Have you or someone you know been injured in a truck accident that wasn’t your fault? You deserve to be paid for your injuries and the mental and emotional trauma inflicted upon you.
The attorneys at The Benton Law Firm have spent years helping people just like you in Dallas, TX, get the compensation they’re entitled to after they were injured in truck accidents through no fault of their own. Call us today at (214) 777-7777 or contact us online for a free review of your case.
What’s In a Truck Driver’s Log?
A driver’s log is a record that must be kept by every truck driver. It includes the hours the truck driver spends driving, resting, and sleeping. It also includes the miles they drive, where they travel to, and details for every hour in each 24-hour period.
Why Are Truck Driver’s Logs Important After an Accident?
Truck driver’s logs are one of the first things looked at after a truck accident because they can help an investigator understand the potential cause of the accident.
Trucking is an $800 billion industry. A large portion of the country’s goods from commerce is moved throughout the interstate by trucks. Because of its scale and importance to our way of life and the economy, the trucking industry is governed separately by agencies who issue laws, rules, and guidelines specific to its operation.
While the United States Department of Transportation is responsible for America’s transportation overall, the Federal Motor Carrier Safety Administration (FMCSA), which gets its authority from the DOT, is responsible for oversight of the trucking industry. They’ve implemented rules that trucking companies and truck drivers must follow to ensure the safety of themselves and all other drivers.
A major rule enforced by the FMCSA is one that prohibits truck drivers from driving over a certain number of hours at a time and prohibits trucking companies from forcing their drivers to drive more than the maximum number of hours. Generally, truck drivers are only allowed to drive a maximum of eleven hours after having rested or slept off-duty for ten consecutive hours. They must also take 30-minute breaks after driving for eight consecutive hours.
This is why the truck driver’s log is important. If a truck driver properly maintains and updates their log with the required details, the log can tell us whether the truck driver was following the hours of service rules. If they were not following the hours of service rules, they and/or their employer can be held liable for the accident and, as a result, must compensate you for your injuries. The employer might have liability if they violated the rules by requiring the driver to disobey the hours of service rules because they had to meet a deadline.
Compensation for Truck Accidents
You can receive compensation from the truck driver and/or their employer for causing your truck accident. You can be compensated for your injuries, both physical and emotional, and the consequences and effects of your injuries on other aspects of your life.
You may likely receive two types of damages, or compensation, for your injuries: economic damages and noneconomic damages.
Economic damages are compensation for costs that have an objective, calculable value. These costs include the medical treatment you received and any medical treatment or rehabilitation you may need to continue your recovery from your injuries. Economic damages also cover any loss of income you have as a result of receiving treatment and recovering from your injuries, as well as any future loss of income or earnings you suffered as a result of your injuries. In addition, you can receive economic damages for any damage done to your car or other property in the truck accident.
Noneconomic damages are more abstract in value and subjective because they are meant to compensate you for how the truck accident affected you emotionally and mentally. You may be awarded noneconomic damages for your pain, suffering, and mental anguish that resulted from the accident. If your injuries have negatively impacted the quality of your life so that you’re no longer able to do and enjoy the same things you did prior to the accident, you may receive noneconomic damages for that loss.
You may also be awarded exemplary damages, or punitive damages. These damages are reserved as punishment for the actions of an at-fault party, where they acted with fraud, malice, or were grossly negligent. Exemplary damages in Texas are rare because they require clear and convincing evidence that the driver acted in such a way.
It’s also important to remember that in order to receive compensation for your injuries, you must file suit within two years from the date of your truck accident.
If you’ve been injured in a truck accident due to a truck driver’s actions, you may be entitled to compensation. Call the truck accident attorneys at The Benton Law Firm today at (214) 777-7777 for a free evaluation of your case. You don’t have to go through this alone.