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Chicago Personal Injury Blog

What You Need to Know About Truckers Driving without ELDs

by Jared Staver in Truck Accidents

All commercial bus and truck drivers are required to install and use an electronic logging device or ELD. The purpose of an ELD is to help truckers remain compliant with the Hours of Services (HOS) regulations that are intended to improve road safety and prevent driver fatigue. As of April 2018, any commercial vehicle driver who is driving without an ELD will be placed out of service for 10 hours.

If you are involved in an accident that was caused by a trucker without an ELD, it is in your best interest to reach out to an experienced Chicago truck accident lawyer at Staver Accident Injury Lawyers, P.C.. Call us today at (312) 236-2900 to arrange a free case assessment.

What is the ELD Rule?

The new ELD rule, which was enacted in December 2017, is enforced by the Federal Motor Carrier Safety Administration (FMCSA) of the U.S. Department of Transportation. It requires all commercially licensed drivers who are legally required to comply with HOS requirements to use electronic logging devices (ELDs) instead of a record of duty status (RODS).

The FMSCSA hopes that the new ELD rule will lead to safer roadways by using modern technology and replacing traditionally written logs that are impossible to verify. With ELDs, road safety inspectors will have an easier time inspecting driving records and discovering violations.

What Happens When a Commercial Driver Fails to Adhere to the ELD Rule?

In April 2018, an announcement by the FMCSCA was made stating that any commercial motor vehicle driver who is operating their vehicle without a registered ELD will not be able to drive for 10 hours.

Once the 10 hours out of service has passed, the driver may continue to their final destination if they have documented their HOS requirements accurately on a paper log. They must also have a copy of the citation and inspection report.

In the event the driver is found again to be driving without an ELD, they will be out of service for another 10 hours unless they are driving back to their workplace or acquiring an ELD.

What if I’m in an Accident With a Truck Driver Without an ELD?

An ELD can show whether or not a truck driver was following the HOS requirements when the accident occurred. It may reveal that a driver exceeded their hours and may support a victim’s case.

If you are involved in a car accident with a truck driver who was behind the wheel without an ELD, it can be more challenging to prove your claim with the insurance company. However, by reaching out to a truck accident lawyer, you can ensure your rights are protected and hold the trucker accountable for failing to drive with an ELD.

Speak With a Truck Accident Lawyer at Staver Accident Injury Lawyers, P.C.

If you sustain an injury in a truck accident, reach out to Staver Accident Injury Lawyers, P.C. today. We’ll determine whether the trucker was driving with an ELD and may be able to recover compensation for your damages. Contact us at (312) 236-2900 for a free, no-obligation consultation with a highly skilled truck accident lawyer.