California truck accident claims may be challenging, especially if you are fighting against large truck companies with robust legal defenses. However, you might win your case if you have sufficient evidence to justify your claim. An electronic logging device can stand as proof in a truck accident, such as when driving due to drowsiness.
Read on to learn more about truck accident claims and how to use an electronic logging device to prove your case.
What is an Electronic Logging Device, and How Does It Work?
An Electronic Logging Device (ELD) is a technological tool intended to automatically log the time a commercial driver spends operating a vehicle and other related data, such as the engine’s operation, vehicle motion, and distance traveled.
ELDs are crafted to be precise and tamper-resistant. They use GPS technology to monitor the vehicle’s whereabouts and verify that the recorded data corresponds to the driving circumstances.
In the United States, the Federal Motor Carrier Safety Administration mandates using ELDs to monitor and enforce the hours of service (HOS) regulations. This rule is meant to enhance road safety by utilizing technology to reinforce the adherence of commercial truck and bus drivers to hours-of-service rules, thus preventing fatigue.
An ELD operates as follows:
- Data Collection: The ELD collects information about the movement, engine hours, miles driven, and other pertinent factors of the car while it is linked to the engine.
- Driver Interaction: Using an intuitive interface, frequently on a display screen, drivers communicate with the ELD. They log in, specify the start and end of their duty status, and annotate documents as appropriate using this interface.
- Automatic Recording: As soon as the car moves, the ELD records the time spent driving. It also monitors changes in various duty statuses, like sleeper berth time or on-duty/off-duty periods.
- Real-Time Monitoring: By accessing real-time data from the ELD, authorities may monitor whether a driver is adhering to the hours of service (HOS) laws. This keeps drivers from becoming fatigued and guarantees appropriate rest intervals, which improves road safety.
- Data Transfer: During inspections, ELDs make receiving data easier for enforcement officers. This is usually accomplished by a Bluetooth, USB, or wireless connection, offering a consistent and effective method of reviewing a driver’s record.
How Can ELDs Prevent Truck Accidents?
Due to the extended and irregular work hours of truck drivers covering long distances, they are particularly susceptible to experiencing driver fatigue. Despite the recommended seven to eight hours of sleep for adults, most commercial truck drivers typically only manage around five hours of sleep each night.
According to the National Safety Council, approximately 100,000 crashes, 71,000 injuries, and 1,550 fatalities are attributed to drowsy driving annually. In 2018, the FMCSA also determined that 1.3% of drivers operating large trucks involved in fatal crashes were either asleep or experiencing fatigue during the collision.
So, with ELDs, truck accidents can be prevented by ensuring compliance with hours-of-service regulations designed to prevent driver fatigue. In 2014, there was an instance where a truck driver who had been driving for 26 hours and had rested for only three and a half to five and a half hours collided with two vehicles. Unfortunately, the crash resulted in the death of one occupant. According to FMCSA, that truck driver had manipulated his logs to hide violations of hours-of-service regulations.
ELDs are critical to improving road safety by encouraging compliance with hours-of-service restrictions, lowering the risk of driver fatigue, and preventing truck accidents.
Can I Use ELD as Evidence for My California Truck Accident Claim?
In a truck accident caused by a driver’s drowsy driving, you may file a truck accident claim to receive compensation for the damages. However, to do so, you must prove that your injuries and damages from the collision result from the truck driver’s negligence.
You can demonstrate negligence in a truck accident through the following elements:
- The driver had a duty to ensure the safety of other road users.
- They neglected this duty.
- This negligence directly caused the accident.
- The accident led to injuries or other types of damage.
While you are entitled to compensation for a truck accident caused by the driver’s drowsy driving, how will you prove that the crash was due to the truck driver’s fatigue?
One way to justify drowsy driving is by using an ELD. Since ELDs are supposed to automatically record the duration of time a commercial driver spends operating a vehicle, you can determine how long the driver has been driving and if that can lead to driver fatigue.
Meanwhile, if the driver exceeded the HOS regulations, you can also check if the truck company was aware of the violation. If yes, they can also be responsible for the crash. Essentially, truck companies share accountability for the collision under the following circumstances:
- Setting impractical time constraints for drivers.
- Neglecting cases where drivers manipulate logbooks.
- Employing drivers with a track record of careless driving or medical conditions that could lead to accidents.
Typically, attributing fault to a truck driver in an accident is more straightforward than establishing accountability for the trucking company. The direct involvement of the driver simplifies the process of determining negligence. However, a skilled California truck accident attorney can gather all pertinent details of the case and ensure that the responsible parties, including the trucking company, are held accountable for the accident, leading to compensation for damages.
What Other Evidence Can Prove My Claim?
Aside from ELDs, other evidence can show that the truck accident results from truck driver fatigue, including:
- Zigzag tire marks: Examining tire marks can offer insights into the driver’s actions leading to the collision. Fatigued drivers anticipating a collision may attempt to apply the brakes, resulting in skid marks.
- Surveillance footage: Utilizing available camera footage at the crash location can provide a visual record of events before and after the collision.
- Witness testimonies: If individuals are present at the scene of the collision, their testimonies can be used to argue that drowsy driving caused the crash.
- Other evidence in the area: Damage to properties or other objects before or during the crash can indicate the driver’s inability to react quickly, contributing to the collision.
- Police report: Police reports contain essential details relevant to proving your claim.
- Medical records and damage expense documents: Proving that the crash resulted in injuries or other damages is essential to holding the drowsy driver accountable for expenses. Collecting all records of damage costs is crucial in this regard.
How Can a California Truck Accident Attorney Help Me?
Truck accident claims can be challenging. It gets even more complicated if you need to pursue a case against the truck company. In most instances, truck companies have solid legal defenses against accident claims. How can you defend your claim if you are still recovering from your injuries?
In this situation, a California truck accident attorney possesses the knowledge to comprehensively analyze the details of your accident and establish liability by compiling substantial evidence. They can handle your claim and negotiate with the other party while you focus on your recovery.
They can also undertake the following steps to ensure a successful claim:
- Gather evidence to fortify your case.
- Determine liability on the part of the responsible party.
- Evaluate the complete extent of damages.
- Communicate with the insurance company on your behalf.
- Initiate legal proceedings when necessary.
Why Choose California Truck Accident Attorneys from Jacoby & Meyers
At Jacoby & Meyers, we are unwavering in our commitment to aiding accident victims in obtaining the justice they deserve. Our dedication extends to contributing to our communities by facilitating access to crucial medical care for those affected by accidents.
Our legal team has streamlined an effective process to ensure that you are well-versed in your legal rights and receive the justice rightfully due to you. Our team of devoted legal professionals provides outstanding service by:
- Maintaining transparent and open communication throughout the entirety of your case.
- Negotiating skillfully with insurance companies to secure fair and equitable compensation on your behalf.
- Assisting in coordinating appropriate medical treatments as recommended by your healthcare provider.
- Providing support for any other concerns related to your accident to alleviate your worries.
- Safeguarding your legal rights by establishing liability, assessing the extent of damages, and staunchly advocating for your claim.
We offer a complimentary consultation where you can receive legal guidance from California truck accident attorneys. To explore your legal options, contact us at 800-500-0000.
Jacoby & Meyers. Because Everyone Deserves Justice.
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“Had the best experience using their services for the first time. I didn’t know what I was getting myself into. Thankfully, I was in the right hands. They kept me updated on my case from beginning to end. I highly recommend them! Satisfied client!”
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Works Cited
“Agency shuts down driver said to have driven 35 hours straight before fatal crash.” Overdrive, 13 February 2014. Accessed 2 February 2024.
“Electronic Logging Devices | FMCSA.” Federal Motor Carrier Safety Administration, 2 October 2023. Accessed 2 February 2024.
“People Table 31. Drivers of Large Trucks in Fatal Crashes by Distraction-Related and Impairment-Related Factors, 2016-2018 | FMCSA.” Federal Motor Carrier Safety Administration, 25 September 2020. Accessed 2 February 2024.
Rivelli, Elizabeth. “Drowsy Driving 2022 Facts & Statistics.” Bankrate, 13 September 2022. Accessed 2 February 2024.
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