Truck drivers and trucking companies are legally required to document their activities in detail in the form of logbooks and electronic logging devices (ELDs). During a truck accident investigation in Texas, logbooks can provide critical information about whether a truck driver or truck company was complying with federal safety regulations.
What Is a Logbook in Commercial Trucking?
The Federal Motor Carrier Safety Administration (FMCSA) requires electronic logging devices to be maintained by all commercial motor vehicle drivers and common carriers. ELDs can be located on portable devices mounted within trucks or on smartphones or other wireless devices that meet the FMCSA’s technical specifications. ELDs have replaced paper logbooks as the accepted method of documentation for most commercial vehicles.
What Information Does a Logbook or ELD Contain?
A logbook or ELD must contain specific information about a truck driver’s hours on-duty and off-duty, as well as driver status and general employment details. It is a record-keeping tool that must meticulously document driver details for the record.
Information that must be recorded in driver logbooks includes:
- The date
- Total miles driven
- The truck or trailer number
- The carrier’s name and main office address
- The truck driver and co-driver’s names
- A driver’s hours of service logs (24-hour period starting time)
- Records of duty status (“off-duty,” “sleeper berth,” “driving” or “on-duty not driving”)
- The driver’s signature or certification
- Annotations explaining and verifying any edits
Truck drivers must have logs for the past seven days to present to law enforcement upon request. Motor carriers must maintain ELD records and separate backups for at least six months. The FMCSA will not retain any ELD data unless there has been a violation, such as a moving infraction committed by a truck driver or a federal compliance violation by a trucking company.
How Can a Driver Logbook Inform a Truck Accident Investigation?
The goal of a truck accident investigation is to identify the cause of the accident and name the parties that are liable, or legally responsible, for resultant injuries and damages. Logbooks present an important source of information, data and potential evidence that can inform an investigation.
A logbook may show that a truck driver has broken the FMCSA’s hours-of-service restrictions, for example, posing a risk of driver fatigue and drowsy driving truck accidents. Skipped rest or meal breaks, unapproved shortcuts, ignored truck maintenance, and inconsistencies and inaccurate information could all present evidence of negligence during a truck accident claim.
How to Use a Logbook as Evidence for Your Truck Accident Case
A logbook or ELD could provide important evidence of federal trucking regulation violations for your Texas truck accident claim. Obtaining a driver’s logbook after an accident with help from a truck accident attorney could reveal infractions, violations or fraud that may have contributed to the wreck.
If discrepancies are discovered in the logged information, such as falsified records, this can serve as evidence of negligence on a larger scale. The truck driver and/or trucking company may be guilty of knowingly breaking safety laws and altering logbooks to cover up violations. This information can help your attorney make a stronger case for negligence on your behalf.
If you wish to obtain a logbook or ELD record after a serious truck accident in Texas, start by contacting a lawyer. Early legal representation is critical, as logbook information may be erased after six months. Your lawyer can send a spoliation letter to the trucking company mandating that it retain and preserve logbook evidence for use during your case.