Texting and Driving Truck Accidents in Westlake Village

Distracted driving is a common cause of motor vehicle accidents. It takes the driver’s attention away from the road, and the driver is unable to react properly to changing conditions. Distracted driving is a broad term, but texting is perhaps the most frequent type of distraction. Texting while driving is a problem for teenagers and busy workers, but it can be a bigger problem for professional commercial truck drivers.

Driving an 18-wheeler requires a higher level of skill to operate safely, and any distraction could have devastating results. If you or a loved one were hurt in a texting and driving truck accident in Westlake Village, talk to Block LLP about your legal options.

Cell Phone Ban for Truckers

Commercial vehicles are significantly larger and heavier than regular passenger cars because they need to be able to haul cargo across long distances. Their size and weight, however, require their drivers to pay extra attention to maintain control over the vehicle. A trucker who uses their cell phone while driving a big rig takes their attention away from operating the vehicle and could cause a crash.

That is why the Federal Motor Carrier Safety Administration (FMCSA) has placed restrictions on commercial drivers’ use of hand-held electronic devices. The rule prohibits drivers from reaching or holding a mobile phone to conduct any kind of communication. The restriction also includes pressing more than a single button.

The FMCSA restriction also specifically prohibits texting while driving, which the agency defines as manually entering alphanumeric text into a device or reading a text from the device. The agency goes further and includes:

• E-mails
• Web pages
• Social media
• Instant messages
• Short message services

The FCMSA does allow for hands-free systems to make voice calls, but the driver must still be properly seated in the driver’s seat.

The penalties for violating the cellphone ban are substantial and could affect a commercial driver’s career. Drivers could be fined up to $2,750 for each offense, and multiple offenses could result in the driver being disqualified from their license. In addition, trucking companies may be fined up to $11,000 if they allow their employees to use their cell phones while driving. Violations also affect both the companies’ and drivers’ Safety Measurement System results, which is a public record of their safety history.

But more importantly, texting while driving a large semi-truck could lead to a collision with another vehicle in Westlake Village. A skilled truck accident lawyer could help build a case against the driver or the company to recover compensation for the injured victim.

How to Prove a Truck Driver Was Texting While Driving

It may seem difficult to prove that a truck driver was distracted by their cell phone, but there are legal avenues to gather the appropriate evidence, and an experienced attorney could help. Texting or using the phone creates a documented record, and it may be possible to request the device’s usage records from the phone company to see if anything coincides with the time and place of the crash.

Visible evidence may also be possible from traffic cameras. A camera may have caught the driver using their phone before the collision. Similarly, eyewitnesses may have seen the driver using their device.

Gathering the evidence can be challenging, but a seasoned Westlake Village attorney could explore all possible ways to prove the truck driver was texting while driving.

Injured in a Crash With a Trucker Who Was Texting? Call Our Westlake Village Attorneys To Take Legal Action

The dedicated lawyers at Block LLP could help you pursue a claim against the truck driver or company after a texting and driving truck accident in Westlake Village. If you or a loved one have been injured in a collision with a tractor-trailer, contact us today for a free consultation.