All semi-truck drivers must abide by the rules and regulations set by the Federal Motor Carrier Safety Administration (FMCSA). The laws include hours of service (HOS) and more.
Nowadays, truckers use electronic logging devices (ELDs) to report their hours and other data. Some truck drivers and the trucking companies they work for manipulate this data and put lives in danger.
Englander Peebles is a team of Florida truck accident attorneys committed to representing victims of truck accidents. In this blog post, we shed light on the ways that truck drivers cheat their log books and how to get truck accident legal support.
Understanding Florida and Federal Truck Regulations
The hours of service for truck drivers are regulated by the FMCSA, and along with the rules set in Florida, they state that drivers are required to take mandatory rest breaks between their hours on the road. In the past, motor carriers and truck drivers relied on logs that were filled in manually.
Now with new ELD technology, motor carriers must have these devices installed in their vehicles as of 2017. Failing to report hours of service and other important data can result in penalties and fines. Since these rules are for the safety of truck drivers, it is a huge violation when tampering with ELDs.
How Truck Drivers Cheat the Log Book System
ELDs are harder to manipulate than old paper logs but trucking forums have spread information on how to cheat the log books. Some fake log books or create duplicates to show authorities, sneaking around the system.
Why do they do this? Some drivers think that the rules are too bureaucratic and controlling. They don’t consider the safety aspect of the regulations for hours of service.
In the forums, there are suggestions that advise unplugging the ELD, claiming the equipment malfunctioned, and then presenting fake paper logs. Other suggestions include entering another trucker’s login to create a ghost driver, allowing them to continue driving beyond their hours of service.
In some cases, personal conveyance was suggested to claim the trucker was driving the truck for a reason that did not involve work, which is not regulated for the standard hours. Whatever the tactic may be, cheating on the logs is a way for them to add more driving time without any negative repercussions.
When truckers manipulate the logs, they are violating the rules. The FMCSA also holds the trucking company responsible, even if it had no part in encouraging cheating, as it is their responsibility to verify the data.
How Cheating Log Books Affects Victims in Truck Accidents
Federal laws demand that truck drivers take rest breaks to prevent drowsy driving. Drowsy driving can be as dangerous as driving while impaired because reaction times are slowed. Some drowsy drivers even fall asleep behind the wheel, making the truck extremely dangerous for everyone on the road.
Even though these laws exist, drowsy driving accounts for many of the truck accidents that occur every year. If you were in a truck accident, filing a truck injury claim for the accident may be a challenge if the driver made changes to the ELD data. The truck driver and their trucking company may use the altered data to claim they followed the rules.
This can be tricky, but it’s not impossible to prove. Experts who know how to look for discrepancies can help in a truck accident case, proving that negligence occurred and resulted in the accident that caused your serious injuries.
What Florida Truck Accident Attorneys Can Do to Help
Truck accident legal support is strongly advised for any type of truck crash. Your main priority as the victim should be getting the rest you need, going to the doctor, and following the medical treatment plan to help you heal.
A truck accident lawyer in Fort Lauderdale can help you investigate the cause of the crash by hiring experts who know how to spot manipulated data. With this evidence in your corner, you’ll be able to fight the liable parties and their insurer for the compensation you deserve.
After a truck accident in South Florida, make sure you contact Englander Peebles to discuss your case. Even when the log books haven’t been tampered with, truck accident cases are highly complex due to the laws that regulate the industry on the federal and state levels. With an attorney, you’ll have someone who understands the rules and knows how to spot violations to help you build a strong case.