An electronic logging device, or ELD, can be the single most important piece of evidence in an Arkansas truck accident claim.
It is a small unit wired into a commercial truck’s engine that records when the driver was working, resting, and driving in the hours before a crash. That record does not forget, and it does not exaggerate.
And while a driver can correct or annotate an entry, the original data must be preserved, so the timeline is hard to quietly rewrite.
Picture a tractor-trailer hauling poultry east on Interstate 40 between Little Rock and West Memphis late at night.
The driver is behind schedule, pushes past the federal driving limit, and rear-ends a passenger car near the West Memphis exit.
The driver may later claim he was rested and alert, but the ELD can show he had been driving for thirteen hours straight.
That gap between the story and the data is exactly where many Arkansas truck accident claims are won or lost.
The challenge is that this evidence has a short shelf life, and getting it usually takes fast, deliberate action.
What does an ELD record in the moments before a truck crash?
An ELD records a detailed timeline of the driver’s hours and the truck’s movement, not the cause of the crash itself.
Federal rules require the device to connect to the truck’s engine and automatically log driving time, engine hours, miles driven, and the truck’s location at each change of duty status and at set intervals while the truck is moving.
The device records driving automatically when the truck is moving, while the driver selects and certifies the other statuses, such as off duty, sleeper berth, or on duty but not driving.
Put together, these entries build a clear picture of how long the driver had been working and whether he was within his legal limits.
The Federal Motor Carrier Safety Administration ELD rule applies to most interstate commercial drivers who are required to keep records of duty status, though some operations are exempt, such as many short-haul drivers, drive-away and tow-away operations, and trucks from before model year 2000.
Covered carriers had to use an ELD or an older grandfathered device by December 18, 2017, and full ELD compliance was required by December 16, 2019.
It helps to understand how an ELD compares to the other onboard data that can support a claim.
| Evidence source | What it mainly records | Who controls it | How long it is kept |
| ELD (electronic logging device) | Driving hours, on-duty and off-duty time, engine hours, miles, and location at each duty change | The trucking company | At least six months under federal rules |
| Engine control module / “black box” | Often vehicle speed, braking, throttle position, and engine data around a crash, depending on the system | The trucking company or truck owner | No fixed federal retention period for heavy trucks, and it can be overwritten depending on the module and later use |
| Paper or manual logs | Hand-written duty status, used mainly when an ELD breaks down | The driver and trucking company | At least six months under federal rules |
The ELD answers the question of how long the driver had been awake and working.
The engine control module answers the question of what the truck was doing in the final seconds.
The two sources often work well together, since one shows fatigue risk and the other shows the physics of the crash.
How much of a difference can ELD data make in your claim?
ELD data can change a case from a dispute over memory into a claim built on hard numbers. Without it, a fatigue argument often comes down to one person’s word against another’s.
With it, a driver who logged more than eleven hours of driving has a written record working against him.
Federal hours-of-service rules under 49 CFR 395.3 limit a property-carrying driver to eleven hours of driving after ten consecutive hours off duty.
All of that driving must happen inside a fourteen-hour window, and the driver also faces a sixty-hour limit over seven days or a seventy-hour limit over eight days.
When an ELD shows the driver crossed one of these lines, it gives a concrete violation to point to rather than a vague claim of tiredness.
Fatigue is a serious and well-documented risk in this industry. The Large Truck Crash Causation Study reported that about 13% of commercial drivers were considered to have been fatigued at the time of their crash.
That figure reflects an association rather than proof that fatigue caused each crash, but it shows how often tired driving and serious wrecks appear together.
The same federal source notes that being awake for eighteen hours can impair a person about as much as a blood alcohol level of 0.08 percent, which is the legal limit for drivers.
An ELD is one of the few tools that can show, in writing, how long a driver had really been awake and at the wheel.
How does Arkansas’s 50 percent fault rule raise the stakes on ELD data?
In Arkansas, proof of the driver’s fault can decide whether you recover anything at all.
Arkansas follows a modified comparative fault rule under Arkansas Code 16-64-122, which the legislature most recently amended in 2023.
Under that rule, you can recover damages only if your share of fault is less than the fault of the party you are suing. If you are found to be 50% or more at fault, you may recover nothing.
This creates a hard line, and the percentage assigned to each side becomes the central fight in many truck accident cases.
ELD data can be the evidence that pushes the fault percentage in your favor. If the trucking company argues that you contributed to the crash, a log showing the driver was over his hours can shift the blame back toward the driver and the carrier.
A few percentage points can be the difference between a reduced recovery and no recovery, so objective evidence like an ELD record can carry real weight.
How do you get the ELD data before it disappears?
The most important thing to understand is that ELD data does not last forever. Federal rules under 49 CFR 395.8 require a trucking company to keep ELD records for only six months, along with a backup copy on a separate device.
That short window sits next to a much longer deadline to file most Arkansas injury lawsuits, which is generally three years.
In other words, the records you need most can be legally erased long before your time to file even runs out.
Getting the data usually starts with a preservation letter, which is a formal demand telling the trucking company to keep all ELD records, engine data, and related documents tied to the crash.
If the company will not turn the records over, the next step is usually a subpoena or a formal discovery request once a lawsuit is filed.
Federal rules also forbid a carrier from altering or erasing the original hours-of-service data, and a company that destroys evidence it was supposed to keep can face penalties in court.
In Arkansas, spoliation generally refers to the intentional destruction of evidence, and when it is found, the fact-finder may infer that the missing evidence would have been unfavorable to the party responsible for destroying it.
Because the six-month clock runs so fast, the safest move is to act within days or weeks of the crash, not months.
Can you get ELD data without a lawyer?
In theory, you can ask for ELD data on your own, but in practice, it is very hard to get without legal help.
An individual who has not filed a lawsuit has no power to issue a subpoena, which is the main tool that forces a company to hand over its records.
You can send a preservation letter yourself, but a trucking company is not always quick to cooperate, and an unrepresented person has limited ability to enforce the demand or ask a court for penalties if the data is destroyed.
Meanwhile, the company and its insurer already know the six-month rule, and time is on their side, not yours.
This is one of the main reasons truck accident claims are harder to handle alone than a typical car accident claim.
A law firm can send preservation letters the same week, file suit when needed to unlock subpoena power, and bring in people who know how to read the raw data.
A legal team can also use technology to analyze ELD files and engine data quickly, turning a confusing export into a clear, hour-by-hour timeline of what the driver was doing.
Acting fast and knowing exactly what to request can be the difference between having proof and having only your word.
What tactics do insurance companies use against ELD evidence?
Trucking insurers deal with these claims every day, and several of the ways insurers try to reduce your claim target the ELD timeline directly.
One common tactic is to delay and run out the clock, dragging their feet on requests until the six-month retention window closes and the data is gone.
Another tactic is to push a fast, low settlement in the first days after a crash, before the injured person ever learns that ELD records exist or how badly they are hurt.
A third tactic is to admit the logs show long hours but dispute causation, arguing that fatigue had nothing to do with the crash and that something else was to blame.
Insurers may also use Arkansas’s comparative fault rule against you, pointing to a minor mistake on your part to drive your fault percentage toward the 50% line, where your recovery disappears.
Recognizing these moves early is the first step toward protecting both your evidence and your claim.
What should you do to protect ELD evidence after an Arkansas truck crash?
The actions you take in the first days after a crash can decide whether the ELD data survives.
Because the federal retention window is only six months, a few discrete steps matter most:
- Get a copy of the crash report, which usually lists the trucking company name and its USDOT number.
- Avoid giving a recorded statement to the trucking company’s insurer before you understand your rights.
- Write down the truck’s company name, license plate, and any markings while the details are fresh.
- Contact a truck accident attorney quickly so preservation letters can go out before the data can be erased.
Each of these steps supports the same goal, which is locking down the evidence before anyone can let it expire. The sooner the right requests go out, the stronger your position will be.
Talk to an Arkansas Truck Accident Lawyer Before the Evidence Disappears
The six-month clock on ELD data starts the moment a truck crash happens.
Shamieh Law helps injured people across Arkansas move fast to preserve electronic logging device records, engine data, and other proof before a trucking company can let it expire.
Our team has recovered more than $300 million for injured clients, and we bring that same drive to every Arkansas truck accident claim.
Call us today at 501-361-1334 for a free consultation, or learn more about how our Little Rock truck accident lawyers can help.
Frequently Asked Questions About ELDs and Arkansas Truck Accident Claims
Is ELD data automatically saved after a truck crash?
Not in a way you can rely on. Federal rules require a trucking company to keep ELD records for only six months, plus a backup copy on a separate device. After that period, the company can legally overwrite the data unless someone has formally demanded that it be preserved. Because Arkansas generally gives injured people up to three years to file suit, the evidence can disappear long before the filing deadline, which is why fast action matters.
What is the difference between an ELD and a truck’s black box?
They record different things and serve different purposes. An ELD logs the driver’s hours, duty status, miles, and location, which helps show whether the driver was fatigued or over his legal limits. The engine control module, often called a black box, can record data like speed, braking, and throttle around a crash, though the exact data depends on the truck and the system. The two sources often complement each other, since one shows the driver’s condition and the other shows the truck’s behavior.
Can ELD data prove a truck driver was at fault?
It can be powerful evidence, though it rarely proves fault on its own. An ELD can show that a driver exceeded the federal limit of eleven hours of driving or violated the fourteen-hour window, which supports a fatigue or hours-of-service argument. Whether that violation actually caused a specific crash still depends on the full facts, including the engine data, the crash report, and witness accounts. Combined with those sources, ELD records can strongly support a claim.
How quickly do I need to act to preserve ELD data in Arkansas?
As soon as possible, ideally within days or weeks. The six-month federal retention window is short, and a trucking company is not required to keep the records longer unless it receives a formal preservation demand. A preservation letter sent early can stop the company from erasing the data while your claim is investigated. The longer you wait, the greater the risk that key evidence is gone for good.
Do I need a lawyer to get ELD records from a trucking company?
In most cases, yes. An individual cannot issue a subpoena before filing a lawsuit, which limits your ability to force a company to turn over its records. While you can send a preservation letter on your own, enforcing it and asking a court for penalties if the data is destroyed is difficult without legal representation. A law firm can send those demands immediately, file suit when needed to unlock subpoena power, and bring in people who can read and analyze the data.