Your experience with violating HOS.
Discussion in 'Experienced Truckers' Advice' started by TallJoe, Dec 11, 2017.
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Google maps. It's a gps app with real time traffic updates for phones and tablets. Its not truck specific so some common sense is needed but it's great to alert you to ever changing traffic conditions and road closures.OLDSKOOLERnWV Thanks this.
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Thank you Spyder, never heard of it but is interesting.
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You're knowingly violating your HOS. Car driver comes up on you drunk or texting and runs into you. You're not violating any other laws. No speeding then and no speeding anytime in the past 15 minutes. Driver dies. Guess what? You're going to jail for manslaughter. You were violating the law, and that fact can be proven when the tattle-tale gizmos on your truck are gone through. Your criminal act got somebody killed, and if you had been obeying your HOS, you wouldn't have been on the road and the car driver would have probably lived, as you wouldn't have illegally been there for him to hit. At least that's what a prosecutor will argue. And it'd probably stick.
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I did hear about these scenarios. "A man commits a suicide throwing himself under your truck and you are at fault as according to HOS you ought to have been 90 miles earlier...." But what if you're in CA on I 15 and run over 55 and you arrive in Barstow area 10 minutes earlier and accident happens there? You're compliant with HOS but still should not get there this early...violating speed limit law, would this logic still apply?
Is it only theory, though? Could you show me one court case, at least some link to a local newspaper, to show a driver incarcerated for manslaughter, caused by his or her "not at fault" accident? Meaning, that the accident happened due to a fault of someone else other than a truck driver. Some precedent to substantiate your claim. I am sure greedy lawyers tried this argument more than once, have they ever succeeded, though? -
I'm reasonably sure you first have to be liable for the accident. I know there was a landmark case somewhere because a car full of teenagers had a fatal collision with a drunk driver parked at a red light years back. As I recall the drunk driver got off both criminally and civilly and he was wealthy enough that they were absolutely going after him with the same intensity they would pursue a trucking company.
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I think so too. It would be too much of a stretch to charge someone with a manslaughter simply because his geographical whereabouts do not agree with a paperwork. However, the Law surprised me more than once....but more in civil cases, not criminal matters.
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It isn't that cut and dried.
It's not that cut and dried. The high profile cases I've seen involved a lot more. People are prone to leaping to conclusions based off a one paragraph summary of a verdict when there was actually hours, days, even weeks of evidence and testimony submitted. Generally news reports allow comments by both parties. So the driver focuses on the one that died had been drinking and records shows had been texting while driving. The prosecutor focuses on the log violation. That's the deciding factors for both, why they don't doubt they were right. The actual deciding factor might have been the skid marks headed for the ditch, the impact marks on the passenger side of the trailer showing clearly the driver changed lanes in front of the one that died. Honest mistake? Not with that violation.
The moral is if you're going to knowingly violate HOS then don't kill someone while doing so. If you can't assure that you have no business on the road. -
In case of manslaughter, the lack of HOS compliance will sure add weight to the driver's fault and the consequent sentence, but still, a manslaughter is a manslaughter and there is no escape from consequences whether you HOS compliant or not.
STexan Thanks this. -
Well..., I have to admit it that I may have been mistaken with my own reasoning....
There is a story, I thought, I had once heard about....the man falsified his logbook, however, it could be argued that it was not his fault to have caused the crush. Here's the link to the story.
1999 Bourbonnais, Illinois, train crash - Wikipedia
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