ELD & Logbook Evidence in Truck Accident Cases
Electronic logging devices are digital witnesses that never forget. They record exactly when, where, and how long a driver was on the road—critical evidence for proving fatigue and hours-of-service violations.
Key Takeaways
- Automatic Recording: ELDs connect to the truck's engine and automatically log driving time, location, and duty status—no driver input needed.
- Hours of Service: Drivers are limited to 11 hours of driving within a 14-hour window after 10 consecutive hours off duty.
- Data Disappears Fast: While carriers must retain ELD data for 6 months, backup systems may overwrite in 30-60 days. Act immediately.
- Manipulation Is Detectable: Despite safeguards, some drivers falsify records—but forensic analysis of GPS, fuel, and toll data exposes fraud.
What ELDs Automatically Record
Under the FMCSA ELD mandate, electronic logging devices must automatically capture this data—creating a digital paper trail of every trip.
Date & Time
Precise timestamp of every duty status change—on-duty, off-duty, driving, sleeper berth
GPS Location
Coordinates at each status change, enabling route reconstruction and speed calculation
Engine Hours
Cumulative running time from the engine's ECM, verifying actual driving activity
Vehicle Miles
Odometer readings that cross-reference with other mileage records
Driver ID
Who was logged in, detecting unauthorized substitution or multiple-profile abuse
Edit History
All annotations, amendments, or corrections—and who made them
Federal Hours of Service Rules
Hours-of-service (HOS) regulations exist because fatigued driving kills. A driver who has been awake for 18 hours is as impaired as someone with a 0.08% blood alcohol level—legally drunk.
| Rule | Description | Limit |
|---|---|---|
| 11-Hour Driving Limit | Maximum driving time after 10 consecutive hours off duty | 11 hrs |
| 14-Hour Driving Window | All driving must occur within 14 hours of coming on duty | 14 hrs |
| 30-Minute Break | Required after 8 cumulative hours of driving | 30 min |
| 60/70-Hour Limit | Weekly maximum on-duty time over 7/8 consecutive days | 60-70 hrs |
| 34-Hour Restart | Option to reset weekly hours with extended off-duty period | 34 hrs off |
"ELDs automatically track these limits and alert drivers when they're approaching violations."
But pressure from dispatchers to meet delivery deadlines leads many drivers to push past legal limits—creating liability for drivers and carriers alike.
How HOS Violations Prove Liability
In truck accident litigation, ELD data is powerful evidence because it's automatic and objective—it doesn't rely on witness testimony or driver statements.
Fatigue
ELD shows driver exceeded legal driving limits—establishing they were likely impaired by exhaustion. Strong negligence evidence.
Speeding
GPS coordinates and timestamps allow calculation of speed between locations. Evidence of excessive speed before impact.
Pattern Violations
History of HOS violations suggests carrier tolerance of unsafe practices—establishing Monell-style pattern liability.
Dispatch Pressure
Comparing ELD data to dispatch communications reveals whether drivers were pressured to violate HOS rules. Carrier negligent hiring/supervision.
Common ELD Manipulation Tactics
Despite the ELD mandate, some drivers and carriers still attempt to circumvent requirements. We know how to detect these schemes.
| Tactic | How It Works | How We Detect It |
|---|---|---|
| Multiple Driver Accounts | Using another driver's login to hide driving time | Cross-reference with fuel receipts, GPS, and weigh station records |
| Personal Conveyance Abuse | Claiming off-duty status while actually hauling loads | Compare 'personal' mileage with load documentation and delivery times |
| Yard Move Exploitation | Driving miles under 'yard movement' exemption | GPS data showing highway travel during 'yard moves' |
| Device Disconnection | Unplugging ELD during driving, claiming malfunction | Gap analysis showing 'unidentified' driving entries |
| Co-Driver Substitution | Team drivers logging time under wrong name | Compare driver logs with rest facility receipts and cell phone tower data |
Forensic Analysis Is Key
We don't take ELD data at face value. We compare it against fuel receipts, toll records, weigh station logs, delivery receipts, GPS tracking, and cell phone tower data to detect inconsistencies and prove manipulation—which itself is evidence of consciousness of guilt.
Preserving ELD Evidence
Federal retention requirement
Days until backup overwrite
When we send preservation letters
What to Request
- Driver's ELD data for 30 days before the accident (not just the day of)
- All edits, amendments, and annotations to logs
- Dispatcher communications regarding schedules and loads
- Evidence of ELD malfunctions or "unidentified driver" entries
- Carrier's HOS compliance audit reports
- Raw data files from ELD provider—not carrier-generated summaries
Strategic Tip: Don't rely on the carrier to produce ELD data honestly. We subpoena records directly from the ELD provider (KeepTruckin, Samsara, Omnitracs, etc.), who maintain independent copies.
Frequently Asked Questions
Related Topics
Need to Preserve Critical ELD Evidence?
ELD data can disappear within weeks. We send preservation letters immediately and know how to obtain and analyze electronic logging data.
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