Cell phones and other electronic devices pose serious dangers to an individual's everyday life. These dangers increase when an individual is using a cell phone or other electronic device behind the wheel. Oftentimes, accidents that are caused by distracted commercial drivers may cause severe or sometimes life-threatening injuries to individuals and other drivers on the road. Understanding distracted driving accidents and the ways to prevent injuries is crucial for the future.
Understanding Distracted Driving: The Dangers
Distracted driving usually involves any activity that takes a driver's attention away from safely operating the vehicle. Distractions are commonly described as visual, manual, or cognitive. A visual distraction causes the driver to look away from the roadway. A manual distraction causes the driver to remove one or both hands from the steering wheel. A cognitive distraction takes the driver's mental attention away from driving. Cell phone use can involve all three forms of distraction at the same time.
Rules and Regulations
Federal regulations set specific restrictions on texting and hand-held mobile phone use by certain commercial motor vehicle drivers. Commercial drivers are restricted from holding a mobile phone to conduct voice communications, from reaching for a phone in an unsafe manner, and from dialing by pressing more than a single button. Hands-free use may be allowed when the phone is positioned close enough to use without unsafe reaching and the driver uses features such as voice activation, speakerphone, an earpiece, or one-button operation. When an individual violates these rules and regulations, it may result in penalties.
In addition, these federal regulations may become extremely important in an accident investigation when evidence indicates that a commercial driver was using a phone immediately before a collision.
ELD’s
Electronic logging devices are generally installed in commercial vehicles to electronically record certain information related to a driver's hours of service. ELDs can help motor carriers and drivers document compliance with federal driving-time requirements.
However, an ELD is still an electronic device that may require interaction. Depending on the system, a driver may need to do the following.
- Review information
- Change a duty status
- Confirm entries
- Respond to specific prompts
Commercial vehicles may also contain separate dispatch screens, GPS units, tablets, fleet-management systems, or communication platforms. Even if a device is being used for work, it does not necessarily mean interacting with it while driving is safe under every circumstance. If a driver becomes visually, manually, or cognitively distracted while interacting with an electronic system, they may be held liable for any injuries or damage.
Commercial Vehicles
Liability following a commercial vehicle accident depends on the specific facts and applicable law. In some situations, questions may go beyond the behavior of the individual driver. A trucking company or other motor carrier may become relevant to an investigation if its policies, practices, or instructions contributed to unsafe device use.
Federal safety rules also address motor-carrier conduct involving restricted hand-held mobile phone use. FMCSA's safety rules identify violations involving a carrier allowing or requiring a driver to use a hand-held mobile telephone while operating a commercial motor vehicle. Depending on the circumstances, other parties may also need to be considered. Commercial transportation cases can involve the following individuals.
- Employers
- Contractors
- Vehicle owners
- Maintenance companies
Determining which parties may have legal responsibility requires an examination of the specific facts and evidence.
Preserving Evidence
Evidence involving electronic devices can be important after a commercial vehicle collision. Relevant information may include, but is not limited to, the following.
- Cell phone records and call logs
- Text messages or electronic communications
- ELD information
- Dispatch communications
- GPS and telematics records
- Dashboard or surveillance video
- Vehicle event data
- Driver logs
- Company policies and training records
- Witness statements
- Police reports
Some electronic information may be kept only for a limited period. As a result, preserving potentially relevant evidence can become an important issue following a serious commercial vehicle accident.
Qualified Help
Speaking with a legal professional after being involved in a distracted commercial driving accident involving a cell phone or other electronic device can help you understand your rights throughout your personal injury case. Legal guidance and support are beneficial when an accident occurs to help individuals feel cared for throughout the entire process.
The Legal Team at KAASS LAW
The legal team at KAASS LAW is ready and determined to help victims who have suffered injuries from a distracted commercial driving accident. Our qualified personal injury attorneys may review the facts of your case, speak to insurance companies on your behalf, and help you throughout every step of the legal process. Call KAASS LAW today for a confidential consultation and to learn more about your case moving forward.