Truck drivers are required to maintain a log of their driving activities. The entries include driving hours, sleeping berth hours, non-working hours, and nondriving work hours. The information documents a driver’s compliance with the US Department of Transportation’s (DOT) regulation that limits a driver to 11 consecutive hours of driving in a 14-hour period, following 10 straight hours of rest.
If electronic log books are used, drivers must still carry a paper log book in case the electronic form malfunctions. An uninterrupted record is essential to establishing compliance with regulated hours of service (HOS). The role of logbooks in Baton Rouge truck accident cases is crucial to establishing drivers’ mental acuity at the time of an accident. An experienced personal injury lawyer can help clients access and review a driver’s logbook.
Establishing Liability for a Truck Wreck
Louisiana is an at-fault state, requiring the injured parties to prove that the other’s negligence caused an accident. Establishing negligence requires evidence such as the following:
Police Reports
Anyone involved in a truck accident must report it to the local authorities if there are injuries or more than $500 in property damage. The responding officers assess the accident scene, issue citations, if necessary, and add investigative notes. This information is where most accident claims start.
Witness Statements
Witness statements can provide useful details surrounding an accident. If possible, gather contact information so a knowledgeable personal injury attorney can follow up.
Physical Evidence
Video, photographs, and traffic cam footage can provide visual evidence of a truck accident. Pictures of the accident scene can reveal road and weather conditions at the time of the accident. They can show the line of sight for all drivers.
Expert Assessment
Truck accidents can be complex. Truck drivers may be partially responsible, but a trucking company may have contributed because of poor maintenance programs or overweight loads. Experts can help explain the elements that contributed to a truck accident.
Logbooks also play a vital role in determining liability for Baton Rouge commercial vehicle wrecks.
Logbooks and Truck Accidents
Logbooks play a vital role in Baton Rouge truck accident cases, serving as critical evidence when determining fault. Truck drivers and companies are legally required to maintain accurate records of driving hours, rest breaks, maintenance checks, and cargo loads. These logs help ensure compliance with federal and state safety regulations, such as limits on hours of service to prevent fatigue-related accidents. In the aftermath of a crash, inconsistencies, falsified entries, or violations within these records can establish negligence on the driver or trucking company’s part. An experienced attorney can analyze logbooks to strengthen a case and secure rightful compensation for injured parties.
Does Louisiana Have a Statute of Limitations?
Most states limit the time an injured person can file an insurance claim or personal injury lawsuit after a truck accident. This period is known as the statute of limitations, or prescription period in Louisiana. Individuals involved in accidents occurring after July 1, 2024, have two years from the accident date to pursue compensation. Accidents before July 1, 2024, have a one-year prescriptive period. Missing the deadline usually results in losing the right to compensation.
Contact a Baton Rouge Attorney to Learn About the Role of Logbooks in Truck Wreck Claims
While the role of logbooks in Baton Rouge truck accident cases plays a crucial part in establishing negligence, they are only a piece of the larger picture that an experienced law firm such as Tomeny | Best can propose based on all available evidence. Reach out to our team today to begin building a strong case for the compensation you deserve. Our knowledgeable attorneys will thoroughly investigate your claim, analyze crucial evidence like logbooks, and advocate tirelessly on your behalf.
