There are rules that govern truck drivers so that they won’t drive when they are too tired. Those rules are known as Hours of Service, or HOS, and they spell out how many hours a driver can work before resting.
If a truck driver breaks those rules and causes a crash, investigators look for clues and evidence to show they flouted the laws. Here’s what that evidence might be and how it works to reduce the risk of truck accidents.
Electronic Logging Device (ELD)
Most trucks are fitted with an electronic device, an ELD, which records when the driver is driving, resting, or on duty. The ELD will display:
- The time
- The dates
- The length of time the truck moved.
If the device displays that the driver drove too many hours without the required rest, that is strong proof that they broke the HOS rules.
Truck Engine Data (ECM)
Major trucks have onboard data systems that record:
- Speed
- Hard braking
- Sharp steering
- When the engine was turned on
It is sort of a black box like those on airplanes. Investigators can use that data to determine whether the truck drifted, made sudden stops, or otherwise showed signs indicative of sleepy driving.
Dashcam or Nearby Camera Video
Many cars and trucks have dashcams. A video can show the driver’s behavior, how long they were on the road, and whether they nodded off or didn’t react quickly. The video is very clear and often helps the most. If a dashcam shows the truck drifting or the driver’s head bobbing, that’s powerful proof.
Police Reports and 911/Witness Statements
Police who arrive at the scene write reports. If officers saw bloodshot eyes, slurred speech, or the driver admitted they were tired, that goes in the report. Other drivers or people nearby can also tell what they saw. These statements help build the story of what happened.
Medical Records and Testing
The medical records may show sleepiness or signs of fatigue if the driver was treated at a hospital. Sometimes doctors note if a person was very tired or fell asleep in the ambulance. Also, toxicology reports check for medications or drugs that might make someone sleepy.
Dispatch Records and Company Rules
Trucking companies maintain dispatch logs that reflect where a driver was to have been and when. If a company forced a driver to continue beyond safe hours, such pressure can be reflected in dispatch notes, emails, or messages. This may amount to shared responsibility, not just with the driver but with the company as well.
Phone Records and GPS Tracks
Phone records can reveal if a driver was texting or awake at odd hours, while GPS can show how long the truck was moving and where it stopped. All this can help investigators check the ELD and the truck’s story.
How This Works in Alabama
The hours-of-service rules emanate from the federal agency FMCSA and apply throughout the United States, including Alabama. Investigators in Alabama focus on:
- A truck’s ELD
- Videos
- Police reports
- Medical facts
To determine if the driver violated HOS rules. And if the driver did violate the rules and that caused the crash, then the driver, and sometimes the trucking company, can be held liable for causing injuries and/or death.
What victims should do is:
- Call 911 and get a police report.
- Keep any videos or photos, such as dashcam footage.
- Write down witness names and what they saw.
- Tell your doctor and keep medical papers.
- Speak with a trucking accident attorney who understands how to quickly obtain ELDs, black box data, and dispatch records.
Conclusion
It takes many pieces of evidence to prove that a truck driver ignored fatigue laws:
- ELDs, engine data, videos, police and medical reports, and company records are vital as evidence.
- When the pieces fit together, they can show whether a driver was too tired and broke the rules.
- This helps make roads safer and ensures people who were hurt can get help.
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