Daily log requirements for commercial drivers

On behalf of Rooz Law posted in Truck Accidents on Friday, October 24, 2014.

In order to protect truck drivers and the public, Canada requires commercial drivers to drive a specific number of hours and take regular breaks. These measures are meant to prevent fatigue, a significant risk factor for truck accidents. To ensure that these regulations are being followed, commercial drivers are required to keep logs.

The logbook should be filled out on a daily basis and should track the driver’s off- and on-duty time for that day. Some commercial drivers are exempt from having a logbook. These are primarily drivers who stay within a certain radius of their home terminal, return to the terminal daily and have a minimum of eight consecutive hours off each day.

If a driver is required to keep his or her own logbook, it is supposed to contain certain information. Logbooks must contain the date for each entry, the driver’s name and the start time. If the driver is part of a team, the names of the other drivers should be entered in the log. A section for remarks is reserved for calculating off- and on-duty time. There are also other logbook requirements that pertain to specific industries. In addition, the employer is required to keep accurate records of its employee’s driving time.

A personal injury lawyer may review a commercial driver’s logbook to see if exhaustion might have been a factor in an accident. If the driver or his or her employer broke state statues regarding the amount of time he or she was behind the wheel on a given day, it may be possible to prove liability on the part of the driver and his or her employer.

Source: Justice Laws Website, “Commercial Vehicle Drivers Hours of Service Regulations”, October 21, 2014

1 dead, 3 injured after truck collides with SUV in Ontario

On behalf of Rooz Law posted in Truck Accidents on Wednesday, October 15, 2014.

A two-vehicle collision on October 10 near New Tecumseth claimed the life of one individual and left three others injured. According to the report, two of the injured motorists were still receiving hospital treatment for serious injuries.

The accident transpired just outside of New Tottenham Line 3 at about 12:30 p.m. when a woman driving a northbound cement truck on Tottenham Road smashed into the back of a Ford Edge SUV, Ontario Provincial Police said. The impact from the heavily loaded cement truck injured four of the SUVs’ occupants. One of the occupants, a 26-year-old man from Hamilton, was fatally injured and was declared dead by medical personnel at hospital.

First responders also took the three other injured SUV occupants to hospital for treatment. One of those victims was reportedly being treated at Sick Kids’ Hospital located in Toronto. The report did not indicate if the truck driver, who was only slightly injured in the crash, received hospitalization.

When they responded to the scene, authorities shut down a section of Tottenham Road and a nearby intersection for a few hours as investigators worked to determine the cause of the crash. One OPP official stated that Tottenham Road is a highly travelled roadway. He also stated that during the crash investigation, provincial police stopped a motorist for travelling 72 km/h over the posted speed limit.

Ontario drivers who have suffered serious injuries from a truck accident, and who believe that a driver’s negligent actions caused the crash may wish to contact a lawyer who may be able to determine if they are eligible to pursue compensation through a personal injury claim. In successful cases, courts usually award a plaintiff for his or her accident-related damages, such as medical costs and lost earnings.

Source: Barrie Examiner, “Hamilton man killed, three hurt, in crash near Tottenham”, Ian McInroy, October 11, 2014

Ontario Highway 401 crash kills 2, injures 1

On behalf of Rooz Law posted in Truck Accidents on Wednesday, May 14, 2014.

Chatham-Kent Ontario Provincial Police say that one person was injured and two people were killed in a head-on collision on Highway 401. Authorities say that the accident happened at around 2:30 p.m. on May 10.

According to a preliminary investigation, a tractor-trailer was heading west when it crossed the median for an unknown reason and crashed head-on into an eastbound car. The 35-year-old male driver and 13-year-old female passenger in the car died at the scene; both were Windsor residents. The 57-year-old London truck driver received treatment at the scene and was then taken to hospital by ambulance. His injuries were not disclosed, but he was released from hospital by May 11.

Authorities had to close both the westbound and eastbound lanes of the highway for some time, and the westbound lanes were reopened before the eastbound lanes were cleared. The Technical Traffic Collision Investigation team was on the scene to gather evidence. The accident has raised questions about the safety of the Windsor-London corridor because only a bevelled strip of grass divides the opposite lanes of traffic.

Ontario law allows the family of deceased truck accident victims to recover the cost of damages. This may include funeral costs and the loss of household income. In an effort to collect that compensation, the families of the deceased individuals in this case may work with a personal injury lawyer. That lawyer may be able to help the plaintiffs build a case that demonstrates the truck driver’s negligence in the accident. After presenting that case in court, the defendant might then be ordered to pay that compensation to the plaintiffs.

Source: Chatham Daily News, ‘Deadly cross-over crash prompts focus on median on Hwy. 401 in Chatham-Kent,” Vicki Gough, May 11, 2014

Source: Sun News Network, “Two dead, one injured following Ontario highway collision”, Vicki Gough, May 11, 2014