies in the face of at least 2 amendments in the original Bill of Rights in the Constitution. Maybe not in the eyes of modern legal system which ignores the constitution and 1000 years of common law, and instead relies on previous case law jurisprudence as developed by Harvard in the 1840's.

I guess, I prefer to see how something can work in my favor instead of always cursing about some new technology. It is when government gets involved, that everything gets messed up.
Click to expand...

Most juries wouldn't be smart enough to understand any of thr data stuff anyway, comes down to theatrics in the end. I had a wrongful death judgement against me about 20 years ago for 100,000. the dearly departed was drawing disability when he was able to work, alcholic, drug addict and torrmented his family. After he was gone he grew angels wings accorfding to them. I called the billboard lawyer up and asked did they discover the deceased laid "golden eggs" at the autopsy? They never got a dollar out of me lawyer wasted his time filing case.

TankerYankr · May 14, 2012

last 1 said: ↑

As long as the jury is 12 of my piers...... a little fat, some what out of shape, kinda of balding, anal retentive about maintenance, truck appearance and regs, AMERICAN truck drivers..... I'll take my chances.
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Just remember that a jury is made up of 12 (plus any alternates) people that arn't smart enough to get out of jury duty!

last 1 · May 15, 2012

TankerYankr said: ↑

Just remember that a jury is made up of 12 (plus any alternates) people that arn't smart enough to get out of jury duty!
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Good point

Scuby · May 15, 2012

The guy in the story and outlaw companies is one of the big reasons why EOBR's will become manadorty for everyone. Yes I believe it'll help us drivers who run legal as well. Mostly from the shipper/reciever and office side. EOBR's hopefully will force shippers/recievers to load and unload quicker. Also hopefully it'll force load planners to actually do there jobs. Also hopefully it'll force dispatchers to assign loads when they are suppose to be p/u,not 2 or 3 days later making these loads "hot". Yeah I know some drivers don't like to told when they can drive. The HOS don't tell drivers when they can drive,only for how long. There are days when I'm feel able to drive more than the 11 hours,but there are days when I'm tired after driving 6 hours.

revelation1911 · May 15, 2012

Scuby said: ↑

The guy in the story and outlaw companies is one of the big reasons why EOBR's will become manadorty for everyone. Yes I believe it'll help us drivers who run legal as well. Mostly from the shipper/reciever and office side. EOBR's hopefully will force shippers/recievers to load and unload quicker. Also hopefully it'll force load planners to actually do there jobs. Also hopefully it'll force dispatchers to assign loads when they are suppose to be p/u,not 2 or 3 days later making these loads "hot". Yeah I know some drivers don't like to told when they can drive. The HOS don't tell drivers when they can drive,only for how long. There are days when I'm feel able to drive more than the 11 hours,but there are days when I'm tired after driving 6 hours.
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The only thing it will help is you out of more money. Think of it like this, imagine a set of eyes watching you every minute of everyday?
Do you want a set of eyes watching you everytime you take a dump?
Bring up some emotional reason to try and justify violating my rights?
Trying videoing you every movement for a couple days and show them online and see if you still want to be monitered?

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