Truck Driver Cellphone Ban Law Is Long Overdue
The Federal Motor Carrier Safety Administration has reviewed the data and heard the arguments on both sides of the fence. On one hand, truckers claim that they live in their cabs and they must be permitted to use a cellphone to stay in contact with friends, family, and their employer during those 10+ hours of driving each day. Safety experts, on the other hand, claim that truck drivers who use a cellphone present a clear and present danger to everyone else on the road. Judging by the numbers, there is truth to their position. Just in the past couple of years in Missouri, Illinois, and Arkansas, there have been reports of several fatal semi-truck accidents where law enforcement determined that a truck driver was using a cellphone just moments before the collision. In Missouri alone, there were 21 fatal and 558 serious car accidents where cell phone use was a contributing factor to the crash.
So as early 2012, Federal Safety Regulations will ban cellphone use by truck drivers while they are on-duty, behind the wheel of a tractor-trailer. And while there is no specific enforcement plan, the government has recommended that local police pull over semi-trucks and passenger buses where a driver is witnessed using his/her cellphone. The Missouri Highway Patrol commented on the measure and indicated that it would pull commercial motor vehicle operators over if they are using a cellphone. The fine for a truck driver or bus driver convicted of using a cellphone while driving include up to a $2,750 penalty for the driver and $11,000 penalty for the employer.
The American Trucking Association actually supports the new trucking safety law. However, a coalition representing independent operators does not. All in all, this new regulation should be welcomed by anyone concerned with the safety of truck drivers, other motorists, and delivery of undamaged freight. Many states have already introduced, or are considering, laws that ban cellphone for motorists. Some states have made it illegal to use the text messaging feature on a cellphone. Others have ban hand-held cellular devices all together unless the driver is using bluetooth, a headset, or some other form of wireless connectivity that permits the driver to keep both hands on the wheel and eyes on the road.
As a truck accident injury lawyer, one of the first things we do in complex semi-truck injury litigation is subpoena the cellphone carrier records of our client and the driver of the tractor-trailer to determine if cell phone use could have played a contributing factor in the collision. Juries get upset with distracted drivers, largely because the resulting accident could have been preventable. As an experienced truck accident attorney, it is not uncommon for us to claim punitive damages in a case involving distracted truck driving. These collisions cause bad injuries and our attorneys represent each of these victims with special care. It is important for all drivers, both truck and passenger care, to realize the danger posed by cell phone distraction.
So as early 2012, Federal Safety Regulations will ban cellphone use by truck drivers while they are on-duty, behind the wheel of a tractor-trailer. And while there is no specific enforcement plan, the government has recommended that local police pull over semi-trucks and passenger buses where a driver is witnessed using his/her cellphone. The Missouri Highway Patrol commented on the measure and indicated that it would pull commercial motor vehicle operators over if they are using a cellphone. The fine for a truck driver or bus driver convicted of using a cellphone while driving include up to a $2,750 penalty for the driver and $11,000 penalty for the employer.
The American Trucking Association actually supports the new trucking safety law. However, a coalition representing independent operators does not. All in all, this new regulation should be welcomed by anyone concerned with the safety of truck drivers, other motorists, and delivery of undamaged freight. Many states have already introduced, or are considering, laws that ban cellphone for motorists. Some states have made it illegal to use the text messaging feature on a cellphone. Others have ban hand-held cellular devices all together unless the driver is using bluetooth, a headset, or some other form of wireless connectivity that permits the driver to keep both hands on the wheel and eyes on the road.
As a truck accident injury lawyer, one of the first things we do in complex semi-truck injury litigation is subpoena the cellphone carrier records of our client and the driver of the tractor-trailer to determine if cell phone use could have played a contributing factor in the collision. Juries get upset with distracted drivers, largely because the resulting accident could have been preventable. As an experienced truck accident attorney, it is not uncommon for us to claim punitive damages in a case involving distracted truck driving. These collisions cause bad injuries and our attorneys represent each of these victims with special care. It is important for all drivers, both truck and passenger care, to realize the danger posed by cell phone distraction.
