The record of duty status (RODS) is the log that drivers of commercial motor carriers must keep which indicates their hours of service. It is important for a Dallas truck accident claim because it can reveal if the trucker was driving over his/her allotted hours and thus may have been fatigued at the time of your accident, helping secure the evidence that the crash was his/her fault.
In the Federal Code of Regulations § 395.8, the Federal Motor Carrier Safety Administration (FMCSA) sets forth very rigid guidelines regarding logbooks that all truck drivers and truck companies must keep.
The Texas Department of Public Safety reiterates this rule in A Texas Motor Carrier’s Guide to Highway Safety: “Failure to complete or retain the log, or knowingly falsifying logs or other reports, make the driver and/or carrier liable to prosecution.”
Drivers have the option of either handwriting their RODS or inputting the required information into an automatic on-board recording device, though soon all truckers must use automatic on-board recording devices. The statutes require that the entries be current and that they are made by the driver only. Someone else cannot write to them.
The information that drivers must record is specific. Below are some of the pieces of info drivers must include in their log:
The FMCSA sets forth numerous rules for truck drivers that are meant to promote safety on the roads. One of these rules is limiting the number of hours truck drivers are allowed to operate without a break. This helps reduce the amount of fatigue-related truck accidents.
Having detailed RODS helps hold truck companies accountable for their drivers. They are more apt to abide by the rules when they have a detailed log that law enforcement can review at any time.
Plus, should a truck driver ever cause an accident, his driver’s logbook will become evidence in any resulting personal injury claims, especially if investigators suspect fatigue caused or contributed to the accident. If the driver’s log shows he was overstepping the federal rules, the trucking company could be liable for any damages caused by the accident.
If injured in a truck accident, contact an attorney so she can help preserve important evidence such as a driver’s RODS. For legal help in the Dallas area, contact attorney Julie Johnson to schedule a free consultation at 214-290-8001.
