The Federal Motor Carrier Safety Administration (FMCSA) reports that texting drivers have a 23.2 times greater risk of a crash or near crash as compared to drivers who are focused on the road. Distracted driving truck accidents are dangerous and can cause physical injury, wrongful death, and economic damage.
Horton & Mendez Injury Attorneys explain the dangers of distracted driving truck accidents.
What Is Distracted Driving and Why Is It Dangerous for Truck Drivers?
Distracted driving is driving with attention diverted to something else. It is when a driver doesn’t pay enough attention to operating their vehicle.
Distracted driving is particularly dangerous for truck drivers because of the large size and long stopping distance of a truck.
Trucks are much larger and heavier than passenger vehicles, and when a truck driver is distracted, they may cause significant damage. A distracted driver may:
- Drift into another lane
- Fail to notice traffic in their blind spot
- Take a few extra seconds to notice a hazard on the road
- Fail to notice a problem with their vehicle
- Make erratic maneuvers on the road
- Turn poorly and fail to safely navigate an intersection
- Drive through a traffic control device
- Make braking errors, causing a loss of control
- Steer poorly, causing a jackknife or rolling accident
- Not appropriately account for traffic and weather
Distracted driving can be the underlying cause of driver errors. The truck driver may operate poorly, and they may fail to respond in time to dangers on the road. When seconds count, the result can be physical injury, wrongful death, and property damage.
Common Causes of Distracted Driving in the Trucking Industry
- Talking with other drivers over the radio
- Listening to music, podcasts, radio, and other entertainment
- Being fatigued, working too many hours without a break
- Emotional distraction, wandering thoughts
- Eating and drinking
- Interacting with the GPS
- Talking to supervisors or managers
- Physical ailments that distract from the task of driving
- Watching things on the road that aren’t important to driving, such as billboards or accidents
- Poor training, so drivers don’t know how to properly focus their attention
Impact of Truck Accidents Caused by Distracted Driving
One study found that distracted driving is a factor in 5.2% of fatal accidents involving large trucks.
Another report found that up to 80% of all vehicle crashes involve some form of driver inattention in the three seconds before the crash.
FMCSA and the National Highway Traffic Safety Administration (NHTSA) reported 11,000 truck crashes in a three-year period that cited external distractions (something outside the cab of the truck) as a factor.
Behind these statistics are the lives that are changed when an accident occurs. The impact caused by distracted driving is felt the most by those who are directly harmed. Injured victims suffer physical, mental, and economic harm. In addition, accidents disrupt transportation and hurt the economy.
The Role of Federal Regulations in Preventing Distracted Driving
Federal motor carrier regulations prohibit texting while driving for commercial drivers. The law also prohibits the use of a mobile phone while operating a commercial vehicle.
The prohibition includes multiple ways of manually entering and reading text. It can include sending a text. It also includes entering text into a phone, an Internet search browser, email, or dialing more than a single button to stop or start a call.
The rule is informally called the No Texting Rule.
A violation is punishable by a fine of up to $2,750 for drivers. An employer who allows or requires a driver to use a handheld device may be fined $11,000. In addition, there may be license penalties.
Other regulations
In addition to the texting and driving law, there are other federal regulations that may indirectly curtail distracted driving. These include:
- Medical examinations for drivers to reduce the chance of a medical condition causing a dangerous distraction
- Drug and alcohol testing to reduce the likelihood that a driver is under the influence
- Service hours limitations so that drivers have enough rest
- Vehicle inspections and regulations to reduce load and maintenance problems
- Driver qualifications, including endorsements, restrictions, skills tests, and knowledge requirements
- Transportation of hazardous materials protocols
- Employee safety and health standards, addressing a variety of topics
How To Prove Distracted Driving in a Truck Accident Case
To prove distracted driving in a truck accident case, you may rely on:
- Admissions of the driver or the trucking company
- Driving logs, employer activity logs
- Witnesses, including others in the vehicle and bystanders
- Employee hiring and discipline records
- Warnings and other citations for similar behavior
- Standard employee practices and procedures
- Cell phone records
- Cameras, including traffic and road cameras, surveillance
- Effective cross-examination that questions other explanations
- Accident reconstruction
- Social media posts, emails with time stamps
Evidence may be found through discovery and investigation. For example, witnesses can be identified in a police report. You may conduct a deposition to record testimony. The plaintiff may seek admissions and employer records through the discovery process. Accident reconstruction can be done with the help of qualified experts.
It’s important to begin working quickly to secure evidence. Your attorney can assist you with formal discovery. They can effectively cross-examine witnesses who may not be honest or who may not be forthcoming with information.
Seeking Compensation After a Distracted Driving Truck Accident
A person who is hurt in a distracted driving truck accident may seek compensation. Commercial operators are held to a high standard when it comes to public safety. When a driver causes an accident because of distracted driving, the injured parties may claim monetary compensation.
Often, claims are paid through settlements. However, you may take your case to court.
Contact an Experienced Wilmington Truck Accident Lawyer
Horton & Mendez Injury Attorneys is an experienced Wilmington truck accident lawyer. We represent people who have been hurt because of the dangers of distracted driving truck accidents.
You need an aggressive team of experienced litigators to pursue your compensation. That’s what you can expect when we represent you.
