An electronic logging device (ELD) is a piece of technology that records a driver’s driving time and hours of service. Its primary purpose is to promote driver safety and make it easier to accurately track, manage and share records of duty status.
However, ELDs can also be useful in truck accident cases. They provide information that may help prove a driver’s negligence, such as driving past their maximum number of hours and causing excessive fatigue.
If a truck driver’s negligence injures you, you might be wondering how ELD data can support your claim. Here is what you need to know.
Do all commercial trucks have ELDs?
Many commercial trucks have ELDs, but not all of them do. The Federal Motor Carrier Safety Administration (FMCSA) requires ELDs for drivers who need to track their:
- Records of duty status (RODS)
- Hours of service (HOS)
The FMCSA only allows several exceptions to this requirement, which includes drivers who:
- Drive under short-haul exceptions
- Use paper RODS for up to eight days every 30 days
- Engage in certain tow-away operations
- Drive vehicles made before 2000
Unless these exceptions apply to the driver that hit you, they will likely have an ELD in their vehicle.
How can ELD data help support your lawsuit?
Trucking companies use ELDs to monitor their drivers’ actions. These devices can track:
- Driving time
- Off and on-duty time
- Location
- Engine hours
- Miles driven
- Date and time stamps for location changes
- Driver information
Some of these data points can help reconstruct the events leading up to an accident. They can also corroborate your statement and witness accounts.
For example, an ELD can show if the driver was fatigued because of excessive driving hours. This can help prove their negligence (or their employer’s) and link fatigue to the crash.
How can you obtain ELD data?
Companies will rarely hand over ELD data willingly. A lawyer can help you recover it by submitting a subpoena or a discovery request. When the data shows evidence of the driver’s negligence, your lawyer can use it to build your personal injury case.
An ELD is just one potential source of evidence, but it can be the most substantial. If you believe the driver should be responsible for your injuries, don’t hesitate to consider all possible proof to support your case.