Commercial truck accidents in Orange County are more complicated than accidents involving passenger cars. Proving liability, for one, can be particularly challenging.
That’s where logbooks and electronic logging devices come in. If your truck accident attorney acts fast, they may be able to preserve and access these pieces of critical evidence and use them to establish liability.
Read on to learn about the importance of logbooks and electronic logging devices in truck accident cases and how they can help strengthen your claim.
In the past, Federal Motor Carrier Safety Administration (FMCSA) regulations required commercial drivers to keep daily paper logs of their on- and off-duty hours, total driving time, and hours spent in the sleeper berth.
The purpose of these logs was to ensure that drivers complied with FMCSA hours of service requirements and didn’t drive while fatigued.
The rules have since changed. As of December 18, 2017, commercial truck drivers must have an electronic logging device (ELD) installed in each vehicle to keep track of their service hours automatically.
The FMCSA restricts the number of service hours truck drivers can have during every workday and week.
Logbooks must record the following details for every 24-hour period:
Additionally, logbooks typically include:
Since December 18, 2017, all commercial trucks must be equipped with electronic logging devices. ELDs connect directly to the truck’s engine, which enables them to automatically monitor how long the vehicle has been in motion. Drivers and trucking companies that don’t have ELDs in their vehicles face strict penalties.
While drivers are no longer required to keep paper logbooks, they haven’t become entirely obsolete. If the ELD stops working, drivers may still use paper logs for a maximum of eight days. After that period, they must either fix the ELD or take the truck out of operation until the issue is resolved.
Logbooks and ELDs can provide a detailed account of the truck driver’s actions in the moments leading up to the accident. If this account shows evidence of hours of service violations, you might be able to establish liability on the part of the driver and, by extension, the trucking company.
Examples of violations that may be included in logbooks and ELD records include:
However, note that logbook and ELD data run both ways: It can just as easily exonerate the driver and potentially shift the blame onto you. Your attorney will be able to analyze your case and advise whether logbook and ELD data can strengthen or weaken your claim.
Another thing to keep in mind is that the driver or the trucking company may tamper with or destroy logbook or ELD data.
Due to the massive size and weight of the vehicles, truck accident cases often cause substantial property damage and catastrophic injuries. Trucking companies don’t like the big payouts associated with such cases and will do everything in their power to evade or at least minimize their liability — including by destroying critical evidence.
Because trucking companies are only required to keep ELD data for six months, you want to hire a truck accident attorney as soon as possible after your accident to preserve the evidence.
Time is of the essence in California truck crash cases. That’s why our experienced personal injury attorneys at Khalil Law Group take immediate measures to preserve logbooks and electronic logging devices in truck accident cases.
If you were injured in a truck accident in Orange County, we can help. Call (714) 617-5189 or contact us online to schedule your free consultation with a truck accident attorney from our team. We will analyze your case and advise on next steps.
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