Joliet Logbook Violations
Joliet Trial Attorney for Accidents Caused by Logbook Violations
Joliet is the third largest city in the state of Illinois. Located in Will and Kendall counties, it is the county seat of Will County. Its population is roughly 150,362. Roadways that serve the city include United States Route 6,7, and 52, along with state highways 53 and 171. Interstates 55, a major north-south highway for interstate commercial vehicles, and 80, which runs east to west are easily accessed. There were 807 tractor-trailer crashes around the state. Some of these, no doubt, involved logbook violations in which a truck driver had failed to record his status in a logbook, as required by law, and was driving while fatigued. If you were injured, it is crucial to call the trustworthy Joliet logbook violation lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca for a free consultation. We have more than 60 years of experience handling truck accident lawsuits.
Hours of Service Rules
Truck drivers must follow hours of service rules. These rules refer to the maximum amount of time drivers are allowed to be on duty. They also specify the number and length of rest periods to make sure drivers do not drive while fatigued. Every driver who operates commercial motor vehicles on an interstate highway needs to comply with hours of service regulations promulgated by the Federal Motor Carrier Safety Administration (FMCSA). Additional rules must be complied with at the state level.
Failure to abide by these rules, or to otherwise fail to keep an appropriate logbook can lead to a truck driver operating a large and heavy vehicle while fatigued. This can reduce the truck driver’s reaction time to changing road conditions and make it more likely that the truck driver is negligent in the decisions he or she must make to continue safely operating the vehicle.
Liability Based on Logbook Violations
The FMCSA requires drivers who operate commercial motor vehicles on interstate highways to record their duty status in a logbook. Logbook violations may occur when a driver does not use an electronic logging device though they are required to do so, when a driver falsely reports what happened in a logbook entry such as when the driver realizes that he’s violated hours of service rules and is trying to cover them up, innocent error by a truck driver, or failure to keep a logbook or record duty status. In some cases, our lawyers are able to show a logbook violation by looking at the contrast between information that appears in the truck’s black box, which records movement, and the logbook.
In order to show liability in connection with a logbook violation, we will need to prove it’s more likely than not: (1) you were owed a duty of care by the truck driver, (2) breach of the duty of care by failing to keep a proper logbook, (3) causation, and (4) damages.
The amount and nature of damages to which you may be entitled depends on the injuries you sustained in the accident. Our attorneys are typically able to recover larger damages awards for catastrophic injuries, the ones that cause severe and permanent damage to the victim. Catastrophic injuries include spinal cord damage, amputation, blindness, serious brain injuries and loss of a limb or eyes. Damages for these harms can include reimbursement for past, present, and future losses, whether economic or noneconomic. Economic damages may include lost wages, medical bills, replacement services, and out-of-pocket costs. Noneconomic damages could include pain and suffering, loss of enjoyment, and more.
When logbook violations are egregious and intentional falsifications, it may be appropriate to seek punitive damages, which are damages intended to punish and deter misconduct.
Consult a Joliet Truck Accident Lawyer
If you were injured in a truck crash and suspect the truck driver was fatigued or may have been working long hours, you should call the seasoned Joliet truck accident lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. We have more than 60 years of experience advocating for accident victims in court and investigating discrepancies in truck drivers’ accounts after an accident. We also handle SSDI claims and workers’ compensation claims. Call us at 312-724-5846 or complete our online form.