Here is what must be done when a lawyer gets a case. Immediately send a letter by certified mail to the safety division of the trucking company requesting that they retain the log books and that they not be altered, modified or changed in any way. In your correspondence cite 49 CFR 395.8(K), dealing with retention of drivers record of duty status. If you do this and the carrier fails to produce the driver's logs, you should be able to get a charge of spoliation. O.C.G.A. 24-4-22. Request all 180 days prior to your letter. It is imperative to request all of the operational documents associated with each trip that the driver made up through the time of the wreck.
Recommended Link:
Parents Against Tired Truckers (PATT)
P.O. Box 209
Lisbon Falls, Maine 04252-0209
http://www.patt.org
patt@biddeford.com
PATT is an impressive national organization fighting against truck driver fatigue. They have received widespread media attention and won multiple civic awards. They have a large following of thoughtful truck drivers who are interested in facilitating a change within an industry that has an employee turnover rate in excess of 100%. Truck drivers do not enjoy the full protections of the FLSA.
Quentin is part of a group of truck safety advocates that can provide professional services to lawyers involved in litigation regarding trucks. Their team consists of 2 trucking company owners, 4 drivers, safety engineer, truck lease accountant, truck mechanic foreman, retired trucking safety officer (past trucking insurance underwriter), and a trucking freight insurance surveyor.
qlewton@dakotacom.net
This is advice for home educational use only, consult with an attorney before taking any legal action.