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Truck Accidents: Electronic On-Board Recorders as Evidence

Truck Accidents: Electronic On-Board Recorders as Evidence

Posted By The Weinstein Firm, LLC || 22-Jun-2017

Many commercial trucks are equipped with on-board recording devices which are used to log information, including the driver’s hours behind the wheel. In the event of an accident, the information from these recorders can be invaluable evidence. These devices serve as a digital version to a traditional logbook that drivers are required to keep, and data can be automatically entered into the device.

Federal Regulations

There are federal regulations dictating how many hours a driver can drive before they are required to rest for a set period. The Federal Motor Carrier Safety Administration (FMCSA) limits drivers to 14 hours of service, when they can drive, inspect their vehicle, and perform repairs, before they must take a 10 hour rest period.

There are requirements for the devices as well. The device records must be provided if demanded, in either print or digital form. Federal, state, and local officials are allowed immediate access to check the hours of service logged. Printed records and handwritten notes may also be provided. The on-board systems must be used in conjunction with support systems at the company’s location. Employers must also be able to access records. Records must be maintained for the previous seven days, as well as the current day. Hard copies must be signed by the driver.

There are regulations in place to discourage tampering with records. In 2015, the FMCSA passed a regulation that allowed drivers the ability to change information recorded by the recorders. The record must preserve the original entry times, and the name of the individual who edited the record, however. Driving times could not be edited except in a few circumstances.

Using On-Board Recorders as Evidence

The data from these devices should be examined if an accident occurs, to ensure that the driver was driving legally. The records can show if the driver was within their legal hours of service. The records should also be checked for discrepancies that can indicate tampering. These records can help determine who is liable for the accident, as well.

In order to collect damages, you will need to prove that the driver or the company employing them was negligent. Records kept by on-board recording devices can be a valuable piece of evidence to prove that proper steps weren’t taken to prevent an accident. These records may show that the driver was working beyond their allowable time, the truck was traveling faster than legal, or other information which contributed to the accident.

Have you been injured in a trucking accident? Our Atlanta truck accident attorneys can help you search for evidence of negligence. Truck accidents can often cause catastrophic injuries, so you need the experienced legal representation of our team to help you recover damages. Contact The Weinstein Law Firm, LLC to schedule a free case evaluation with our team.

Categories: Auto Accidents