Let’s say for example that one of the issues in the case is whether the driver was actually driving more hours on the highways than he should have been or she should have been. The driver him or herself cannot be forced to testify as to those matters because it would be a violation or potential violation of the fifth amendment. Remember, the driver maybe be charged criminally and that’s the reason fifth amendment comes into play. However, trucking accident lawyers will routinely get the driver’s logs because those are not subject to any fifth amendment privilege. If you have questions about whether the driver was driving too many hours or whether the logs were maintained or even fact destroyed by the company, call me at 770-792-1000.