When you operate a motor vehicle, you need constant focus on the road. But safely operating a semi-truck requires a higher level of attention. In 2021, the U.S. saw more than 5,700 people killed in traffic accidents involving large trucks. When a truck driver’s distraction leads to a life-altering accident, injured victims have the right to pursue a personal injury claim for compensation.
However, it’s critical to have legal counsel when filing a claim against a truck driver or a trucking company. Because these types of claims can be especially challenging, you need the experienced California truck accident lawyers at Case Barnett Law. Here, we discuss California trucking laws and how to prove liability.
How the FMCSA Defines Distracted Driving
The Federal Motor Carrier Safety Administration (FMCSA) defines distracted driving as “the diversion of attention from activities critical for safe driving to a competing activity.” Thus, anything that takes your attention away from the road, whether it’s something inside or outside the truck, is considered distracted driving. These distractions can include the following:
- Drinking or eating
- Talking to a passenger inside the truck
- Changing radio stations or working the GPS
- Looking at or reading a billboard or road sign
- Texting or using a cell phone to make a call
The FMCSA defines texting as: “…manually entering alphanumeric text into, or reading text from, an electronic device.” The rules prohibit truck drivers from pushing more than one button to initiate or terminate a call. Unless a trucker needs to call law enforcement for an emergency, all phone use must be “hands-free.”
Texting While Driving a Truck
Texting when you’re behind the wheel of a vehicle is a choice. Most drivers know that texting is a distraction and can be the reason for an accident; however, many drivers still choose to operate their vehicles while looking at their phones. When truck drivers text while operating their huge vehicles on California highways, they put everyone at risk. These accidents often cause devastating injuries, significant property damage, and even loss of life.
CA Laws: Texting and Driving a Truck
The FMCSA prohibits commercial drivers from texting or using handheld mobile devices while operating their vehicles. Research shows that texting truck drivers are over 20 times more likely to be involved in crashes or near-crashes compared to drivers who are paying attention to the road.
Commercial drivers who are found guilty of texting while driving face serious penalties, including fines and potential disqualification from driving commercial vehicles. Trucking companies that allow or encourage this behavior can face penalties of up to $11,000. Despite these consequences, the problem persists on California roads.
How to Prove a Trucker Was Texting When the Crash Occurred
If you've been injured in a truck accident and suspect the driver was texting, gathering evidence quickly is crucial to your case. The following type of evidence is critical:
Electronic Logging Devices
Since 2017, most commercial trucks must be equipped with Electronic Logging Devices (ELDs) that record driving time and other operational data. While these devices don't directly monitor phone use, they can help establish timeline inconsistencies that suggest distraction. Our truck accident lawyers can obtain these records through legal discovery processes before they disappear. This electronic information is important in establishing what happened in the moments before a crash.
Phone Records
Cell phone records provide compelling evidence in distracted driving cases. These records can show precisely when the driver was sending or receiving text messages or using data. When these timestamps align with the accident time, it creates solid evidence of negligence.
To obtain these records, you need legal action—usually through subpoenas that your attorney will handle. The trucking company and driver may resist providing this information, knowing how damaging it can be to their defense.
Witness Testimony
Our attorneys will work to find witnesses who observed the truck before the collision. They may have noticed signs of distraction, and their testimony can corroborate what the electronic evidence shows. Additionally, statements from first responders who arrived at the scene might include observations about the driver's behavior or admissions made after the crash.
Our attorneys will work to identify and interview all potential witnesses while their memories are fresh. This testimony often provides context that electronic records can’t always capture.
Accident Reconstruction Specialists
Professional accident reconstructionists can analyze physical evidence from the crash scene to determine whether the driver's actions align with someone who was distracted. Lack of skid marks, failure to take evasive action, or patterns consistent with distracted driving can all support your claim.
Compensation After Being Injured by a Texting Truck Driver
When a texting truck driver causes an accident, multiple parties may share legal responsibility for your injuries, including the following:
- The truck driver
- The trucking company that employes the negligent driver
- The company that loaded the supplies onto the truck
- The truck manufacturer
- The repair shop that services the truck
Potential Damages in a Distracted Truck Driving Case
Distracted driving is a common cause of California truck accidents. However, proving that a trucker was texting while driving and caused the crash isn’t always easy. If you can prove negligence, you may be able to obtain compensation for the following:
- Medical expenses
- Lost wages
- Loss of future earnings
- Pain and suffering