Can Electronic Logging Devices Reduce Truck Accidents?
Federal and state hours-of-service rules help prevent truck accidents caused by fatigued driving. These rules set limits for how long intrastate and interstate truckers can drive. For example, interstate drivers operating property-carrying trucks that weigh 10,001 or more pounds cannot drive for more than 11 hours within a 14-hour shift. Truckers must record their hours of service compliance in paper or electronic logbooks. Information in the logbooks may include total driving hours, miles covered, and off-duty time. Roadside safety inspectors check logbooks to detect hours-of-service violations.
Employees working for these trucking companies may also check for hours-of-service violations. However, paper logbooks can be manipulated. Truckers can misrepresent how long they have driven during each 14-hour shift. Electronic logging devices (ELD) may help reduce instances of this problem. Unlike paper logbooks, an ELD records driving time information directly from the truck’s engine. An ELD can record engine hours and vehicle movement. Roadside safety inspectors could download driving time data to check for hours-of-service violations.
In 2015, the Federal Motor Carrier Safety Administration (FMCSA) unveiled a rule requiring trucking companies to use ELDs. Unless Congress repeals or significantly alters this rule, it will go into effect on December 18. House Resolution 3282, also known as the ELD Extension Act of 2017, would delay the mandatory implementation of ELDs by 2 years. Some trucking companies already use ELDs because they find them to be more convenient and less expensive than paper logbooks. In fact, the FMCSA has argued that ELDs can eliminate $1 billion in paperwork costs for trucking companies and law enforcement.
Can Logbooks Be Used During a Truck Accident Lawsuit?
Information contained in paper or electronic logbooks may also be valuable evidence during a truck accident case. Many commercial trucks in operation also use electronic control modules (ECMs) that record various data about the trucks. For example, an ECM may record the vehicle’s highest speed or time driven. This data can also be used in conjunction with information in logbooks to catch discrepancies. Data from an ECM can also be helpful during a truck accident lawsuit, mainly when used in conjunction with other evidence.
However, trucking companies may spoil ECM data after an accident to shed themselves of any liability. It is essential to hire an attorney immediately after a truck accident to prevent the spoliation of evidence. Contact the Texas truck accident attorneys at Mike Love & Associates, LLC. We have firsthand experience with the trucking industry's business practices. If you or a loved one suffered harm during a truck accident, our attorneys can help you discover whether you have legal options to seek damages.