The Electronic Logging Device (ELD) mandate is a regulation that the Federal Motor Carrier Safety Administration (FMCSA) issued, requiring commercial motor vehicle drivers to use an electronic logging device to record their hours of service (HOS). This mandate is part of an effort to improve road safety by ensuring truck drivers adhere to federal regulations regarding the number of hours they can drive without rest. When truck drivers and trucking companies violate HOS regulations, serious accidents can occur.
If you sustained injuries in a trucking accident that resulted from an HOS violation, the skilled legal team at Shunnarah Truck Accident Lawyers can help. We will promptly investigate the circumstances surrounding your accident, determine your options for compensation, and fight for your rights and interests.
For a free case evaluation and legal consultation with an experienced truck accident attorney, please call us at (205) 957-4995 or contact us online for more information.
What Are the Main Points of the FMCSA's ELD Mandate?
The primary goal of the ELD mandate is to prevent fatigue-related accidents by ensuring that drivers take necessary breaks and do not exceed the maximum allowable driving hours. By replacing paper logs with electronic ones, the FMCSA aims to reduce the risk of logbook falsification and make it easier for law enforcement to verify compliance.
The mandate applies to most commercial motor vehicle operators who are required to maintain records of duty status (RODS). This includes trucks and buses used in interstate commerce and meet certain weight or passenger capacity thresholds. Some exemptions exist, such as for drivers who operate within a 100-air-mile radius and those using vehicles manufactured before the year 2000.
In general, an ELD is a piece of hardware that connects to a vehicle’s engine to automatically record driving time. It captures data such as the vehicle’s movement, engine hours, location, and miles driven. The ELD is designed to ensure accurate and tamper-resistant records.
The ELD mandate was implemented in stages. The final rule was published in December 2015, and full compliance was required by December 18, 2017. However, some fleets using Automatic On-Board Recording Devices (AOBRDs) were given until December 16, 2019, to transition to ELDs.
The mandate affects how drivers manage their time and how carriers oversee their fleets. Drivers must be familiar with how to operate ELDs and ensure their logs are up-to-date. Carriers are responsible for maintaining ELD records and providing them to authorities when requested.
Non-compliance with the ELD mandate can result in penalties, fines, and out-of-service orders. Law enforcement officers can also inspect ELDs during roadside inspections to ensure that drivers are complying with HOS regulations.
What Happens When Truck Drivers and Trucking Companies Violate HOS Regulations?
When truck drivers or trucking companies violate HOS regulations, they increase the risk of accidents on the road. HOS regulations are designed to prevent driver fatigue by limiting the number of hours a driver can operate a vehicle without rest. When these rules are ignored, several types of serious accidents can occur. They include the following:
- Rear-End Collisions – One of the most common types of accidents resulting from HOS violations is rear-end collisions. Fatigued drivers have slower reaction times, making it difficult to stop when traffic suddenly slows or stops. If a tired truck driver fails to react quickly, their massive vehicle can slam into the back of another car, causing severe injuries or fatalities.
- Jackknife Accidents – A jackknife accident happens when the truck’s trailer swings out to the side, forming a ninety-degree angle with the cab. This type of accident is often due to sudden braking or loss of control, which can occur more easily when a driver is fatigued. A tired driver may not brake smoothly or may overcorrect when trying to regain control, leading to a jackknife situation involving multiple vehicles.
- Rollover Accidents – Fatigued drivers are also at higher risk of rollover accidents. When a driver is exhausted, their ability to judge turns and curves is impaired, increasing the likelihood of taking a turn too fast or misjudging the angle. As a result, the truck can tip over, especially if it is carrying a heavy or unbalanced load. Rollover accidents can be catastrophic, especially if they occur on busy highways or in areas with high pedestrian traffic.
- Head-On Collisions – In the most severe cases, a fatigued driver may drift into oncoming traffic, leading to a head-on collision. These accidents are often fatal, especially when involving large commercial trucks. The immense size and weight of a truck mean that even a slight mistake by a tired driver can result in devastating consequences for all parties involved.
- Multi-Vehicle Pileups – HOS violations can also lead to multi-vehicle pileups, particularly on highways. A tired driver may lose control of their truck, causing it to collide with several vehicles in quick succession. These chain-reaction crashes can be deadly and often result in significant property damage and numerous injuries.
Injuries in Trucking Accidents That Result from HOS Violations
Trucking accidents involving violations of HOS regulations can result in severe and sometimes life-threatening injuries. When truck drivers exceed their legally allowed driving hours, they are more likely to be fatigued, which increases the risk of accidents. The immense size and weight of commercial trucks mean that when a crash occurs, the injuries victims sustain are often serious.
- Traumatic Brain Injuries (TBIs) – Traumatic brain injuries are among the most severe consequences of trucking accidents. When a truck collides with a smaller vehicle, the force of the impact can cause the occupants’ heads to strike hard surfaces inside the vehicle, leading to concussions, brain contusions, or more severe forms of TBI. These injuries can affect cognitive functions, memory, and overall quality of life.
- Spinal Cord Injuries – The force of a truck crash can also cause significant damage to the spinal cord. Victims may suffer from herniated discs, fractures, or in the worst cases, paralysis. Spinal cord injuries can result in a loss of mobility and sensation, and they often require extensive medical treatment, including surgeries and rehabilitation.
- Broken Bones – Broken bones are common in trucking accidents, especially in high-impact crashes. The force of the collision can cause fractures in the arms, legs, ribs, and pelvis. Some breaks may heal with time, but others can be more complicated, requiring surgery and lengthy recovery periods. Multiple fractures can also occur, leading to long-term disability and pain.
- Internal Injuries – The force of a trucking accident can cause internal injuries that may not be immediately visible. Victims can suffer from damage to organs such as the liver, spleen, or lungs, leading to internal bleeding. These injuries are particularly dangerous because they can be life-threatening if not treated promptly.
- Whiplash and Neck Injuries – Even in less-severe trucking accidents, victims often suffer from whiplash, which occurs when the head suddenly jerks forward and backward, causing neck pain, stiffness, and sometimes long-term complications like chronic pain or reduced range of motion.
Proving That an HOS Violation Caused a Commercial Truck Accident
Proving that a truck driver or trucking company’s violation of HOS regulations caused a trucking accident requires gathering and presenting solid evidence. This process involves demonstrating that the driver or company broke the law by exceeding the legally allowed driving hours and that this violation directly led to the crash.
- Obtain the Truck Driver’s Logs – The first step in proving an HOS violation is to obtain the truck driver’s logs. These logs, whether recorded manually or through an ELD, contain detailed information about the driver’s hours behind the wheel, rest periods, and off-duty time. Comparing these logs against the HOS regulations can reveal whether the driver exceeded the maximum driving hours. If the logs show that the driver was on the road longer than permitted, this information can be a key piece of evidence.
- Examine ELD Data – In addition to the driver’s logs, the ELD data can be vital in proving an HOS violation. ELDs automatically record driving time and other relevant data, such as speed, location, and engine status. This data can help to verify the accuracy of the driver’s logs and uncover any discrepancies. ELD data is less likely to be manipulated than manual logs, making it a reliable source of evidence.
- Review GPS and Cell Phone Records – GPS data and cell phone records can also help establish whether the driver violated HOS rules. GPS systems track the truck’s location and movement, which can be compared with the driver’s logs to detect any inconsistencies. Cell phone records may show if the driver was using their phone while driving, which can suggest fatigue or distracted driving.
- Analyze the Accident Scene – The accident scene itself can provide important clues. Skid marks, vehicle damage, and witness statements can help reconstruct the events leading up to the crash. If the evidence suggests that the driver reacted too slowly or made an error that fatigue likely caused, it strengthens the case that the HOS violation was a contributing factor.
- Obtain Testimony from Experts – Expert witnesses, such as accident reconstructionists or trucking industry professionals, can testify about how fatigue from excessive driving hours may have contributed to the accident. Their testimony can provide a professional and credible explanation of how the HOS violation likely led to the crash.
- Prove Causation – Finally, it is essential to link the HOS violation directly to the accident. Showing this connection involves demonstrating that the driver’s fatigue, due to excessive hours, impaired their ability to operate the truck safely and that this impairment caused the crash.
By carefully gathering and presenting this evidence, you can legally prove that a truck driver or trucking company’s HOS violation was the cause of the accident, which can be crucial in pursuing compensation for damages.
Recovering Damages for Injuries in a Trucking Accident
If you are involved in a commercial trucking accident resulting from a violation of HOS regulations, you may be entitled to recover various types of damages. These damages are intended to compensate you for the losses and injuries you suffered due to the accident. In a trucking accident case, the damages typically fall into three main categories: economic, non-economic, and, in some cases, punitive damages.
Economic Damages
Economic damages are the financial losses you experience as a direct result of the accident. They are often the easiest to quantify because they have a clear monetary value. They can include:
- Medical Expenses – This compensation includes the cost of emergency treatment, hospital stays, surgeries, medications, physical therapy, and any other medical care required due to the accident. Future medical expenses for ongoing treatment or rehabilitation can also be recovered.
- Lost earnings – If the collision caused you to miss work, you can recover compensation for your lost income. If your injuries prevent you from returning to work, you may also be entitled to damages for lost future earnings.
- Property Damage – This compensation covers the cost of repairing or replacing your vehicle and any other personal property damaged in the crash.
- Other Out-of-Pocket Expenses – This compensation can include costs related to transportation to medical appointments, hiring help for household tasks you can no longer perform, and any other expenses incurred due to the accident.
Non-Economic Damages
Non-economic damages intend to compensate for more subjective losses, which do not have a direct financial cost but still significantly affect your life. These damages may include:
- Pain and Suffering – Pain and suffering covers the physical pain and emotional distress you have endured because of the accident and your injuries.
- Loss of Enjoyment of Life – If your injuries have diminished your ability to enjoy activities or hobbies you once loved, you can seek compensation for this loss.
- Loss of Consortium – If your injuries negatively affect your relationship with your spouse or family, such as reducing your ability to provide companionship or support, you may be entitled to damages.
Punitive Damages
In some cases, you may be eligible to recover punitive damages. These damages are not meant to compensate you for your losses but to punish the trucking company or driver for particularly reckless behavior, such as knowingly violating HOS regulations. Punitive damages also serve as a deterrent to prevent similar conduct in the future.
By pursuing these damages, you can obtain compensation that helps you recover and move forward after a serious trucking accident due to HOS violations.
Call an Experienced Truck Accident Attorney in Your Area Today
If you sustained injuries in a truck accident resulting from an HOS violation, the legal team at Shunnarah Truck Accident Lawyers is ready to help. Do not face this overwhelming circumstance alon, call a truck accident attorney today. We will promptly evaluate your accident circumstances, go over your options with you, and pursue the financial compensation you need for your losses.
For a free case evaluation and legal consultation with a skilled truck accident lawyer, please call us at (205) 957-4995 or contact us online today.