The Federal Motor Carrier Safety Administration (FMCSA) sets specific limits on the hours truck drivers can spend on the road to ensure safety. These Hours of Service (HOS) regulations aim to prevent driver fatigue and reduce truck accidents. Electronic Logging Devices (ELDs) are used in the commercial trucking industry to track a driver’s hours of service digitally.
However, safety investigators have warned the FMCSA to tighten requirements following a deadly truck crash involving fake driver HOS logs.
A rear-end collision with fatal injuries
On Friday, December 16, 2022, a tractor-trailer operated by Triton Logistics Incorporated was traveling east on Interstate 64 (I-64) near Williamsburg, Virginia, when it crashed into the rear of a medium-sized bus traveling at 20-25 mph. The tractor-trailer was traveling at about 65-70 mph.
Three bus occupants died in the crash, 9 suffered serious injuries, and 11 suffered minor injuries. The truck driver also suffered serious injuries.
In its crash report, the NTSB found that the truck driver did not brake or take evasive action. It was also determined that it was “due to fatigue from excess driving time and lack of sleep opportunity.”
“Contributing to the truck driver’s fatigue was the motor carrier, Triton Logistics Incorporated, which created fictitious driver accounts in the electronic logging device system and enabled drivers to operate their vehicles for hours in excess of federal regulations,” the report noted.
Deceptive practices discovered
During its 20-month investigation, the NTSB found that drivers were instructed by management to manipulate their ELD logs if they exceeded drive time limits.
“Specifically, the drivers would call in to the carrier’s HOS department by cell phone and the carrier would log them into the alternate driver account, which allowed them to continue driving under a false account and circumvent the HOS regulations,” the NTSB report said.
The truck driver in the fatal crash told investigators about a data center in Lithuania “that Triton used to manage — and when needed, manipulate — drivers’ electronic logs to make it look like they had more time for rest than they really did.”
Following the investigation, the NTSB recommended that FMCSA revise existing ELD requirements. They suggested a requirement that ELD providers create an audit log including the date, driver login time and who logged them in, the names of anyone who edited the log, driver’s license numbers, and active driver list changes.
The FMCSA fined Triton $36,170 for violations, including “making, or permitting a driver to make, a false report regarding their duty status and allowing a driver to exceed HOS limits.”
Experienced truck accident lawyers who fight for justice
The consequences of a truck accident can be devastating and life-changing. Victims can be left with catastrophic injuries such as traumatic brain injuries (TBI) and spinal cord injuries. Medical expenses can quickly become overwhelming, and victims may not be able to work.
However, insurance companies often challenge claims for compensation. They may dispute liability, downplay the extent of your injuries, argue injuries were pre-existing, or prolong the claims process. Many times, they’ll make a quick settlement offer that falls far short of covering the damages you’ve suffered.
That’s why you need a knowledgeable and experienced truck accident lawyer who can fight for the justice you deserve. At Fried Goldberg LLC, we know the tactics that insurance companies use to minimize compensation. Our attorneys stay up-to-date on FMCSA regulations and thoroughly investigate your accident to get the facts.
More than 95% of our practice is dedicated to cases involving truck accidents. We are committed to helping you get the compensation you deserve. If you’ve been injured in a truck accident, learn more about how we can help. Contact us to schedule a free consultation.