Being the victim of a truck accident in Portland can be difficult enough on its own, especially if you sustain injuries. However, these types of claims can also be very challenging since you may run into disputes when trying to work with the insurance carrier and trucking company.
So, if you are the victim of a truck crash in Portland, Oregon, you need to get the help of a trucking accident lawyer. At Henderson Taylor Law Firm, our team of Portland truck accident attorneys has extensive experience handling these types of cases and can help you protect vulnerable pieces of evidence, such as ELD data.
Keep reading to find out what electronic logging device data is and how you can use it in your truck accident claim.
What Information Do ELDs Record?
First of all, you need to understand what an electronic logging device is if you have been involved in a truck accident in Portland, Oregon. These devices, also called ELDs, are used for commercial trucks as a way of tracking important data regarding how the truck runs.
The ELD connects to the electronic control module of the truck’s engine, automatically monitoring drive time, hours of service, location details, miles driven, driver information, vehicle motion status, rest periods, etc. This information helps to ensure that the driver is maintaining the FMCSA hours-of-service regulations and improves recordkeeping and fleet management.
How ELD Data Can Support Injury Claims in Portland, OR
Although the primary purpose of ELD data is to help the trucking company track and improve its fleet, it’s also a crucial piece of evidence if the truck gets into an accident. The ELD evidence can support your personal injury case by establishing the behavior of the truck driver and how the truck was running at the time of the collision.
Specifically, ELD data can help to identify things like:
- Driver fatigue: The ELD can establish how long the vehicle has been in motion and how many rest periods the driver has taken. This can determine whether or not the driver committed any hours-of-service violations, which could directly cause driver fatigue.
- Reckless driving: If you suspect that the truck driver was driving recklessly, the ELD data can help prove this. The device will log the exact date and time of the accident as well as the behavior of the truck and how fast it was going.
- Inaccurate information: The ELD data can also help to disprove any inaccurate information that the driver or trucking company may have provided. For instance, while a driver can easily alter their logbook to reflect that they have complied with hours-of-service rules, the ELD data will provide straightforward evidence that can’t be easily tampered with.
Additionally, ELD data can help your truck accident attorney restructure how the accident occurred by painting a picture of exactly how the truck was behaving at the time of the accident. ELD data can also be cross-referenced with other sources of information, such as blackbox data and GPS logs.
When Trucking Companies May Challenge ELD Evidence
ELD evidence in a truck accident case in Portland plays a huge role in establishing liability and providing trustworthy evidence. However, it isn’t uncommon for trucking companies to still try to challenge this type of evidence as a way of avoiding liability or reducing how much compensation you’re owed.
For instance, the trucking company may challenge this evidence if some records are missing, which could result in an unclear picture of how the accident occurred. Or the trucking company may try to claim that there were technical issues as a result of a third party or that the ELD evidence isn’t reliable.
How to Preserve Electronic Evidence
When you’re pursuing a truck accident case in Portland, Oregon, you must prioritize protecting critical pieces of evidence. Especially when it comes to electronic evidence, it’s much easier for this information to be lost or tampered with. So, you need to work closely with a Portland truck accident attorney so that you can quickly identify crucial pieces of evidence and preserve them for your case.
ELD data is especially at risk since federal law only requires commercial carriers to store this data for six months. So, you need to access this data before the six-month period is over.
Also, you and your attorney may need to send a spoliation or preservation letter to the trucking company, which will halt the routine deletion of important data. If the trucking company ignores these letters, the court could pursue further legal action against it.
Hire an Experienced Truck Accident Attorney at Henderson Taylor Law Firm
Protecting ELD data after a truck crash in Portland should be your top priority, especially if you’ve sustained serious injuries as a result of the accident. Electronic logging device data will help to support your claim, establishing fault so that you can get the compensation you deserve.
At Henderson Taylor Law Firm, our Portland truck accident attorneys can help you get access to commercial truck ELD records, preserving them so that they aren’t lost or destroyed. For expert legal representation from one of our attorneys, contact us today at 360-737-1478 or fill out our online form.
FAQ Section
Can ELD records prove driver fatigue?
ELD records have some limitations as they cannot specifically show proof of driver fatigue. However, these records can show how long the truck was in motion before the accident and how frequently the driver took rest periods. All of this information can help to support the theory that the driver was fatigued at the time of the accident.
How long are ELD records kept?
Under the FMCSA ELD guidelines, commercial carriers only have to store ELD records for a total of six months. After the six-month window, it’s very likely that the trucking company will delete all of this data.
Can trucking companies refuse to provide ELD data?
No, a trucking company cannot refuse to provide important truck records, such as ELD data. If they do, you can pursue more aggressive legal action with the help of your attorney to ensure you get access to these records before they’re destroyed.