Truck Crash Injury Claim Evidence: ELDs, EDRs, and FMCSA Regulations to Show Liability

After a semi-truck crash in Illinois or Indiana, accident victims often suffer life-altering or fatal bodily injuries and there are lots of investigators searching for answers as to why it had to happen. And the risk of a horrific or fatal truck accident is greater here in Illinois and Indiana, since we have such a tremendous amount of commercial truck traffic moving through our part of the country. See, Semi Trucks and Big Rigs: High Indiana and Illinois Commercial Truck Traffic Creates Dangerous Conditions.

Lots of experts are involved after a severe large truck crash. Police on the scene will form their initial opinions in filed reports. Insurance adjusters, sometimes arriving surprisingly fast, will begin to gather facts to use in policy coverage decisions. Government regulators from agencies like the Federal Motor Carrier Safety Administration (“FMCSA”) may also be involved in detailing every second of the incident, alongside advocates for the truck crash victims themselves.

These investigating experts may include all sorts of professionals, from (1) heavy truck system specialists; (2) accident reconstructionists; (3) telematics analysts; (4) download technicians; and (5) electronic forensic experts. See, Accident Reconstruction Experts and Injury Claims.

More than one team of experts may be on the job at the same time. All will be invested with the task for gathering facts and data and forming opinions on the causes of the truck crash.

And while this involves all sorts of things, from witness statements to CCTV camera footage from neighboring businesses, two types of technological information are pretty standard in today’s truck accident investigations: the data found in the truck “black box” (formally, the Event Data Recorder or “EDR”) and in the truck driver’s logs (formally, the Electronic Logging Device, or “ELD”).

For more details on each, read our earlier discussions in: Semi-Truck Crash: Evidence To Prove Injury Claims Using The Rig’s Electronic Logging Device (ELD) and Black Box Data in Semi-Truck Crashes: The Importance of EDR Evidence.

Truck Crash Injury Liability: The Coordination of EDR and ELD Evidence

Commercial trucks moving through Illinois and Indiana, with certain exceptions (think intrastate use only, or small vehicles), must have ELDs installed on their trucks pursuant to FMCSA regulations (see 49 CFR 395 Subpart B).

There is no special FMCSA regulation that demands an EDR be placed on the rig, but most rigs have them installed. Accordingly, the individual black box data will vary by make, model, and vendor since there is no FMCSA standard.

These gizmos gather information automatically. Government investigations can get downloads via statute. Private parties (like the victims) get downloads via legal process (think subpoena).

For truck crash victims and their loved ones, having their investigation team determining why the crash happened is vital so their legal advocates can confirm which third parties may have legal liability for their injuries because of a breach in legal duties of care and safety.

While the EDR and ELD evidence may not reveal all those with legal responsibility, this data working together with the right expert analysis, can help those hurt in truck accidents.

1. ELD Logs, EDR Data, and Truck Driver Fatigue

The ELD logs will reveal if the trucker was within the required FMCSA regulatory HOS limits or if there was a possibility of truck driver fatigue contributing to the crash because of the truck driver exceeding the 11‑hour, 14‑hour, 30‑minute break, or 60/70‑hour limits.

How? Experts may find that the EDR data reveals things like late braking time or another form of slow reaction by the trucker, working with the ELD information to show that there is an argument of fatigue impaired driving at the time of the truck crash. This may form the basis of a negligence claim.

See, 49 CFR 395.3 (HOS limits); 49 CFR 395.8 (required duty‑status records); 49 CFR 395.10 (fatigue‑prevention purpose for the HOS rules); and 49 CFR 395.20–395.22 (ELD applicability, performance, and carrier responsibilities).

2. Speeding, Distracted Behavior Before the Truck Crash

The EDRs automatically register the speed of the vehicle, as well as things like the position of the throttle and when the driver hits the brake pedal. The activation of the truck’s automatic anti-lock braking system (“ABS”) may be critical to showing if the driver was distracted at the time of the accident.

The ELD location and time data (see 49 CFR 395.26) can work with this EDR information to confirm if speeding was involved in the truck crash, or if there was distracted driving on the part of the operator of the vehicle at the time of impact. This helps the victim establish negligence, as well.

3. Mechanical Failures: Discovering Parts or Product Liability

The EDRs will give investigators information about things like engine faults; engine hours; diagnostic trouble codes; and vehicle movement. Experts may find that the cause of the accident was due to problems with parts, or malfunctions with products. This discovery can form the basis of product liability or defective product claims, or negligence claims against those liable for inspecting and maintaining of the rig (both the tractor and the trailer).

See: 49 CFR 396.3 (required systematic inspection & maintenance); and 49 CFR 395.26(c) (engine hours & vehicle miles recorded by ELDs used to verify maintenance claims).

4. Carrier Failures As Basis for Liability

Working together, the ELD and the EDR can reveal to the investigators that the motor carrier is culpable for what happened because of things like putting pressure on the trucker to keep driving past the HOS limits; simply ignoring driver compliance with FMCSA regulations; or other violations of mandates that include safety protections like using only registered and approved ELDs.

See, 49 CFR 395.22(a) (must use registered, compliant ELDs); 49 CFR 395.34 (carrier’s duties regarding ELD malfunctions); and 49 CFR 395.22(k) (carriers cannot harass or pressure truck drivers using ELD data).

5. Monkeying With the Gizmos: Manipulation or Falsification of Evidence

Forensic experts gathering the data from the EDR and the ELD will be able to confirm the condition of the information not only from the physical structure itself but from its internal history. Edits may be found that reveal changes were made to the data in an attempt to hide culpability.

This is strong evidence of liability for all those involved in the matter. See: 49 CFR 395.30 (ELD edits & annotations); 49 CFR 395.22(b) (carrier responsibility for integrity); and 49 CFR 390.35 (prohibition on falsification of records).

Expert Analysis of ELDs and EDRs in Proving Truck Crash Claims In Illinois and Indiana

For anyone injured in an accident involving a big rig, 18-wheeler, semi-truck, tractor-trailer, or other large commercial truck in Illinois or Indiana, the reasons for what happened and why they were harmed may not be established for weeks or even months.

No matter how obvious the cause of the crash may seem (think a rollover in a big wind storm), specialists will be needed to sort through all sorts of minute details in order to construct everything that occurred and all the reasons for the truck crash.

This will include downloading and studying all the information on the truck ELD and EDR. It will also involve studying the data on any other truck ELD and EDR that is involved in the accident, alongside the gizmos installed on other motor vehicles that may have been impacted in the collision. For instance, black boxes are found on many passenger cars today as overseen by the National Highway Traffic Safety Administration.

The expert analysis may also find third party liability outside the ELD and EDR data. Some third parties may be responsible for the truck crash that are not revealed in the study of this information, such as cargo loading companies (see 49 CFR 393.100–136) or freight brokers. Read, Expanded Semi-Truck Crash Liability: SCOTUS Rules Freight Brokers Are Liable for Negligent Choices in Transporting Goods.

Today’s technology can help truck crash victims discern those who have breached legal duties of safety and care as defined by law so they can pursue legal claims and causes of action against them, as defined by state law. Understanding the complexity of these types of accidents, and the need for expert help in combing through all the facts, is important for all victims seeking justice.

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Truck crash cases are often factually complex and need the help of expert investigators to ferret out the reasons for what happened and what parties have legal liability for the accident damages. Illinois and Indiana both have heavy 18-wheeler and semi-truck traffic with an increased risk of these types of catastrophic crashes. Please be careful out there!