April 1st, 2026
Technology, Telematics &a…

Technology has become a core part of modern fleet operations. Electronic Logging Devices (ELDs), dash cameras, GPS tracking, and telematics platforms help carriers meet federal requirements, improve safety, and manage drivers more efficiently.

But in litigation and enforcement actions, that same data can quickly shift from a compliance asset to a liability exposure.

Transportation companies need to understand how regulators, plaintiffs’ attorneys, and courts are increasingly using technology-generated data—and what steps carriers should take now to protect themselves.

When Helpful Data Becomes Harmful Evidence

ELDs and telematics systems generate massive amounts of information: driving time, speed, braking events, location data, vehicle performance, and driver behavior. In audits, this data can demonstrate compliance. In lawsuits, however, it is often used to tell a very different story.

Plaintiffs’ attorneys are increasingly requesting:

  • ELD logs beyond required retention periods
  • Speed and hard-braking data
  • Historical GPS routes
  • Dash camera footage before and after an incident
  • Safety score and driver coaching records

In several recent cases, courts have allowed broad discovery of telematics data when carriers could not clearly explain retention policies, data limits, or why certain information no longer existed. The result can be allegations of negligent supervision, spoliation, or even willful misconduct—fueling higher settlement demands or “nuclear verdict” arguments.

ELD & Telematics Data in Enforcement Actions

Regulators are also relying more heavily on technology data during audits and investigations. FMCSA and state enforcement agencies may request:

  • ELD records tied to specific drivers or time periods

•Supportingdocumentsrelatedtoeditsor corrections

  • Records showing how carriers monitor and address safety events flagged by telematics systems

When carriers collect data but fail to act on it—such as ignoring repeated speeding or hours-of- service violations—that data can be used to argue the company knew of safety issues and failed to intervene.

In short, collecting data creates responsibility. If the data shows a problem, regulators and courts expect carriers to have addressed it.

Data Retention: More Is Not Always Better

One of the most common mistakes carriers make is retaining more data than required without a clear policy.

Federal regulations establish minimum retention periods for certain records, including ELD data. Keeping information indefinitely—or inconsistently deleting it—can expose carriers to unnecessary discovery and spoliation claims.

Best practices include:

  • Maintaining written data retention and deletion policies
  • Retaining only what is legally required unless there is a business justification
  • Applying retention rules consistently across drivers and departments
  • Coordinating retention policies with vendors and third-party platforms

A carrier that can show it follows a neutral, consistently applied retention policy is in a much stronger position during litigation or an audit.

Preparing for Accidents and Discovery Requests

The moment an accident occurs, telematics and ELD data become high-value evidence. How a carrier responds in the first hours and days can significantly affect legal exposure.

Key preparation steps include:

  • Having a clear accident response plan that addresses data preservation
  • Training personnel on when to issue a legal hold

•Knowingexactlywhatdataisstored,whereitlives,andwhocontrolsit

  • Coordinating with legal counsel before producing or analyzing data

It is also critical that internal reviews, coaching notes, and safety analyses are handled carefully. Informal comments or incomplete evaluations can become discoverable and misinterpreted in litigation.

Turning Technology Back Into an Advantage

ELDs and telematics are not inherently dangerous—they become risky when carriers lack policies, training, and legal coordination.

Carriers that use technology effectively:

  • Align safety programs with the data they collect
  • Address issues promptly and document corrective actions
  • Limit data retention to what is required and defensible
  • Involve counsel early after serious incidents

When managed properly, technology supports compliance, strengthens defenses, and demonstrates a proactive safety culture. When unmanaged, it can dramatically increase exposure.

Bottom Line

Technology is here to stay—and regulators and plaintiffs’ attorneys are only getting more sophisticated in how they use it. Transportation companies should regularly review their telematics programs, data retention policies, and accident response procedures to ensure that compliance tools do not become litigation weapons.

If you have questions about ELD requirements, telematics data management, or preparing for audits and accident investigations, the team at Setliff Law can help you evaluate risk and put protective measures in place. For more information, contact Steve Setliff (ssetliff@setlifflaw.com) at (804)377-1261.