Distracted Driving Truck Accidents
When a distracted truck driver is involved in a collision, there’s a lot to unpack. Every case requires its own type of investigation. This guide reviews some of the major factors that determine the outcome of these cases.
In addition to physical injury from a distracted truck driver collision, the emotional aftermath can be long-lasting. Post-traumatic stress disorder, anxiety, and depression are often experienced by victims of these collisions.
Sleep disturbances are also commonly reported. According to a meta-analysis of data from over 6,800 survivors of road accidents published in the journal Medicine, approximately 22 percent of them develop PTSD. Family members who suffer a loss in these collisions experience their own brand of trauma.
Driver distractions occur quickly. However, they also leave a trail. That trail provides a legitimate avenue for an injured victim to pursue their case.
Continue reading to find information about the types of driver distraction, the federal regulations prohibiting it, the methods of proving distraction occurred, and the compensation available to victims.
Types of Driver Distractions
When we think about driver distraction, we sometimes assume it is minor. Consider, though, placing that minor distraction behind the steering wheel of an 80,000-pound tractor-trailer traveling at high speed. Now it has become catastrophic.
As soon as a driver becomes distracted and deviates from standard safety practices, they put every other road user at risk.
Safety professionals categorize distractions into three categories.
Visual Distractions
The driver takes their eyes away from the road.
Manual Distractions
The driver removes their hands from the steering wheel.
Cognitive Distractions
The driver takes their mental focus off driving.
Mobile phone usage creates a combination of visual, manual, and cognitive distractions. Because it combines all three forms of distraction simultaneously, it is considered one of the riskiest forms of driver distraction. That also explains why mounting a phone to a dashboard does not address the issue.
Some common distractions that occur inside a large rig include the following:
Common Inside-Cab Distractions
- Cellular telephones
- Dispatch communications via tablet or messaging system
- Global Positioning Systems (GPS)
- Paperwork placed on the passenger seat
Other Common Distractions
- Food and drink
- Reaching into the sleeper berth
- Rubbernecking at another wreck
According to federal regulatory agencies, thousands of fatalities annually are attributed to distracted driving. Crashes are a significant factor in teen and young adult mortality statistics, and distraction represents a significant portion of that number.
An 18-wheeler can weigh many times more than your automobile. Full concentration is the bare minimum required from the individual operating that vehicle. The law requires nothing less.
Federal Regulations Prohibiting Texting and Handheld Phone Use in Commercial Vehicles
Federal regulation prohibits texting while operating a commercial vehicle (49 C.F.R. § 392.80). The statutory definition of “texting” is quite broad in scope. It includes the following.
- Sending an email or text message
- Reading an email or text message
- Any form of electronic text retrieval
Additionally, federal regulation prohibits handheld cellular telephone use (49 C.F.R. § 392.82), except for emergencies. This includes the following:
- Holding a cellular telephone to engage in a conversation
- Pressing more than one button to dial a number
- Reaching for a cellular telephone in a manner that pulls the driver out of a seated, belted position
Both regulations also prohibit carriers from permitting or directing their drivers to engage in the prohibited activity. Keep that provision in mind. It becomes relevant to employer liability later in this article.
Federal regulations permit hands-free operation. Permitted does not mean it is safe. We explore this topic further in our frequently asked questions section below.
State Bans on Phone Use While Driving
States have enacted additional bans beyond federal regulations. For instance, Texas prohibits all motorists from texting while driving (Tex. Transp. Code § 545.4251). If a commercial truck driver texts while driving in Texas, the driver violates both federal and state law at the same time.
Penalties for Non-Compliance
Non-compliance with these rules carries consequences:
- Civil fines apply to both drivers and carriers for cell phone offenses
- Texting and handheld violations constitute serious traffic offenses under the CDL regulations (49 C.F.R. § 383.51)
- Two serious traffic offense convictions within three years result in the loss of CDL privileges for 60 days
- Three convictions within three years result in the loss of CDL privileges for 120 days
The federal government considers texting while driving by a commercial driver to be a serious offense. A jury should consider it so as well.
Determining Liability in a Distracted Driving Truck Accident Case
Generally speaking, courts find distracted truck drivers liable for the injuries their actions cause. These decisions cite three primary reasons for establishing liability.
- The driver failed to adhere to established safety protocols
- The driver violated duties owed to fellow travelers on the public roads
- The driver engaged in conduct that was clearly dangerous or likely to produce hazardous conditions
Electronic Logging Devices and Telematics
Most big rigs now track their drivers throughout the day. That tracking has become a major asset in distraction cases. Most commercial drivers are required to use electronic logging devices (49 C.F.R. § 395.8 and Part 395, Subpart B). An ELD automatically records the driver’s duty status, driving time, engine hours, and location. Many fleets layer telematics systems on top of the ELD. Those systems capture speed, hard-braking events, lane departures, and camera clips that save automatically when something goes wrong.
The ELD and telematics build a timeline of the truck. The phone records build a timeline of the driver. Your attorney lays one over the other.
Truckers claim they were never texting. Timestamps do not lie.
Evidence Disappears Fast
Data may be deleted. Video can be overwritten. ECM data is often erased when the driver returns to duty. All of these clocks are running at the same time. The trucking company’s team began working on its response the day of the crash.
Free Case EvaluationEvidence Used in a Distracted Truck Driver Case
Electronic evidence is the primary type of evidence used in a distracted truck driver case. Electronic evidence is powerful. It is also ephemeral. There is limited time to build these cases.
To start gathering evidence, attorneys send a spoliation letter to the trucking company. The spoliation letter instructs the company to preserve all relevant evidence. These items include the following.
- The truck itself
- The electronic logging device (ELD) and telematics data
- The driver’s personnel file
- The dispatcher logs
- Any camera footage
If the trucking company destroys evidence after receiving the spoliation letter, courts have the authority to impose sanctions. Judges can also instruct jurors to presume the destroyed evidence would have been detrimental to the trucking company.
After the spoliation letter is sent, the evidence-collection process begins.
Phone Records
Attorneys subpoena the cell phone records from the driver’s phone service provider. The records contain information on all calls, texts, and data sessions. Attorneys then match the timing of the records with the time of the accident. Phone records provide proof of the driver’s activity that does not rely on the driver’s testimony.
Dispatch and Messaging System Logs
Truckers communicate with dispatchers via computerized systems and messaging applications. Log entries show the time and content of every communication sent to and from the driver. When the driver’s response occurs at highway speed, or immediately before the accident, those log entries are particularly damaging.
Cameras
Driver-facing cameras directly address whether the driver was distracted. Forward-facing cameras display what was happening on the road ahead. Many systems automatically capture video clips surrounding periods of hard braking and collisions.
The Black Box (Engine Control Module)
The engine control module records speed, throttle, and braking data from the final seconds of operation. Often, the most damaging ECM data in a distracted driver case is what is missing. No brake application whatsoever. An alert driver’s braking may be delayed. A distracted driver may not brake at all because they did not perceive the hazard until it was too late. (For more information, please visit our Truck Black Box ECM Data page.)
Post-Accident Testing
Under federal regulations, alcohol tests are required within 8 hours of a qualifying accident. Drug testing is required within 32 hours (49 C.F.R. § 382.303). The results reveal whether intoxication contributed to the accident. Impairment-related cases are built very differently from distraction-related cases.
Witness Statements
Motorists often witness the signs of distraction in the moments leading up to an accident. Lane line wandering, a glowing screen visible inside the cab at night, or a driver’s head tilted downward toward their lap. Witness statements corroborate what the electronic records demonstrate.
Employer Liability in a Distraction-Based Tractor-Trailer Accident
The driver used his phone. However, the driver is typically not the only party responsible. And the driver’s insurance coverage is typically not where the litigation ends.
Start with the basic principle. A motor carrier is responsible for its employee’s actions while performing duties within the scope of employment. Attorneys call this respondeat superior.
Numerous distraction-based cases go beyond that. Motor carriers can also be held directly liable for their own actions. Pursuant to federal regulation, all motor carriers are obligated to ensure their employees comply with the safety regulations (49 C.F.R. § 390.11). Motor carriers are also prohibited from permitting or requiring their drivers to text or use handheld phones behind the wheel (49 C.F.R. §§ 392.80 and 392.82). Some motor carriers fail in both areas.
Your attorney will investigate whether practices like these exist:
- Dispatch systems that push messages to drivers on the road and expect immediate responses
- Company policies that prohibit texting while driving but lack any enforcement mechanism
- Systems that flagged phone violations before the accident that the company ignored
- Tight scheduling that forces drivers to eat, drink, and message while operating the vehicle
Your attorney will also research the driver’s history of traffic citations. Federal regulation mandates that motor carriers evaluate each driver’s driving record at least annually (49 C.F.R. § 391.25). Consider a motor carrier that was aware of previous phone violations committed by its driver but failed to remove that individual from driving duties. That carrier may face claims for negligent hiring, retention, or entrustment along with all other potential liability.
Evidence of this kind alters the nature of the case. Rather than a single driver making a poor decision, the focus shifts to the culture the motor carrier created that led to that decision.
The driver’s distraction caused the accident. The company’s culture caused the distraction.
Damages Available in a Distracted Driving Tractor-Trailer Crash Case
A distracted driving tractor-trailer crash is a negligence action. Available compensation differs from other tractor-trailer cases mainly in the potential amount of punitive damages.
Economic Damages
Economic damages relate to the monetary losses resulting from your injury:
- Past and future medical bills
- Wages lost due to the inability to work while recovering
- Loss of earning capacity from permanent limitations on your ability to work
- Damage to property
Non-Economic Damages
Non-economic damages relate to the human losses resulting from your injury:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Physical disfigurement
When severe injuries result, non-economic damages may exceed economic damages. This is often true for individuals suffering traumatic brain and spinal cord injuries.
Exemplary Damages
Texas permits exemplary damages in very specific instances. The plaintiff must prove fraud, malice, or gross negligence by clear and convincing evidence (Tex. Civ. Prac. & Rem. Code § 41.003). Examples of conduct a jury may weigh when considering gross negligence include:
- A driver reading text messages while traveling at 65 miles per hour
- A company sending messages to drivers and expecting immediate responses
- A company imposing aggressive schedules that force drivers to eat, navigate, and communicate while operating a tractor-trailer
Juries may award exemplary damages based on findings of gross negligence.
Wrongful Death Claims
Unfortunately, some distracted driving accidents result in fatalities. Texas law provides the spouse, children, and parents of the deceased the right to pursue a wrongful death claim (Tex. Civ. Prac. & Rem. Code § 71.004). (For more information, please see our Wrongful Death Truck Accidents page.)
How the Defendant May Try to Shift the Blame
The defendant will also try to shift blame onto you. The defendant will claim you were distracted and caused the accident. Your cell phone records are subject to discovery, just like the driver’s, and the defense will examine your activity around the time of the accident. Texas utilizes proportionate responsibility (Tex. Civ. Prac. & Rem. Code § 33.001). Any fault attributed to you reduces your total recovery by that percentage. If your fault exceeds 50 percent, you lose the right to recover damages altogether. Your attorney will know how best to defend against it.
Statute of Limitations for a Distracted Driving Tractor-Trailer Claim
Deadlines vary. The following summarizes the deadlines for personal injury, wrongful death, and government vehicle claims:
- Two years to file personal injury and wrongful death claims in Texas (Tex. Civ. Prac. & Rem. Code § 16.003)
- One year to file claims in some states
- Formal notice within a short period, sometimes only months, for claims against government entities
FAQs Regarding Distracted Driving by a Commercial Truck Driver
Can an attorney show whether the truck driver had his phone out?
Yes. The phone records get subpoenaed and compared to the time of the collision. Dispatch records, camera footage, and black box information support those findings. That is why preserving the electronic records quickly matters more in these cases than in almost any other type.
Does texting by a commercial driver violate the law?
Yes. Texting is banned for commercial drivers, as is using any handheld telephone. Many states prohibit texting for all drivers in addition to federal rules. A texting truck driver generally violates both federal and state law at once.
Is a hands-free call permissible for a commercial driver?
Under the federal regulations, hands-free calling is allowed. Allowed does not equal safe. Conversations while driving slow reaction times, regardless of having both hands on the wheel. Think about a driver deep in a call who never responds to a visible threat. That failure to respond is still negligence. In the end, the reasonableness of the driver’s actions is what matters.
What if the company was sending the driver texts at the time of the crash?
If that is true, your case probably became stronger. Under federal regulation, carriers cannot allow or require commercial drivers to text or use handheld telephones. Dispatch records may indicate the carrier sent messages to a moving vehicle and expected responses. That provides strong support for direct liability against the employer.
Will the defendant say I was the distracted party?
Most likely. You will be required to produce your phone records just like everybody else. If there are no issues in your records, there is less for the defendant to attack. If your records indicate activity near the time of the accident, inform your attorney immediately. The sooner you confront the issue head-on, the better. Comparative fault usually reduces a recovery by your percentage of fault. It rarely eliminates a claim against a commercial driver whose distraction is documented.
How much money am I entitled to for my claim?
This depends on many things. How badly you were hurt. The length of time you will need medical care. The amount of income you have lost. And how reckless the opposing party’s behavior was. No truthful attorney will give you a quote without first evaluating your evidence.
Do I have a limited timeframe to file?
Yes. Two years in Texas (Tex. Civ. Prac. & Rem. Code § 16.003), and other jurisdictions have different limitations periods. When a government entity is involved, the deadline to give the government notice of the claim may be much shorter. Remember that as a practical matter, most phone records and video footage exist for only a short period of time. Typically weeks or months. Not years.
Contact a Distracted Driving Truck Collision Attorney Now
You understand what each rule prohibits. You realize the evidence exists. The phone records, the dispatch logs, the cameras, and the black box are examples. And you know who currently controls virtually all of it.
The trucking company’s team began working on its response the day of the crash. Whether the electronic evidence survives long enough to establish the truth depends on how quickly you act.
A mere five seconds of their driver’s focus was too much for you to request. A free phone call with a qualified commercial truck accident lawyer is not.
America’s Truck Accident Network helps connect individuals harmed by distracted truck drivers with knowledgeable truck accident lawyers throughout the United States. These lawyers know which records to obtain. They know how rapidly to obtain them. Your consultation is free. You pay no fees unless your attorney recovers for you.
Your consultation will cost you nothing. Waiting too long could cost you everything.
Attorney Advertising & Legal Information Notice: This article provides general educational information and does not constitute formal legal advice. America’s Truck Accident Network is a case evaluation network, not a law firm, and submitting an inquiry does not form an attorney-client relationship. Rules, comparative fault allocations, and filing deadlines vary by jurisdiction. Always consult an attorney licensed in your state.
