Slide: Daily log as oath/affirmation
A. Any error or discrepancy in a log, no matter how small, is breaking the law
B. Another fantastic opportunity to impeach the driver’s credibility
Bonus time. Penn State was added to the Big 10 in 1990, so that leaves us to rule No. 11. The daily log or oath from the logs. This is 395.8 sub 7. This is your take away from this rule: a truck driver’s signature on a log book is treated as an oath. And it’s the same oath as he would swear as he’s taking an oath during a deposition. And the reptile here, the takeaway with this rule, is that what you want to get across – that falsifying a log, is the same as lying under oath. And I think respectfully, sometimes where we come short, we fall short as lawyers, is we fail to use this rule, 395.8, to impress upon a jury the significance of falsifying the log, of what violating that oath, that affirmation really means. Because I’ll tell you. No jury likes being lied to. And this is how you show it.
If you’re an attorney and you need help with your truck case, take a look at our online guide, Help for attorneys handling truck accident cases. For more information, here’s a blog on log book forgeries by truckers.
If you’ve been in a truck accident, call (800) 777-0028 to speak with one of our truck accident attorneys today. There’s no cost or obligation, and we can answer all of your questions.