Distracted on the Drive: How to Prove a Semi-Truck Driver’s Negligence

Key Points:

• Distracted Driving: Activities such as texting, eating or even adjusting device controls are the most  common contributors to truck accidents
• Both truck drivers and their employers are required to comply with State and Federal regulations around distracted driving in order to ensure road safety
• Phone records, witness statements, dashcam footage and the testimony of accident reconstruction experts play pivotal part in proving distracted driving as a cause of truck accidents
• It is always advisable for the victim of a truck accident to consult with an experienced personal injury lawyer in order to effectively pursue full and fair compensation in what can be a very complex legal proceeding.

Table of Contents

Truck Drivers Lives are Full of Distractions

We can all identify the frustrations associated with distractions. The daily life of a truck driver, however, can be like one long distraction.

Most of us only spend a few minutes behind the wheel of a vehicle every day. Truck drivers spend hour after hour in the drivers’ seat. This can impede their focus and wear down their level of alertness which can be a deadly situation when you consider the weight and size of the vehicle they control. Even a slight distraction can lead to a fatal crash. It is critical that the driver of a commercial vehicle must remain extremely vigilant and not fall prey to distractions such as cell phones, video games, or even boredom.

Truck Drivers On Duty are at a Higher Risk of Becoming Distracted

When  you only spend a few minutes behind the wheel, it’s not difficult to ignore distractions. Text messages and video games may be easier to resist when  you’re only traveling to the grocery store and back again. Truck drivers, on the other hand, are on the road for 8 to 11 hours, making such distractions more difficult to avoid. This can make accidents more likely.

Boredom a Primary Challenge for Truck Drivers  

Another significant challenge for commercial drivers is boredom. It can lead to many distracted driving behaviors. Spending extended hours on routes that are often repetitive can result in a driver who seeks to entertain him/herself with activities like checking phone messages, adjusting the radio, or otherwise losing necessary focus on the road. These activities significantly increase accidents.

When drivers fail to manage the many distractions facing them, poor driving decisions often follow. Boredom can contribute to drowsiness and even falling asleep behind the wheel. Naturally, finding out whether or not the driver was feeling bored at the time of the accident is important.

Do Maps Distract Truck Drivers?

While reading a map can be an integral part of a truck driver’s job, such activity can pose an extremely significant distraction. These days navigation systems are often built in to the truck’s operational systems, many drivers still opt to use cell-phone maps which requires looking away from the road and causing accidents.

Anything that diverts the driver’s attention from the road increases the likelihood of a truck accident.

In the aftermath of an accident, it’s not unusual for a driver to mention that he or she was lost or searching for an address. This may be a clear indication that the driver was looking at a map and not the road. Searching for such comments in the accident report or in the defendant’s statements is a skill experienced truck accident lawyers use frequently.

Are Phones the Biggest Distractor for Semi Truck Drivers?

Phones are a big distraction for semi-truck drivers, but whether they’re the main one is up for debate. Research shows using phones while driving increases crash risk. A study by the National Highway Traffic Safety Administration found that drivers texting or browsing on their phones are three times more likely to crash. This is especially worrying for truck drivers because their big vehicles can cause serious accidents.

However, other things also distract truck drivers. Long hours on the road, tiredness, and boredom can all make drivers lose focus. Eating, changing the radio, or just daydreaming can also take attention away from driving. So, while phones are a big concern, we need to think about all distractions to keep truck drivers and others safe on the road.

Are Truck Drivers Distracted By Eating?

Truck drivers can certainly get distracted while eating behind the wheel, especially since stopping for a meal can extend the journey, affecting drivers paid by mileage, which essentially incentivizes them to eat and drive. Despite receiving less attention than texting while driving, eating while driving is still a significant distraction. However, this distraction can often be identified through post-accident investigations, sometimes conducted by law enforcement, by examining the truck cabin.

How and Why Truck Accident Lawyers Seek to Prove Distracted Driving in Truck Accident Legal Claims

In Truck Accident Cases, Why Do Lawyers Aim to Prove that a Trucker Was Distracted, Leading to the Accident?

Truck accident lawyers work to identify distracted driving for the following reasons:

• Establishing fault: Proving distraction helps determine who’s responsible.
• Strengthening case: It supports claims of negligence against the trucker and employer.
• Maximizing compensation: Showing distraction may lead to higher compensation for victims. It can be a form of reckless driving if the driving behavior was bad enough because of the distraction.
• Preventing future accidents: Raises awareness and improves safety measures.
• Protecting public safety: Highlights need for stricter enforcement and adherence to safety rules.

In Truck Accident Cases, What Evidence Do Lawyers Seek to Prove a Semi-Truck Driver Was Distracted?

When seeking evidence, truck accident lawyers are known to explore some of the following:

• Phone Records: Lawyers check the truck driver’s phone records for calls, texts, or internet use around the accident time.
• Witness Statements: People who saw the truck driver doing distracting things, like texting or eating, give their accounts.
• Dashcam Footage: Video from the truck’s dashboard camera, if available, may show distracting activities.
• Accident Reconstruction: Experts study the crash scene and vehicle damage to understand what caused the distraction.
• Driver Logs: Lawyers look at the driver’s records to see if they followed rules about driving time, which could indicate fatigue or distraction.
• Statements from Responding Officers: Reports from police officers who were at the accident scene, noting any observations of the truck driver’s behavior.
• Expert Testimony: Specialists explain their findings about the accident and whether distraction played a role.
• Vehicle Data: Analysis of the truck’s computer records to learn about its speed, braking, and other factors before the crash.
• Prior Violations or Incidents: Checking the truck driver’s past history for any previous accidents or rule-breaking, which might suggest a pattern of behavior.
• Driver Statements: Getting the truck driver’s own account of what happened, recorded during interviews or depositions.

What Challenges Do Truck Accident Lawyers Face When Trying to Prove the Driver Was Distracted?

Trucks Sit Up Higher

The elevated position of a semi-truck presents a challenge in discerning driver distraction. Witnesses to the accident may struggle to confirm if the trucker was distracted since it’s impossible to ascertain what they were looking at. Without witnesses attesting to the driver’s distraction, establishing distracted driving as the accident’s cause becomes more difficult.

Trucks are Much Larger, and Harder to Stop

In rear-end accidents involving big rigs caused by distraction, drivers may deflect blame onto braking difficulties rather than acknowledging their slowed reaction times due to distraction. Victims emphasizing they provided ample braking distance could indicate trucker distraction. Conversely, if braking time was limited, their account may be truthful. A skilled truck accident lawyer scrutinizes the accident to assess whether the driver had adequate reaction time. Absent distraction, tailgating charges may apply in such scenarios.

Are there Regulations Established by the FMCSA to Prevent distractions for Truck Drivers?

Yes, the Federal Motor Carrier Safety Administration (FMCSA) has implemented regulations aimed at preventing distractions for truck drivers, including specific restrictions on cell phone use. According to Title 49, Part 392.82 of the Code of Federal Regulations:

Restrictions on Cell Phone Use:

The Federal Motor Carriers Safety Administration (FMCSA,) expressly prohibits the use of hand-held mobile phones by commercial motor vehicle drivers while they are driving. This regulation is outlined in § 392.82 and specifically states that no driver shall use a hand-held mobile telephone while driving a commercial motor vehicle. The statute defines “driving” as operating a commercial motor vehilce while the motor is running. This applies even while the vehicle is temporarily stationary due to traffic or other momentary delays. An exception to this prohibition does allow the use of a hand-held mobile telephone when necessary to communicate with law enforcement or other emergency services during emergency situations, as outlined in subsection (c) of the statute.

The goal of these regulations is to help limit distractions in order to improve safety for truck drivers and the motoring public. Safe driving practices, including compliance with these regulations, helps to reduce the distractions that result in accidents.

What are the Penalties Imposed by FMCSA on Truck Drivers or Trucking Companies Responsible for Accidents Caused by Phone Distraction?

When a truck driver or his company is responsible for an accident caused by distracted driving or phone use, they may see fines, citations, and/or penalties from FMCSA as well as from local or s tate law enforcement officers. Additionally, negative safety ratings may be assigned, which could interfere with the operation of their business operation.

A driver may be disqualified in the event of a severe violation but the company employing the driver is also responsible for making certain that the driver is in compliance. Investigations as a result of such accidents could subject the entire operation to compliance reviews, resulting in potential suspension of the company’s ability to operate their business.

Does a Decline in Safety Rating by the FMCSA Mean Disadvantages to  a Truck Driver?

When safety ratings are decreased  by the FMCSA, particularly due to a distracted driving accident, there are significant disadvantages impacting the truck driver.

Because carriers tend to prioritize hiring drivers with clean safety records, a black mark on that record could make being hired more difficult. There is also the matter of heightened regulatory scrutiny following a safety violation. This can mean more frequent inspections and audits, which serve to disrupt the driver’s schedule and productivity.

Additionally, increased insurance premiums are likely when a driver earns a poor safety rating. This could significantly impair the driver’s financial stability, affecting not only personal finances but also the carrier’s operating costs.

In Georgia, Do Semi-Truck Drivers Have to Comply with the Same Distracted Driving Laws as Regular Drivers?

Yes, in Georgia, distracted driving laws remain consistent for those driving big rigs. While big rig drivers are subject to additional distracted driving regulations established by the FMCSA, there are no state laws specifically tailored to them. They have to follow the same laws all the drivers have to follow.