Ohio Truck Accident Help
A Division of Ohio Truck Accident
Truck driver logs and records are important for several reasons. Aside from their role in trucking industry safety and trucker accountability, they encourage drivers to comply with legal requirements and promote safe truck maintenance. They help authorities enforce hours of service regulations and track cargo and deliveries.
Driver logs and records can also serve as evidence in personal injury cases. Here’s more about using truck driver logs and safety records to support your injury claim, prove negligence, and recover compensation after a crash.
The Federal Motor Carrier Safety Administration (FMCSA) issues regulations on truck driver logs in the United States. These records must be readily available for inspection by authorities.
One of the strictest areas the FMCSA regulates is hours of service (HOS) for commercial vehicle drivers (as stated in 49 CFR Part 395).
Drivers must maintain a record of their duty status for each 24-hour period. There are maximum driving hours daily and weekly to prevent fatigue. Drivers must take mandatory rest periods throughout their shifts.
Property-carrying drivers may drive a maximum of 11 hours after 10 consecutive hours off duty. They may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.
Drivers must take a 30-minute break after driving for eight hours without interruption. This break may be satisfied by any non-driving period (either on-duty, off-duty, or sleeping).
Other in-depth HOS requirements detailed by the FMCSA include driving in adverse conditions, when extended breaks are required, and more.
An ELD synchronizes with a vehicle engine to automatically record driving time for easier, more accurate hours of service (HOS) recording.
Most commercial motor vehicle drivers must use electronic logging devices (ELDs) instead of paper logs for improved accuracy and tamper-proof recording. In fact, according to the FMCSA, 97% of U.S. commercial motor vehicles now operate with ELDs, which have been mandated since 2017.
According to the FMCSA, one in five roadside inspections of commercial trucks uncovers HOS violations. Studies by the American Transportation Research Institute (ATRI) have found that HOS violations have been linked to a 40% increase in the risk of crashes.
27% of all large truck crashes involve drivers violating HOS regulations, according to the National Highway Traffic Safety Administration (NHTSA).
Truck driver logs and other records can also be used to review truck maintenance and driver behavior, which is often beneficial in truck accident cases.
These records can expose the neglectful maintenance of commercial vehicles, leading to serious accidents. According to the American Trucking Association (ATA), the cost of preventable truck crashes due to inadequate maintenance is $2.4 billion annually. This is an obvious problem that needs to be addressed since one in three roadside inspections finds mechanical violations in commercial trucks, according to the FMCSA.
Risky behaviors by truck drivers are also a serious concern that can be determined through ELDs, dash cams, and other records. For example, the AAA Foundation for Traffic Safety found that 51% of truck drivers admit to using cell phones while driving – despite bans in nearly every state.
Trucking logs are also used to track cargo and deliveries. They typically record the weight and substances of loads. When a truck is overloaded, it is more dangerous on the roadway. According to the FMCSA, overweight trucks are involved in 33% of fatal truck crashes.
When analyzing truck accident negligence, liability, and other legal issues, attorneys scrutinize logs for what they contain and lack. The information is essential in proving negligence. A truck accident lawyer can use the ELD data to determine if a truck driver or commercial vehicle company follows FMCSA regulations. If they are out of compliance, it is easier to prove negligence.
Your Ohio truck accident attorney may also bring in expert witnesses to interpret ELD data. In many cases, an expert can offer opinions about hours of service violations and how they lead to truck driver fatigue, truck maintenance records, and how neglect may have resulted in an accident or other vital issues.
If there is incomplete information in an ELD, then your attorney can identify that truck accident evidence as missing. In many cases, that is an even more concerning situation than being able to see that there was a violation. The missing ELD data would indicate that someone had tampered with records, which is illegal and can show negligence.
Accessing truck driver logs after a truck crash can present challenges. Technical obstacles may include ELD malfunctions, data download and decryption issues, and data preservation and retention problems. There may also be legal hurdles, such as tampering and manipulation concerns and chain of custody issues.
When an 18-wheeler accident occurs, trucking companies and their insurance companies immediately send a team of investigators out (especially if there is a potential wrongful death case). They grab the ELD and black box (which records truck speed, maneuvers, etc.) and conduct their own accident investigation. It’s essential to get to the evidence quickly before they can alter it.
Obtaining and interpreting ELD data takes time, can be costly, and requires the appropriate parties. These challenges can be addressed by keeping a talented team of experts on hand to help in semi-truck accident cases.
An effective truck accident lawyer can help prove truck driver fault after an accident. Working with an experienced attorney who frequently handles truck accident cases is important. This gives you access to their in-depth knowledge and truck industry experts who can work on your case.
Your attorney and their team of professionals will use truck driver logs, including ELDs, to build a strong truck accident case. The ELD data obtained from these records can be used in negotiations to reach a trucking accident settlement or at trial.
Conducting a complete and thorough investigation is essential to uncover trucking company liability and driver negligence.
In 2019, a Walmart truck driver in Arkansas caused a fatal accident, killing four people. Investigators found through his electronic logs that he had exceeded the maximum driving hours and falsified records, demonstrating apparent negligence.
In a 2017 Texas trucking accident, a trucker failed to yield at an intersection, causing a collision with a passenger car. ELD records showed that he had been driving for over 24 hours straight, violating HOS regulations and contributing to the crash.
From these real-world examples, we can see that analyzing driver logs in trucking cases is essential. They prove negligence and can help you get the maximum compensation possible.
Truck driver logs are essential in proving negligence. They contribute to safety within the trucking industry and provide key evidence in personal injury cases.
It’s important to have an experienced attorney when dealing with truck accident claims that involve trucking log analysis. The ELD data can be complex and challenging to obtain. Your truck accident lawyer needs the knowledge and resources to handle your case.
Contact Ohio Truck Accident Help to schedule a free consultation.