False log books after a truck accident is the same as lying under oath
Rule 11 of “Big 10 Rules of the Road”
- Presented by: Steven M. Gursten
- Description: This is the twelfth of a series of 13 videos for truck accident attorneys, on handling truck crash cases. In this video, truck accident lawyer Steve Gursten shares Rule 11 of his “Big 10 Rules of the Road” during the American Association for Justice Interstate Truck Litigation Group conference. Rule 11 stresses how juries do not like to be lied to, and how attorneys must illustrate that truckers falsifying log books after they have caused a truck accident is the same thing as lying under oath.
- Length: 1 minute, 47 seconds.
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 truck driver 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.
How our truck accident attorneys can help you
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.
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