How far back do they look at your logs after an accident?

Discussion in 'Trucking Industry Regulations' started by NewNashGuy, Jun 10, 2014.

  1. bigdogpile

    bigdogpile Road Train Member

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    A good district attorney can make you (the driver) produce your copys up to 7 years IF you claimed the DOT per diem tax deduction on your returns..or whatever you claimed can be subpeoned
     
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  3. Cranky Yankee

    Cranky Yankee Cranky old ######

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    now they are saying the walmart driver was up over 24 hours
    he must have made a statement that he didnt sleeo on his 10 hour break
    seeing they are all on elogs
     
  4. eeb

    eeb Heavy Load Member

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    That depends upon how motivated they are. How bad the accident is, who got hurt/inconvenienced, etc.
     
  5. w.h.o

    w.h.o Road Train Member

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    Geez thats crazy. Why does forgetting to add remark 3 months ago effect my driving today? Didnt know they go that far...
     
  6. eeb

    eeb Heavy Load Member

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    Doesn't necessarily affect your driving today, it's just another violation they can charge you with if they're motivated to do so.
     
  7. gpsman

    gpsman Road Train Member

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    The typical penalty for vehicular homicide is 2 weeks, no dessert, not including weekends*.

    Logbook "errors" are pretty easily discernible from logbook "falsifications", and a prosecutor is most likely going to limit their examination if a habit of questionable entries is not evident... in a criminal case. The rules regarding the "discovery" process in state (or municipal) courts are regulated by the individual states, so there is no "pat" answer.

    In a civil action between private parties where sanctions are limited to monetary awards the standards are different; "a preponderance of evidence" v. "beyond a reasonable doubt".**

    *hyperbole:
    **I am not a lawyer.
     
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  8. walstib

    walstib Darkstar

    Your lawyer will claim 5th for you, YOU PRODUCE NOTHING unless it helps you, ask lawyer, you can't be forced to produce evidence against yourself, however, your company can and will. When it comes to mitigating responsibility, company will not be on your side. Having dirt on them will help! ;-)
     
  9. ironpony

    ironpony Road Train Member

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    That's about a naive a view of the power of a prosecutor as I've ever heard. You kill someone with a big truck, and your logs will be under subpoena in a heartbeat. And I'll add, they should be.
     
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  10. Cowpie1

    Cowpie1 Road Train Member

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    Well, you will have to produce all the evidence that they want if they subpoena it from you. And the prosecution is just one aspect to all of this. There is sure to be civil litigation and a lot of what the Constitution protects you from in criminal prosecution does not apply in civil litigation. Ask OJ.
     
  11. Roadmedic

    Roadmedic Road Train Member

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    The guy who hit the Amtrak train in Bourbonnais, steel hauler, they went back and found a pattern of abuse in all of the six months.
     
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