logbook question
Discussion in 'Trucking Industry Regulations' started by shawn_ca, Nov 5, 2012.
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Whew!! Y'all make me glad that I know how much my truck/trailer weighs full of fuel, half tank, and quarter tank. I haven't scaled a load in years!!
Sent from your iPhone via a Galaxy Nexus!DrtyDiesel Thanks this. -
I'm not following you here Meltom. Are you saying I'm a "truckstop" lawyer? As a safety guy, are you actually advocating that routine and required maintenance on a truck is not supposed to be logged "on duty-not driving". Or, are you trying to say Ethan will be alright and this will never be seen by judge or jury? We all hope he doesn't hurt or kill someone, but it happens sometimes, and regardless of fault, the PI lawyers come running. I'm not saying most don't log it, I'm saying no one should admit that on a public forum. 6 hours on duty can screw up a restart, or 70 hour rule real quick. PI lawyers are nasty and ruthless, especially on high dollar insurance limits that trucking companies have. There are many PI firms that specialize in truck cases only, with many more that have specialized divisions fro truck accidents. Everything will be subpoenaed and questioned, including Ethan's neighbors, data from his cell and computer, etc. I know you already know this as the safety guy though.
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No I'm saying Ethan isn't smart, and when he goes to prison I'd like to get a job there.
Arkansas Frost Thanks this. -
I don't like my neighbors.
EthanArkansas Frost and Meltom Thank this. -
I'd also say that we* could probably win this case. I think a jury would be sympathetic to a story of a hard working guy washing his truck during his home time. It's an easy sell, east for a jury to relate to a guy washing his truck during his home time, nice sunny day, family all gathered outside expressing their heartfelt appreciation for Ethan**. Washing the truck, spending some quality time together. It's not all doom and gloom, and most lawyers aren't going to win a case unless their is an established pattern of violation.
*="we" have no actual connection and I will not be representing Ethan in court.
**=I have no idea if Ethan has a family, or if they'd love him enough to express their feelings.DrtyDiesel and Arkansas Frost Thank this. -
Then Morgan and Morgan will love them. For the people. Not trying to be a know it all, by all means, Ethan. However, I have an inside look into the court system, and with todays technology and record keeping, it's very easy to fry someone that is in the wrong, both civilly and criminally, and the burden of proof is lower in civil court compared to criminal court. They'll get you one way or the other.
I'll also add, my great uncle did almost a decade in prison in NY for a truck crash in the early 80's that killed a couple people. -
I understand man, I do.
Ethan -
That all goes by the wayside when the Prosecutor simply states, "If Ethan had logged legally and according to Federal statutes, Ethan and his killer truck wouldn't have been within 100 miles of little Johnny when hew was run over by Ethan's EIGHTY THOUSAND POUND TRUCK, ILLEGALLY driving down the road."
This has been fun, time to make dinner for the wife and kid. -
It doesn't go by the wayside. It's semantics. The regulation are written in such a way that there is room for interpretation. So you're defense would be along the lines of is there a difference between washing your car or washing your truck? All regulations are like that, and since it will be easy to establish that Ethan is a good driver (even if he isn't smart) and values safety. His actions speak much louder than his bravado on the TTR.
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