4/20/2012When you or a loved one has been seriously injured in an accident with a commercial truck you’re often left looking for answers as to why the accident occurred. When there is no evidence of mechanical failure, aggressive driving, or truck driver intoxication the next type of negligence Georgia truck accident attorneys look for is driver fatigue because of violating the record of duty rules.
Federal and state laws allow for truck drivers to only operate their vehicles for certain consecutive lengths of time after which they must take a mandatory break from driving. There are also restrictions on how many consecutive days a driver may be on duty before a mandated rest of 1 day or more.
The times the vehicle is in operation or off-duty are recorded in 2 ways: digitally and physically. A digital record of duty is produced in most commercial trucks with the use of an electronic on-board recording device (EOBR). This “black box” records:
- the operating status of the truck;
- times; and
- totals for the driver during an operation period.
The records are stored at the motor carrier’s home office and must be made available either digitally or by printed record upon request from a federal, state or local official.
A physical record (driver log book) is required to be kept by truck drivers and should accurately record the same data as an EOBR. However, one of the drawbacks to physical log books is that not only are they more prone to human error or negligence in record keeping, but they are also much more easily altered after the fact.
It is not unheard of for a motor carrier or truck driver to alter the record of duty to avoid being accused of violating federal standards for driving times. When this occurs, producing the evidence necessary to support your injury claim from an accident caused by a fatigued truck driver can become much more difficult.
Truck accident attorneys may be able to help you obtain the EOBR records, which are more difficult to alter, but can also be more difficult to obtain.
Contact Our Atlanta Office for Experienced Truck Accident Attorneys
After a serious or fatal truck accident you and your family may be dealing with the grief of serious injury, loss of a loved one, and financial burdens. During this difficult time it’s easy to get frustrated with your situation – you didn’t deserve to suffer due to the negligence of another!
At The Law Offices of Shane Smith we help accident victims seek justice after they’ve suffered injury and losses due to negligent drivers. We have helped victims in Atlanta and the surrounding areas with cases of accidents caused by drunk drivers, negligent truck drivers, and accidents resulting in serious or fatal injury.
Before making the decision to hire truck accident attorneys for your injury claim, request a copy of our FREE eBooks on DUI car accidents, property damage, and what to avoid in a Georgia car accident claim. Our guides contain valuable information on how to handle filing a claim for serious injuries or wrongful death. When you’re ready to get started on your injury claim, contact us to set up a FREE consultation – 770-487-8999.
Category: Truck Accidents
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