Over hours prison terms

Discussion in 'The Drivers Lounge' started by Sportacus, May 1, 2017.

  1. Sportacus

    Sportacus Active Member

    Messages:
    207
    Likes Received:
    83
    Trophy Points:
    28
    Can anyone supply a news article or proof that a driver has been sent to prison for driving over his hours and had someone driving a four wheeler drunk or not and die or get seriously injured from running into the over hours driver. This relates to an argument I have about protesters and immigrants. I've always heard stories of this happening but can't find examples. Thx
     
  2. pro1driver

    pro1driver I am LAST

    Messages:
    5,844
    Likes Received:
    1,020
    Trophy Points:
    113
    http://www.abc.net.au/news/2017-04-07/truck-driver-jailed-over-cyclists-hit-port-pirie/8426522

    http://www.nbcphiladelphia.com/news...fying-Log-Books-Investigators--150517035.html

    https://www.lawyersandsettlements.c...s/trucking-accident-truck-accidents-semi.html
     
  3. Sportacus

    Sportacus Active Member

    Messages:
    207
    Likes Received:
    83
    Trophy Points:
    28
    Thanks for reply, what I'm looking for is that the only thing the driver did wrong was that he drove past his hours and he was just at wrong place wrong time. For being in that wrong place when that drunk ran that red light and hit the over hours driver, he dies and the driver goes to prison for some sort of vehicular manslaughter. Hope that clears it up. Thx
     
  4. pro1driver

    pro1driver I am LAST

    Messages:
    5,844
    Likes Received:
    1,020
    Trophy Points:
    113
    i tried looking, couldn't exactly put it into a word search.

    however, the trucker would be at fault. the law is specific regarding HOS.

    if he had been taking his break, he'd not have been there. period.

    i'll try again, but i have to word it so that google finds it.
     
  5. pro1driver

    pro1driver I am LAST

    Messages:
    5,844
    Likes Received:
    1,020
    Trophy Points:
    113
    no more luck at this juncture.
     
  6. Sportacus

    Sportacus Active Member

    Messages:
    207
    Likes Received:
    83
    Trophy Points:
    28
    That's what I came up with. Nothin. Always heard stories about it just haven't found any real life stories. I agree with u on how it would be drivers fault because he shouldn't have been there. Thx
     
  7. pro1driver

    pro1driver I am LAST

    Messages:
    5,844
    Likes Received:
    1,020
    Trophy Points:
    113
    many, many years ago, when i was a wrencher, a truck was stopped at a red light, in front of my garage. a lady drunk driver in a mercedes, slammed into the truck rear.

    truck driver was guilty (reported later in the news). he was not supposed to have been there at that time. he fudged his logbook.

    moral to the story, someone else CAN BE at fault, but if our logs do not match our times, we are doomed.
     
    Last edited: May 1, 2017
  8. othertrucker2001

    othertrucker2001 Professional Flummoxer

    Messages:
    2,195
    Likes Received:
    646
    Trophy Points:
    113
    It's always the truck drivers fault. UNLESS he has bottomless pockets. Soooo, it's always the drivers fault. From the bank to the grave, it's the drivers fault.
     
    pro1driver likes this.
  9. pro1driver

    pro1driver I am LAST

    Messages:
    5,844
    Likes Received:
    1,020
    Trophy Points:
    113
    in most other instances, you are innocent until...PROVEN guilty.

    here, we are involved in an industry where our company will give us up on a silver platter, to avoid the massive lawsuits.

    it does me good, when i read such trucking companies, go under. sometime in thier soon to be, short lived future.

    until ALL trcuking companies clamp down and hire only the highly qualified drivers, rather than steering wheel holders, this BS will never stop.

    can anyone imagine all the stuff these clandestine or even mega carriers get away with, before anyone is caught.>????
     
    flybynite likes this.
  10. seabreeze

    seabreeze Not Well Known Member, 60 Year Teamster Member

    Messages:
    1,351
    Likes Received:
    1,582
    Trophy Points:
    113
    I would have doubts about this, but I wouldn't bet the farm either.
     
  11. DCM_Doc

    DCM_Doc Well-Known Member

    Messages:
    2,744
    Likes Received:
    2,376
    Trophy Points:
    113
    I know my employer has paid out of court settlements when it was not at fault in an accident to avoid taking a chance at paying a large settlement.
    If you are in violation in any way whether out of hours or equipment condition infraction & you are involved in an accident an ambulance chasing lawyer can persuade a jury that you are partially responsible.
     
    pro1driver and BIG R GUY like this.
  12. seabreeze

    seabreeze Not Well Known Member, 60 Year Teamster Member

    Messages:
    1,351
    Likes Received:
    1,582
    Trophy Points:
    113
    You're right about this, I think most large companies operate like that, with the right ambulance chaser, who knows?
     
  13. Sportacus

    Sportacus Active Member

    Messages:
    207
    Likes Received:
    83
    Trophy Points:
    28
    There was a fatality accident involving a big truck and a pedestrian. Don't know any details yet. But just assuming the person was walking along the interstate u could use the same logic as the logbook situation. It is illegal for a person to walk along the interstate therefore if the big truck hits them then the driver can not be held responsible because the pedestrian shouldn't have been there in the first place just like the person who drives past their logbook. Right or wrong just using the same logic that was used to throw the driver in prison. If he ain't there nothing would have happened. Just sayin.
     
  14. joes bar and grill

    joes bar and grill Well-Known Member

    Messages:
    3,246
    Likes Received:
    2,484
    Trophy Points:
    113
    You're talking about a civil matter, jail time would require it to be a criminal matter.
     
  15. joes bar and grill

    joes bar and grill Well-Known Member

    Messages:
    3,246
    Likes Received:
    2,484
    Trophy Points:
    113
    Kinda what came first, the chicken or the egg.
     
  16. DCM_Doc

    DCM_Doc Well-Known Member

    Messages:
    2,744
    Likes Received:
    2,376
    Trophy Points:
    113
    I was referring to the financial award the jury often gives to those involved in truck accidents when the commercial driver was not at fault but the accident investigation found safety violations on the commercial vehicle.
    I was involved in an accident that was not my fault. There were no violations found but lawyers certainly looked for some.
     
  17. BIG R GUY

    BIG R GUY Part time Coop Dispatch driver

    Messages:
    7,303
    Likes Received:
    7,831
    Trophy Points:
    113
    Weren't you blamed 30 percent at fault,just for being there?
     
  18. DCM_Doc

    DCM_Doc Well-Known Member

    Messages:
    2,744
    Likes Received:
    2,376
    Trophy Points:
    113
    If there had a violation my employer certainly would have had to write a check.
     
  19. joes bar and grill

    joes bar and grill Well-Known Member

    Messages:
    3,246
    Likes Received:
    2,484
    Trophy Points:
    113
    True, that makes it a civil matter, no jail time, only money, jail time requires it to be a criminal matter. Look at OJ, he was found not guilty at his criminal trial, but guilty at the civil trial because the standard is lower.
     
    DCM_Doc likes this.

Share This Page