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EOBR & EDR Devices

The devices that tell the full story of every trucking accident.

Electronic On-Board & Event Data Recorders

Importance of EOBRs, EDRs, & the "Black Box"

There are several ways to prove that driver or employer negligence contributed to an accident—including information from an electronic on-board recorder (EOBR) and the event data recorder (EDR), or the "black box" of a truck. These devices log a driver's hours and record the events before, during, and after an accident so that the employer or insurance company can access the records at a later time. Without an attorney, it will be impossible to get your hands on this data and use it to your advantage after being involved in an accident.

However, with a skilled truck accident lawyer by your side, you may be able to use this information and hold the truck driver and insurance company accountable for damages and injuries caused.

Proposed Legal Requirements for EOBRs

A rule was planned to go into effect in June 2012 that would have required carriers with a history of abusing driver hour limitations to install EOBRs on their vehicles. This rule would have affected a small proportion of trucking companies—approximately 1% of carriers. Though the rule was meant to protect truck drivers and other motorists, the Owner-Operator Independent Drivers Association had concerns it would open the door to driver harassment by giving trucking companies a new way to carefully monitor their employees in order to pressure them into driving more.

Ultimately, the U.S. Court of Appeals for the Seventh Circuit struck down the proposed rule.

This ruling comes as a severe blow to the FMCSA, which had proposed new regulations in 2011 that would have required truck and bus companies to install EOBRs in order to monitor commercial drivers. The proposal was meant to make highways safer by ensuring that all trucking companies were properly tracking truck drivers' time behind the wheel.

Mandating EOBRs

While many safety coalitions are pushing to make electronic on-board recorders a requirement in commercial vehicles, their petitions have been denied.

How Would EOBRs Help with Truck Driver Fatigue?

Currently, truck drivers are required to record their hours driven in written logbooks that are later reviewed by inspectors; however, these books are so commonly (and easily) forged, that many truck drivers refer to them as "comic books."

Some truckers have adopted the practice of keeping two separate logbooks—one with falsified information they show inspectors and one with the actual numbers. In fact, an astonishing 1/3 of all interviewed drivers stated that they have either often or sometimes omitted hours from their logbooks.

This, however, could be easily combated were EOBRs required on all trucks as it would be not be simply to forge the data gathered by the device. Then, instead of relying on the integrity and honesty of the truck driver, hours-of-service would be monitored automatically by the on-board device. In 2006, Europe began the practice of requiring EOBR use.

Collecting Data from the Electronic Control Models

Most of the data that is used in truck accident cases is found in the electronic control models (ECM). Almost all modern big rigs wheelers have an ECM in their vehicle. This will amass downloadable data that can be deciphered in almost any type of case. The ECM contains evidence to prove the truck's average speed, the percent of times it traveled between 65 and 71 mph, and the percent of times it sped over 71 mph. It can also determine the highest speed the truck moved.

The ECM was created to hold drivers accountable and emphasize road safety. This is because many drivers are concerned about saving fuel or complying with maintenance regulations, but fail to think about safety needs on the road.

When data on the ECM reveals that a driver has dangerous and harmful driving habits that resulted in a crash, and the trucking line continued to use that driver anyway, then you may have the right to prove negligence on part of the trucking company, rather than suing the individual driver. Negligence of this type can become a large factor in the outcome of your case.

Contact Arnold & Itkin for Skilled Legal Help: (888) 493-1629

If you were in a truck accident, hire an attorney willing to look at the different sets of data and carefully investigate your case. Between police reports, witness accounts, and data from in-vehicle devices, you may be able to decipher negligence or other wrongful action. You want to make sure that you have a solid case when you head to court if you want to achieve the maximum amount of damages. Arnold & Itkin have been able to recover billions of dollars on behalf of our clients. We also has a "no recovery, no fee" policy, which means that if you don't receive finances from your lawsuit, then you don't have to pay the attorney who assisted you.

Contact our firm for a free consultation today at (888) 493-1629!

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  • $12 Million Massive Settlement Obtained for Truck Driver Arnold & Itkin is proud to announce that our firm has secured a $12 million settlement on behalf a truck driver who was crushed by his own cargo—which then led directly to a stroke. The driver, who was 56 years old at the time, now requires costly ...
  • $10 Million Settlement Obtained for Family Affected by Fatal Vehicle Accident Our firm represented the family of two people who were killed after their vehicle was hit by an 18-wheeler running a red light. We were successful in reaching an eight figure settlement on their behalf.
  • $10 Million Settlement Won for Family Against Negligent Trucking Company Attorneys Kurt Arnold, Caj Boatright, and Ces Tavares represented a family who had lost their father in a tragic 18-wheeler accident. He was driving home when a trucker made a dangerous maneuver and caused a massive collision. The trucking company ...
  • $3.2 Million Settlement Reached for Injured Husband & Wife Attorney Cory Itkin represented a husband and wife who were injured after being hit by two semi-trucks. The wife sustained back injures while the husband was knocked unconscious; he needed several surgeries. Our firm was successful in reaching a ...
  • $2.1 Million Settlement Obtained for Truck Accident Victim Arnold & Itkin LLP secured a multimillion-dollar settlement for a man who suffered severe neck and back injuries in a truck accident. Our firm aggressively pursued the case until the defendant settled with our client days before trial.
  • $2 Million Large Settlement Obtained for Grieving Family Arnold & Itkin is proud to have secured a massive settlement for a family who lost their loved one due to the negligence and reckless action of a commercial vehicle driver. Our work will allow our clients to live in financial stability while they ...
  • $1.6 Million Large Settlement Reached for Victim of Severe Truck Accident Truck accident attorneys at Arnold & Itkin secured a sizable settlement for a client who was rear-ended by an 18-wheeler on the highway. Her injuries required multiple surgeries, but the defendants refused to take responsibility. Her $1.6 million ...
  • $1.5 Million Big Rig Accident Victim Received Jury Verdict Arnold & Itkin LLP obtained a $1.5 million verdict on behalf of a client who suffered a torn meniscus when he was bumped by a tractor trailer. We are especially pleased with this result because the defendants accepted no responsibility for the injury ...
  • $1.5 Million Jury Verdict Ruled in Favor of Longshoreman Arnold & Itkin obtained a $1.55 million verdict on behalf of a client who was seriously injured when a yard mule driver collided with the pickup truck in which he was standing. The defendants only offered to settle for $35,000 while denying the ...
  • $1.49 Million Settlement for Man Struck by a Truck Our firm helped represent a client who was severely injured after he was struck by a truck. We helped recover $1.49 million on his behalf.
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