Electronic Logging Devices In Commercial Motor Vehicle Accidents
Road accidents are unfortunately common on U.S. roads, though data from the Federal Motor Carrier Safety Administration (FMCSA) shows a slight downturn in accident numbers in recent years. Commercial motor vehicles (CMVs) play a disproportionate role in the numbers of injuries and fatalities involved, simply because of their size and weight – and unfortunately, some of the accidents involving CMVs can be directly attributed to driver error. It is to minimize these moments that the FMCSA instituted the so-called ‘ELD’ (electronic logging device) law, which took effect in 2017. If you are in a crash involving a CMV, the ELD may be a piece of evidence that can help you establish liability.
Why Have An ELD?
Both Florida and federal law require a commercial motor vehicle driver to take breaks after a certain period of time, as stated in their hours of service (HOS) rules. The primary purpose of the HOS rules is to require drivers to rest enough to potentially avoid crashes – but it is not uncommon for unscrupulous employers to demand that drivers ignore these regulations in service of making more money. As a result, accidents are more likely to happen. If one does, the ELD can act like a ‘black box’ in an air crash, providing timely records can make the difference between establishing liability and leaving the victim with a mountain of debt.
ELDs are required to log certain information, including the total engine running time, the total distance covered during a trip or job, and the speed of the vehicle at specific intervals. It also distinguishes the driver’s time into different statuses – for example, it will differentiate between a driver sleeping in their cab from the driver operating the vehicle. It is also attached to the engine, and generally cannot be accessed while in use, which ensures that the ELD cannot be tampered with.
Not All CMVs Require ELDs
It is important to keep in mind that not every truck or passenger carrier is required to have an ELD installed – for example, Florida regulations require all “drivers of [CMVs] that are operated on the public highways of this state while engaged in interstate commerce” to have one. Vehicles operating in intrastate commerce (that is, commerce conducted solely within Florida) are not required to have one, unless they are transporting hazardous materials in high enough quantities to require federal placarding. This means that if you are involved in a crash with one of these smaller vehicles, you will not have an ELD to fall back on.
If your crash involves a larger CMV, you may be able to use the information contained therein to establish that the driver of the CMV breached their duty to exercise reasonable care for other road users; if you can also show that the injuries you suffered were a direct result of that breach, you have a good case for establishing negligence on the part of the driver. It may even be possible to allege negligence on the part of the driver’s employer, depending on the specific facts of your situation. Each case is different – the right legal help can get things moving.
Call A Tampa CMV Accident Attorney
If you have been involved in an accident with a commercial motor vehicle, know that an ELD can sometimes make the difference between prevailing and failing at trial. A Tampa CMV accident attorney from the Rinaldo Law Group can help you determine how best to get the compensation you deserve. Call our office today for a free consultation.
