Latest / BSPE Legal Marketing Podcast / When Does an ELD Logbook Violation Under 49 CFR § 395.8 Become Evidence of Trucking Company Negligence? - Colucci, Colucci & Marcus, P.C.

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When Does an ELD Logbook Violation Under 49 CFR § 395.8 Become Evidence of Trucking Company Negligence? - Colucci, Colucci & Marcus, P.C. · BSPE Legal Marketing Podcast

• 0:00
  When Does an ELD Logbook Violation Under 49 CFR § 395.8 Become Evidence of Trucking Company Negligence?
• 0:08
  Every time a massive commercial truck rolls down a Massachusetts highway, federal rules are quietly working in the background to ensure that driver is not dangerously exhausted behind the wheel.
• 0:18
  An Electronic Logging Device, or ELD, is an electronic system that synchronizes with a truck's engine and records driving time, geographic location, engine hours, vehicle miles, and changes in a driver's duty status.
• 0:32
  Together, these records create a detailed timeline showing exactly how long a driver was on duty and whether federal driving limits were followed in the hours before a crash.
• 0:41
  Under 49 CFR § 395.8, covered motor carriers must require drivers subject to the ELD rule to use a compliant device, with only narrow exceptions for drivers using paper logs on no more than eight days within any thirty-day period.
• 0:57
  When those records are falsified, tampered with, or missing entirely, the consequences for crash victims can be devastating and the legal implications for the trucking company can be significant.
• 1:08
  Federal rules strictly prohibit drivers and carriers from falsifying duty-status reports or tampering with an ELD so that it fails to accurately record and retain the required data.
• 1:18
  Other common violations include unidentified driving time, where a commercial vehicle moves without an authenticated driver logged in, failure to retain records of duty status for at least six months, and improper handling of ELD malfunctions.
• 1:32
  When an ELD malfunctions, the driver must notify the carrier in writing within twenty-four hours, reconstruct required records, and use manual logs until the device complies with federal requirements.
• 1:43
  Hours-of-service limits under 49 CFR § 395.3 are equally important, capping property-carrying drivers at eleven hours of driving after ten consecutive hours off duty and prohibiting driving beyond the fourteenth consecutive hour after coming on duty.
• 2:00
  Drivers are also barred from continuing behind the wheel after eight cumulative hours of driving without at least a thirty-minute interruption, and the sixty or seventy-hour weekly on-duty limits apply depending on how frequently the carrier operates.
• 2:15
  Under Massachusetts law, a violation of a federal safety regulation does not automatically establish negligence, but it can serve as powerful evidence that a driver or trucking company failed to use reasonable care.
• 2:28
  To support a negligence claim, a plaintiff must show that the defendant owed a duty of care, breached that duty, and caused compensable harm, and ELD violations can directly support that analysis when connected to the conduct that caused the crash.
• 2:42
  For example, ELD records showing a driver exceeded permitted driving limits before a fatigue-related collision can help link the federal safety violation directly to the cause of the wreck.
• 2:54
  Records showing that a carrier knew about repeated hours-of-service problems and failed to address them can also support a claim based on the carrier's own independent conduct.
• 3:03
  After a serious truck accident, preserving ELD records quickly is critical, and having a seasoned attorney review those records can make all the difference in building a successful negligence claim.
• 3:14
  At Colucci, Colucci & Marcus, P.C., Boston truck accident lawyer Dino M. Colucci represents people injured in serious commercial trucking accidents, drawing on decades of experience identifying federal safety violations and connecting them to the cause of a crash.
• 3:29
  If you or someone you love was injured in a truck accident, contact Colucci, Colucci & Marcus, P.C., located at 31 Milk St 4th Floor, Boston, MA 02109, United States, by calling 617, 958, 3807 to discuss your case with a dedicated truck accident lawyer today.