Truck drivers often must cover long distances and spend many hours on the road. Over the course of a trip, they can become easily distracted by things both inside and outside of their cab. However, by giving in to any distraction, the driver puts everyone on or near the road at risk. It’s unacceptable.
At Cain Law, we protect the rights of people who suffer injuries or the loss of a loved one in crashes caused by careless and reckless truck drivers, including those who drive while distracted. We know how to hold negligent truck drivers and trucking companies accountable and how to pursue all compensation that our clients are due. Our founding attorney, Monty Cain, is a member of the Association of Plaintiff Interstate Trucking Lawyers of America with more than 25 years of experience handling these cases.
If a truck driver recently hurt you or a loved one in a crash in Oklahoma, we can immediately investigate your case and determine whether distracted driving or some other form of negligence caused the wreck. Get started today. Call or reach us online for a timely and free consultation.
Why Is Distracted Truck Driving So Dangerous?
Distracted driving is particularly dangerous for truck drivers because it prevents them from keeping a watchful eye on the road and reacting to potential hazards. Truck drivers must be vigilant at all times because commercial trucks can weigh 10 to 30 times more than passenger cars. How much more a truck weighs than a passenger car depends on its cargo and whether its trailer is fully loaded. When operating such a large truck, drivers must be especially careful to avoid harming others.
According to distracted truck driver accident statistics from the Virginia Tech Transportation Institute (VTTI), truck drivers who text while driving are 23 times more likely to get into a collision than drivers who do not text. Those who dialed a cell phone were six times more likely to get into a truck crash. The Federal Motor Carrier Safety Administration (FMCSA) reports that about five percent of truck drivers involved in fatal crashes were distracted when the crash happened. (See People Table 29 of the linked report.)
There were over 5,100 fatal truck crashes nationwide in one recent year. (See Crashes Table 2.) If five percent of the truck drivers involved in these fatal crashes were distracted, that means over 250 drivers were distracted when the crash happened, leading to hundreds of lost lives.
According to the Centers for Disease Control and Prevention, there are three types of driver distractions:
- Manual distractions – A manual distraction occurs when a truck driver takes one or both hands off the wheel. Without both hands on the wheel, even a small movement can cause a truck to drift out of its lane and into the path of another car. Cell phones, GPS devices, in-vehicle music systems, and food or drinks can all be manual distractions.
- Visual distractions – Visual distractions take a driver’s eyes off the road and prevent them from seeing what’s happening around them. A split-second of inattention might cause a truck driver to miss a car in their path or at an intersection, making a catastrophic collision much more likely. Entertainment systems, text messages, and GPS screens all fall into the category of visual distractions.
- Cognitive distractions – Cognitive distractions keep truck drivers from concentrating on driving and what’s happening on the road. The increased size of commercial trucks makes them harder to control, and a momentary break in concentration can have horrific consequences. For example, a truck driver might rear-end someone because they were thinking about an upcoming conversation they expected to have with their boss instead of being focused on the road and didn’t notice that the car in front of them had stopped.
Many truck driver distractions belong to two or more of these categories. Texting while driving, for example, is a combination of manual, visual, and cognitive distractions. Truckers must look at a phone’s screen to send or read a text, they need to take at least one hand off the wheel to type, and any moment spent texting is a moment a truck driver isn’t focusing on driving. A distracted truck driver accident lawyer can investigate a collision to look for evidence that a trucker was not fully engaged in driving their vehicle.
Types of Distracted Driving by Truck Drivers
Texting while driving is clearly the most dangerous form of distracted driving. This is because it involves taking one’s eyes off the road, hands off the wheel, and mind off the task of driving. That is why the FMCSA established a rule that bans all interstate truck drivers from texting and driving. (Oklahoma has a similar ban for all drivers.)
Talking on a phone while driving can be dangerous as well. For this reason, the FMCSA also prohibits drivers from using mobile phones if it involves:
- Using at least one hand to hold the phone while driving
- Dialing on the phone by pressing more than one button
- Getting out of a seated position to reach for the phone.
However, phone use is not the only type of distraction that can lead to serious and fatal trucking accidents. Some common distractions that can affect truck drivers in Oklahoma include:
- Phone calls – A truck driver might take their hand off the wheel to make or answer a phone call, which can cause a crash if they can’t control the truck with one hand. While truck drivers can make hands-free calls while driving, they might cause a collision because they’re shifting their focus between the call and the road.
- Texting – Texting while driving is one of the most dangerous things truck drivers can do. They must take at least one hand off the wheel to type a message, they’re looking at their phone screen instead of the road while sending or reading a text, and they might be too focused on their phone to notice potential dangers. Unfortunately, many truck drivers text while driving despite state and federal laws against it.
- GPS devices – Many truck drivers rely on GPS devices to reach their destinations quickly. However, a glance at a GPS screen takes a trucker’s eyes and focus off the road, which can lead to a crash. Truck drivers using GPS devices should set their destination before departing and make adjustments only when their truck is stopped.
- Music – Overly loud music can prevent truck drivers from hearing audio cues of an impending crash, such as the squeal of tires or brakes. Similarly, drivers who spend a long time selecting a song might miss incoming dangers or lose control of their truck because they don’t have both hands on the wheel.
- Snacks – Grabbing a snack or a drink while driving can cause a collision if a truck driver takes their hand off the wheel. Spilled snacks or drinks can also keep a trucker from focusing on driving, making a crash more likely.
Allowing any of those distractions to interfere with the safe operation of an 18-wheeler is negligent driving. If a distracted truck driver causes a crash that harms or kills another, that driver should be held responsible.
If you suspect a truck driver who hit you was distracted, contact a distracted truck driver accident attorney in OKC immediately.
State and Federal Regulations on Distracted Driving
Distracted truck accident regulations have helped reduce the number of these tragic collisions in Oklahoma, but there’s more work to do. At the state level, Oklahoma law prohibits all drivers (including commercial drivers) from texting while driving. Furthermore, commercial drivers are also prohibited from making hand-held phone calls while driving under this same law. (Hands-free calling systems are legal for truck drivers.)
Truck drivers who are caught texting while driving can face fines and points on their licenses, and they might be liable for a crash in a civil claim. A distracted driving ticket might also affect a truck driver’s commercial driver’s license (CDL) when they need to renew it.
Federal laws against distracted driving for truck drivers are similar to those in Oklahoma. The FMCSA says truck drivers are prohibited from texting while driving. The regulation defines texting as manually entering letters or numbers into or reading text from any electronic device. Furthermore, the law specifically mentions that sending an email, attempting to access a webpage, or using more than one button press to start or end a voice call all qualify as “texting.”
Similarly, FMCSA rules prohibit drivers from making cell phone calls if they must hold the phone. Truckers can use hands-free systems to make calls, even though phone calls can still divert a truck driver’s attention from the road.
How Can You Determine Distracted Truck Driving?
Cain Law has extensive experience handling tractor-trailer accident cases in Oklahoma. We know how to conduct a timely and thorough investigation of a trucking accident and determine why it happened. We also work with professionals in fields such as trucking safety and accident reconstruction who can help us identify the cause of a truck crash. We can determine if distracted driving played a role in your truck accident by gathering and studying evidence such as:
- The driver’s cell phone records
- The driver’s social media and Internet activity
- Footage from a dashboard-mounted camera
- Evidence such as a phone, iPad, food, drinks, or cigarettes in the cab
- Event data recorder (“black box”) information
- Brake marks and skid marks at the crash scene (or a lack of marks)
- Witness statements
Our Oklahoma truck accident attorneys can use this evidence to establish your right to compensation and demand a full and fair settlement offer from any party responsible for the distracted driving crash. If the party challenges liability and/or damages, our highly skilled trial lawyers will be ready to fight for you in court.
Who Can Be Held Liable for a Trucking Distracted Driving Crash?
If a trucker engaged in distracted driving, and the driver’s negligence caused a crash that hurt you or caused the loss of your loved one, Cain Law will work hard to hold that driver accountable. If the driver was texting or talking on a cell phone in violation of FMCSA regulations, then it may establish the driver’s negligence as a matter of law, or negligence per se.
However, in many cases, the driver is not the only responsible party. Our goal will be to identify all potentially liable parties in order to maximize the amount of compensation available to cover your medical expenses, lost income, pain and suffering, and other harm that you have endured.
For instance, the truck company may be liable based on the driver’s negligence or based on its own negligence in hiring a dangerous driver or failing to adequately train and supervise the driver. In some cases, a trucking company may openly allow drivers to talk on their phones, use dispatch devices, and engage in other types of distracted driving. The company’s lack of a distracted driving policy, or its failure to enforce an existing policy, may serve as key evidence.
Our Oklahoma Truck Accident Attorneys Can Help You
Our respected Oklahoma truck accident lawyers at Cain Law have more than 25 years of experience handling tractor-trailer accident cases. We can put that experience to work for you today, starting with a free consultation about your case. In pain? Call Cain. You will pay nothing unless we secure compensation for you. To learn more, call or reach out to us online today.