Truck Injury Lawyer Blog : Truck Accident Lawyer & Attorney: Morgan Adams : Contingency Fee Truck Accident Lawyer

A new rule has eliminated one of the great dangers on the roadway, the use of cell phones by truck drivers. Now I am not stating that car drivers should be allowed to use cell phones, nor am I saying that hands free phones are significantly safer. I am saying that this is a step in the right direction.  Further, since trucks are so much bigger than cars, the use of cell phones by truckers typically leads to greater tragedy than when a wreck simply involves two cars. A wreck between two cars is simply more survivable for the parties involved.

Distracted driving is something I have blogged about extensively and it is nice to see a step in the right direction. The announcement stated: 

U.S. Transportation Secretary Ray LaHood today announced a final rule specifically prohibiting interstate truck and bus drivers from using hand-held cell phones while operating their vehicles. The joint rule from the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) is the latest action by the U.S. Department of Transportation to end distracted driving.

You can find out more, HERE

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This is a good idea. The summary of the Rule, proposed in the Federal Register (here) on December 21st,  states:

The Federal Motor Carrier Safety Administration (FMCSA) proposes to restrict the use of hand-held mobile telephones, including hand-held cell phones, by drivers of commercial motor vehicles (CMVs) while operating in interstate commerce. The Agency proposes new driver disqualification sanctions for interstate drivers of CMVs who fail to comply with this Federal restriction and new driver disqualification sanctions for commercial driver's license (CDL) holders who have multiple convictions for violating a State or local law or ordinance on motor vehicle traffic control that restricts the use of hand-held mobile telephones. Additionally, interstate motor carriers would be prohibited from requiring or allowing drivers of CMVs to engage in the use of a hand-held mobile telephone while operating in interstate commerce. This rulemaking would improve safety on the Nation's highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of CMVs.Show citation box

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If you or a family member were involved in a wreck with a tractor trailer chances are the professional truck driver was distracted in some manner. Proving that the driver was distracted, and how he was distracted, will likely require a lawyer. The trucking insurance companies hope you sit on your hands as the more time that passes the harder it will be for your lawyer to prove how the driver was distracted, and the more likely the defense lawyer will be able to claim that some portion of the wreck was your family member's fault.. 

There is no question that distracted driving is a major contributor to serious truck accidents. Congress is aware of this as is the FMCSA. Recently the FMCSA banned texting by drivers, a danger we had blogged about since early 2008. Proving texting may be difficult as truckers may use a co-drivers phones.The driver may also have a throwaway phone so they are not calling on their "official" phone. Early aggressive work by an experienced trucking lawyer will give you the best chance of proving your case.

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