The Dangers of Distracted Driving
The vast majority of traffic accidents result from driver error. A primary type of driver negligence is operating a vehicle while inattentive or distracted. Driving is a complex task. Carefully operating a motor vehicle near other people and vehicles demands a driver’s full attention. Common distractions for drivers such as having conversations with passengers in the vehicle, tuning a radio, or attending to personal grooming while in traffic have been superseded in the last couple of decades by the demands of our mobile phones that we are ready to respond to their insistent demands for attention at any and all times. Recognizing the dangers of distraction that these devices pose, nearly all states have passed laws in recent years prohibiting or limiting the use of texting, talking, and other features on our mobile phones. While the first state laws limiting the use of handheld devices by drivers came into effect in 2005, it may come as a surprise that federal regulators took more than five or six years longer to implement the first specific rules against commercial drivers texting.
Why Commercial Drivers Texting is a Particularly Dangerous Activity
The Federal Motor Carrier Safety Administration (FMCSA) — part of the Department of Transportation — is the federal agency tasked with ensuring commercial motor vehicle operations safety. It does this by developing and enforcing safety standards and regulations for commercial vehicles and drivers. Study data published by the FMCSA found that:
- Commercial drivers who are texting are more than 23 times as likely to be involved in a dangerous driving event than drivers who are not texting;
- Texting drivers took their eyes off the roadway for nearly five seconds on average each time they performed a texting activity;
- A truck moving at highway speeds would travel more than 120 yards — with no eyes on the roadway — during a typical texting activity.
Now consider that a loaded tractor-trailer rig may weigh 40 times as much as the typical passenger vehicle and requires roughly twice the stopping distance of a passenger car at 65 mph. It quickly becomes clear just how significant a danger may be posed by a commercial vehicle being operated by a driver who is distracted by texting.
In considering these “texting activities,” the study for the FMCSA defined “texting” as ordinary text messaging, as well as emailing, instant messaging, accessing a website, or initiating or ending a telephone conversation by an action that takes more than pressing a single button.
What Rules Specifically Apply to Commercial Drivers Texting?
The primary adopted rules against commercial drivers texting at 49 CFR (Code of Federal Regulations) Sections 392.80 and 392.82 state in summary:
- Commercial drivers may not text while driving;
- Motor carrier companies may not allow or require their drivers to text while driving;
- “Driving” means operating a commercial vehicle, even while stopped in traffic;
- “Driving” does not include when the driver has safely pulled the vehicle off or to the side of the highway;
- There is an exception for emergencies when the driver may communicate with law enforcement or emergency services.
There are also exceptions for using “hands-free” devices, which can be voice-activated or where calls can be initiated and terminated by the press of a single button while the device is not held in the driver’s hand. The driver may not reach for or hold the phone to make calls — the device must be mounted within safe and easy reach of the seat-belted driver.
Among other types of commercial drivers, these rules apply to interstate truckers, bus drivers, and drivers who carry hazardous materials. Violations of these rules can significantly and negatively affect a driver’s or their employer’s safety records. They can result in fines of up to $2,750 for drivers and $11,000 for their motor carrier employers. A driver who violates the hand-held call rules twice in a three-year period can be disqualified from driving for 60 days, and three violations within three years can result in a 120-day disqualification.
View this video for tips on what to do if you’ve been involved in a truck accident:
Sacramento Truck Accident Lawyers
Hello, I’m Ed Smith and thank you for reading this discussion of the rules relating to commercial drivers texting. I have been a truck accident lawyer in Sacramento for nearly four decades. If you or a family member has been injured due to a truck accident, including one caused by an inattentive truck driver, it is important to seek advice from an injury lawyer with the experience and resources to deal with truck accident cases. To speak with one of our attorneys and receive free, friendly advice, please call us at (916) 921-6400 or (800) 404-5400. Or you can also contact us with our online form.
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