The Role of Electronic Logging Devices (ELDs) in Ohio Truck Accident Cases
Electronic logging devices (ELDs) collect data that can be helpful in determining the cause of a truck accident. If you are involved in a truck collision in which the truck driver or their employer is at fault, an ELD may help you prove that either or both parties were negligent.
Following a trucking collision, you should speak to a Columbus truck accident lawyer. An attorney can review your case and determine if you have grounds for requesting compensation from any liable parties. If you decide to move forward with an insurance claim or lawsuit, your lawyer can help you gather ELD data and other evidence to support your case.
What is an electronic logging device?
Commercial truck companies use electronic logging devices to track HOS and driving records. The devices help these companies comply with Federal Motor Carrier Safety Administration (FMCSA) requirements. They provide several key data, including:
- How long a trucker has been driving a vehicle
- How long a truck’s engine has been running
- The total distance a truck has been driven
- Truck’s GPS coordinates
FMCSA maintains an ELD rule. Generally, a trucking company must install an ELD in trucks with a gross vehicle weight rating (GVWR) that exceeds 10,000 lbs. If a truck company or trucker chooses not to comply with this or other FMCSA mandates, they could face fines and other penalties.
What information does an electronic logging device provide about a truck accident?
An electronic logging device can provide insights into unsafe truck-driving behaviors, such as:
- Speeding
- Drowsy driving
- Distracted driving
ELD data can help you establish causation in your truck accident case. When used in conjunction with other evidence, the data can strengthen your argument against the trucker involved in your crash or their employer.
How can you use electronic logging device data in an Ohio truck crash case?
You can use electronic logging device data to show how the actions of a truck driver or their employer led to your accident. ELD data that could prove to be exceedingly valuable in your truck crash case includes:
- Truck speed and location: The data highlight whether a truck driver was speeding and whether their vehicle was in the correct lane at the time of your accident.
- Rest breaks and driving time: You can find out if a trucker was taking breaks during their work shift and how many consecutive hours they were operating their vehicle before your collision.
- Brake usage and engine performance: You can get details about how frequently the trucker used the vehicle’s brakes if their vehicle’s engine was performing as expected, and if the brakes or engine were defective.
ELD data can have major implications for your case. With assistance from a Columbus personal injury lawyer who handles truck crash cases, you can be well-equipped to get this data and other proof to bolster your argument against any liable parties.
How can you get electronic logging device data to use in your Ohio truck accident case?
When you meet with a Columbus truck accident attorney, your lawyer can help you identify any liable parties. If you proceed with a claim, they can guide you through the process of collecting electronic logging device data and other evidence to support your argument.
Based on Ohio Revised Code Section 2305.10, you have up to two years from the date of your truck crash to ask for compensation from any liable parties but don’t wait. There are some times when the limit is shorter, such as if a government entity is involved. Therefore, it is best to consult with a Columbus truck accident attorney as soon as possible. Your attorney can request compensation on your behalf and start collecting evidence right away.
Your lawyer can request ELD data, but trucking companies don’t have to hold on to the data forever, so you want to act quickly. Through the discovery process, they may be able to access the data, truck driver log books, vehicle maintenance records, and other information relating to your accident. If warranted, law enforcement may be able to help you obtain the information you request.
What does electronic logging device data mean for your Ohio truck accident case?
ELD data is just one piece of evidence that you can use in your truck accident case – but it is impartial and potentially powerful evidence. If you have compelling evidence, you could prove to a judge or jury that a truck driver was distracted and caused your accident. This can also help you get a fair settlement.
How does a personal injury lawyer help you get the most value out of your truck accident electronic logging device data?
Hire a truck accident lawyer in Columbus who knows how to help clients get their desired case results. Your attorney could use your truck crash ELD data in several ways, such as:
Showing that a truck driver was operating their vehicle while fatigued
An ELD details the time when a trucker is on and off duty. If a truck driver was operating their vehicle for a long period without taking a break, they may have violated FMCSA’s HOS regulations. As such, your lawyer could use your ELD data to prove that this trucker or their employer was negligent and that their actions led to your accident.
Reconstructing your accident
With ELD data, your lawyer can learn about the truck’s speed, how frequently a trucker driver was pressing down on the brakes, and other vehicle activities prior to your crash. This helps your attorney see if the truck driver did everything within their power to prevent your collision.
In addition, your ELD data could reveal that the truck driver was traveling faster than the posted speed limit or made other mistakes behind the wheel. Thus, they could help you highlight to a judge or jury exactly what happened and why you should be awarded compensation.
When in doubt about how to get ELD data or what to do with it, request legal assistance. Choose a Columbus personal injury attorney who knows the challenges you could face in your truck accident case.
Negotiating a settlement
Your lawyer uses ELD data to dispute claims from an at-fault party or their insurer that you are accountable for a truck accident. Since the data is tamper-proof, it is extremely difficult to contest. Therefore, your ELD data and other proof could prompt a liable party or their insurance company to propose a settlement that matches your expectations. If you receive such an offer, you can accept the proposal and close your case without a trial.
Learn more about the role of electronic logging devices in Ohio truck accident cases
Soroka & Associates, LLC offers experienced legal counsel for truck accident victims. Our legal team can teach you about the role of electronic logging device data in Ohio truck collision cases. We can help you recover fair compensation for your truck crash losses. To get started, contact our Columbus legal team today.