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Truck Driver Distraction Due to Electronic Devices

The risk of motor vehicles crashes increases 23 times when drivers are texting while driving. Nearly 80% of crashes, and 65% of near-crashes, involved some form of driver inattention, such as cell phone use and drowsiness, within three seconds before the event. Texting drivers took their eyes off the road for an average of 4.6 seconds. At 55 mph, this equates to a driver traveling the approximate length of a football field — without looking at the road. For drivers who dial a mobile phone while driving, the odds of being involved in a safety-critical event are six times greater than for those who do not. Those are findings of a study sponsored by National Highway Traffic Safety Administration and Virginia Tech.

Partly as a result of this study, the Federal Motor Carrier Safety Administration issued new regulations to guard against distracted driving.

Commercial motor vehicle drivers are prohibited from texting while driving. Texting means manually entering alphanumeric text into, or reading text from, an electronic device. This includes, but is not limited to, short message service, e-mailing, instant messaging, a command or request to access a Web page, or pressing more than a single button to initiate or terminate a voice communication using a mobile phone or engaging in any other form of electronic text retrieval or entry, for present or future communication.

Commercial motor vehicle drivers are similarly barred from reaching for or holding a mobile phone to conduct a voice communication, as well as dialing by pressing more than a single button. CMV drivers who use a mobile phone while driving can only operate a hands-free phone located in close proximity. In short, the rule prohibits unsafely reaching for a device, holding a mobile phone, or pressing multiple buttons.

The potential for driver distraction continues to grow with technology. The inside of a truck cab offers more electronics and gadgets than ever before. A trucker can monitor how his truck and engine are performing, GPS mapping to stay on the right route, email communications with his dispatcher, cell phone conversations with family, and perhaps a reckless few play a movie or surf the web while driving.

In auto and truck accident litigation, we have become diligent about discovery of cell phone and text messaging records. With heightened sophistication about electronic discovery, this will be an increasingly significant factor in lawsuits.

There are at least three potential uses of cell and text evidence:

  • The defendant’s cell phone and text usage while driving may be considered as “conscious indifference to consequences” sufficient to support an award of punitive damages, similar to drunk driving, and perhaps “bad faith in the transaction” to support a claim for attorney fees and expenses of litigation under Georgia law.
  • The plaintiff’s cell phone usage at the time of the incident may be used as comparative negligence evidence to reduce or eliminate a damages award.
  • If the evidence reveals that a defendant driver was communicating with an employer or to a customer on the employer’s business while driving a personal vehicle, that may provide a missing link to the employer’s insurance coverage.

Client Reviews

My family hired Ken after our parents were killed in a trucking accident in GA in 2013. We worked with Ken for 19 months before our case settled. During this time I thought Ken was outstanding. He was accessible to us at all times and maintained consistent communication. He was patient with us and...

David U., Client

When tragedy struck our family in the form of the wrongful death of our son and caused me physical injuries and changed our lives forever, we dragged our feet about hiring a lawyer. I didn't want to face having to go through the stress. Big mistake. The first thing you do is hire local counsel. I...

Carolyn R.

After my parents were killed in a tractor truck accident on December 2013, he fought hard against the insurance companies to help my brother, sister, and I. He was honest and always available to answer any questions I had. Ken went out of his way to meet with my brother and I while on vacation in...

Joan M., Client

I first met Ken when I watched him try a very difficult case involving catastrophic injuries. He was an incredibly effective advocate and was able to obtain justice for his client. I have since come to know him as one of the state's leading trial lawyers, particularly in trucking cases, which...

John H., Attorney

Ken Shigley is an excellent trial lawyer in the area of commercial trucking. He knows the specialized rules for handling truck wreck cases for the victims and their families when tractor-trailers leave a devastating loss, catastrophic injuries and deaths. He is an advocate who understands the impact...

Myles E., Attorney

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