It’s been nearly 3 years since federal regulations banned commercial vehicle drivers from texting and driving. In January 2010, the U.S. Department of Transportation announced the federal ban. Under the regulations, truck and bus drivers who text while driving commercial vehicles can be fined up to $2750. However, texting truck drivers are still a problem. Last year, a truck driver in Illinois was cited for texting when his semi truck ran off of a road and overturned.
Texting and driving is a serious danger to all those on the road, especially for truck drivers. Federal Motor Carrier Safety Administration research shows that texting drivers are 20 times more likely to get into accidents. At 55 miles per hour, a driver who is texting may travel the full length of a football field with their eyes on their mobile devices, and off the road. Truck drivers who text can cause serious accidents. Related article about truck driving and use of computers in the cab.
Proving a Truck Driver Was Texting and Driving
The problem with texting and driving bans is that they are difficult to enforce, absent an admission by the driver. Police officers may have difficulty enforcing the law. Without an admission from the driver, a police officer would have difficulty proving that a driver was texting as opposed to punching a telephone number.
From a civil liability standpoint, proving that a truck driver was texting is difficult. In a truck accident civil case, the plaintiff must prove negligence, which can include use of a cell phone or texting on a cell phone. Cell phone record logs may show dates and times of texts sent or received.
However, proving that a driver’s texting caused an accident, may require eyewitness testimony. In some cases, it may be necessary to depose call/text recipients – those people that the driver may have called or texted before and after the accident. The driver may have admitted to texting and driving or other negligent behavior, such as being under the influence, etc.
Related Pennsylvania Truck Accident Legal Articles:
- Common Claims Made in a Truck Accident Lawsuit in Pennsylvania
- Punitive Damages in a Pennsylvania Truck Accident Case
Pennsylvania Truck Accident Lawyer
Review of PA truck accident lawyer, Brian Kent, in a truck accident case: “My wife’s auto injury by the hands of a negligent truck driver significantly affected our entire family. A family man himself, Brian understood the challenges we faced…”
For more information, contact our Pennsylvania car and truck accident lawyers. Our attorneys serve car and truck accident victims in the following areas: Allegheny County, PA; Berks County, PA; Bucks County, PA; Chester County, PA; Delaware County, PA; Lehigh County, PA; Montgomery County, PA; Northampton County, PA: Philadelphia County, PA; Atlantic County, NJ; Burlington County, NJ; Camden County, NJ; Cumberland County, NJ; Gloucester County, NJ; Salem County, NJ; New Castle County, DE; Kent County, DE; Atlantic City, NJ; Philadelphia, PA; Pittsburgh, PA; Newark, NJ; Doylestown, PA; Media, PA; West Chester, PA; Norristown, PA; Camden, NJ; Wilmington, DE; Newark, DE; Georgetown, DE; and New Castle, DE. Our lawyers can obtain special admission in other states on a case by case basis.
**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.