Electronic On Board Recorders (EOBR’s) have been touted as the best way to eliminate chronic Hours of Service (HOS) violations which lead to fatigue, a major cause of trucking collisions. For example on Aug 9, 2007 the Chattanooga Times reported that in an Atlanta collision which killed 4, the driver state "he had fallen asleep at the wheel." Anything that would eliminate these tragedies should be applauded, but EOBR’s are not a panacea.
In my business I often represent severely injured truckers that have been hung out to dry by their own trucking company. One of my clients recently told me that when he drove a truck with an EOBR, the company gave him the company code which places the EOBR into a "test" mode. While in the test mode the EOBR is offline and doesn’t record his hours. He could therefore drive longer hours, in violation of the HOS regulations.
Without the use of an experienced trucking lawyer critical issues like this are likely to be overlooked. A case involving a tractor trailer is not just a big car wreck case and requires significant expertise to handle properly. Make sure any lawyer you hire has that experience.