5 Things You Didn’t Know About Semi Drivers & Cell Phone Use on the Road

David W. Craig | March 8, 2024 | After the Crash

cell phone over background of truck driving on road

Operating a commercial truck demands the utmost attention and focus. Any distraction, no matter how minor, can spell disaster. When truck drivers divert their attention to cell phones, whether to make calls, send texts, or check emails, their focus shifts away from the road ahead. As an experienced truck wreck attorney, I have witnessed the devastation that a truck driver on their cell phone can cause. Each day, 9 people are killed due to distracted drivers. It is important to raise awareness of the dangers of semi drivers who use cell phones while driving. In fact, most people might assume that semi drivers are banned from using any type of cell phone while driving. Unfortunately, that assumption isn’t quite true…

1. What are the Cell Phone Rules for Truck Drivers in 2024?

The Federal Motor Carrier Safety Administration, which governs interstate commercial motor vehicles prohibits semi drivers from texting and driving. The law bans semi drivers from any action on their cell phone that requires more than one button push. Drivers are permitted to use cell phones that can be activated with one button push that are in close proximity to the driver (ie. Mounted cell phone) or completely hands-free devices such as earpieces. Semis are permitted to talk on cell phones while driving as long as they are using a hands-free device.

Drivers who violate this provision face a $2,750 fine for each offense. After 2 offenses, they may face a suspension of their CDL. Employers who require or permit drivers to use a handheld cell phone while driving can be fined up to $11,000 per violation. Several states have passed laws with higher punishments for drivers who cause a crash while using a cell phone. For example, in Washington, texting while driving can be considered vehicular homicide and can lead to up to 10 years in prison.

The Dangers of Distracted Semi Drivers

Semi drivers who use their cell phone while driving pose dangers not just to themselves, but to every road user. This distraction compromises their ability to react to sudden changes in traffic conditions, hazards, or emergencies, putting themselves and others at grave risk. Engaging in phone conversations, texting, or other activities on a cell phone can impair a driver’s cognitive abilities, making it harder to concentrate on the task of driving and increasing the likelihood of errors or lapses in judgment. Thirdly, taking one’s eyes off the road to glance at a cell phone screen can result in visual distractions, causing drivers to miss important visual cues or obstacles in their surroundings.

Operating a commercial semi-truck is a demanding task that requires the full attention and focus of the driver. The CDL Manual cautions against using a cell phone while driving, even hands-free. Any distraction, no matter how brief, can have devastating consequences. From 2012 to 2021, there was a 29% increase in the number of truck drivers involved in fatal crashes. The current regulations don’t go far enough in preventing trucker cell phone use. Truck drivers are 23.2 times more likely to get into a wreck while using a cell phone, whether they were using a hands-free or handheld device. By implementing a total cell phone ban for truck drivers while driving, we send a clear message that the safety of drivers, passengers, and all road users is non-negotiable.

2. Are Hands-Free Devices Really Safer?

Most people know that texting and driving is dangerous. However, 80% of people are under the incorrect assumption that hands free cell phone use is safer than handheld cell phones. Research has shown that even hands-free conversations can distract drivers causing drivers to miss seeing up to 50% of their environment, impairing their cognitive abilities and reaction times. Even though hands-free devices allow drivers to keep their hands on the wheel and eyes on the road, the mental workload of processing a conversation can still overload the brain’s cognitive resources, leading to decreased situational awareness and delayed reaction times. In fact, voice to text has been shown to be more distracting to drivers than texting by hand.

In commercial trucking, any form of distraction must be minimized. At highway speeds, it takes double the amount of time for semi drivers to stop as it takes regulars cars to stop. The cognitive distraction of engaging in a conversation, whether hands-free or handheld, can significantly impair a driver’s ability to focus on the road and respond to potential hazards. Large vehicles require heightened attention, and any form of distraction can have serious consequences. As an experienced semi accident attorney, I recognize that hands-free cell phones pose a significant risk to road safety. I believe there should be rules or laws that prohibit professional truck drivers from using even hands-free phones as long as the truck is moving.

3. Can Trucking Companies be Held Liable for Wrecks Caused by a Driver on their Cell Phone?

Setting cell phone policies that follow only the minimum requirements set by the FMSCA do not help. Employers can and should be held liable for not setting a cell phone ban at work. They also must enforce the ban. A policy without enforcement does nothing to change driver behavior and can leave employers liable for allowing unsafe drivers on the road. Employers must set comprehensive cell phone policies. Employers must educate employees on the importance of a cell phone ban, along with monitoring compliance and enforcing the policy.

After a crash involving a company’s semi, the company’s cell phone policy will be investigated along with the enforcement of said policy. The only way to protect employers in the event of an accident is to develop and enforce a total ban on cell phone use while operating the vehicle. Although the FMCSA allows hands free cell phone use, that does not mean that trucking companies should allow hands free use. Any distraction, like talking through an earpiece, can cause a fatal wreck. Additionally, trucking companies have been found liable for collisions when a driver caused a wreck while using hands-free communication when the carrier permitted using hands-free devices in their driver manual.

Carriers must emphasize safety over profits. Several studies report a correlation between driver fatigue and driver cell phone use. Drivers who are fatigued might try to use their phone to stay awake. Instead, companies shouldn’t overwork their drivers. Studies have shown that drivers who worked for a company that regularly held road safety training for drivers had a decrease in the probability of driver cell phone use. Companies who care about their drivers by decreasing driver fatigue and by educating drivers on road safety tend to have drivers with safer cell phone behavior on the road. Drivers do not wake up and decide one day that they want to participate in unsafe driving – instead, they are encouraged to drive unsafely by their carriers who promote profits over safety. For this reason, trucking companies can be held liable for drivers who cause wrecks while driving and using a cell phone.

4. Can an Attorney Subpoena Semi Driver Cell Phone Records After a Wreck?

Yes, as a lawyer who handles car accidents with semis and other big trucks, I will subpoena all phone records related to the crash. With today’s technology, truck accident attorneys can hire cell phone experts who are able to download all records from the cell phone. In truck accident cases, cell phone downloads play a crucial role in uncovering evidence related to the behavior of the semi-truck driver leading up to the collision. These downloads involve extracting data from the driver’s cell phone including information like

call logs
text messages
GPS history
app usage

By analyzing this data, attorneys can determine whether the driver was engaged in distracted behavior, such as talking or texting on the phone, browsing the internet, or using apps, at the time of the accident. Cell phone downloads provide valuable insights into the driver’s actions and mindset, helping to establish liability and hold negligent parties accountable for their actions. Additionally, this evidence can be instrumental in negotiations with insurance companies or presenting a compelling case in court.

I have handled many commercial motor vehicle cases where a contributing factor to the wreck involved the truck drivers using their phones. I hired experts to download these phones. I have found through an investigation that a semi driver was using his cell phone for navigation when he rear-ended and killed my client. I had a case where a semi driver was sending photographs of naked women. He was texting a friend about the photographs when he rear ended my clients, severely injuring them. I had a case when a driver was using a hands-free phone during a snowstorm. He was on the phone for hours. During his conversation with his girlfriend, he slid through a red light, hitting our client and causing a brain injury. There are numerous other cases that I have handled in the past thirty-five plus years that have involved cell phone usage that led to horrific crashes, resulting in a catastrophic injury or death.

While cell phone records can be very useful in truck wreck cases, it is essential to act swiftly to preserve and obtain cell phone data following a truck accident to ensure that critical evidence is not lost or overwritten.

5. What are Driver Monitoring Systems?

Driver monitoring systems (DMS) are sophisticated technological solutions that use AI to track and analyze a driver’s behavior behind the wheel. These systems utilize a combination of sensors, cameras, and advanced algorithms to monitor various aspects of the driver’s performance.

Unfortunately, DMS are controversial in the trucking world. Driver monitoring systems prioritize safety and ensure that drivers are not looking at their phones while they should be looking at the road. Carriers who prioritize safety for their drivers on the road are installing driver facing cameras in each of their vehicles.

How Do DMS Work?

DMS can track the driver’s eye movements and monitor blink patterns to assess their level of attentiveness and alertness while driving. By tracking the driver’s head position and movements, driver monitoring systems can detect if a driver’s head is looking at a phone, alerting the driver and fleet managers to potential risks. DMS can analyze the driver’s steering wheel input to detect erratic or abrupt movements that may indicate loss of control or driver impairment. Through sophisticated algorithms, DMS can analyze the driver’s behavior over time, identifying patterns of risky driving practices such as aggressive acceleration, harsh braking, or tailgating.

DMS allows for driver correction in real time. Managers are sent notifications when a driver is practicing unsafe driving habits, allowing for early intervention to prevent accidents. DMS provides objective data on driver behavior, promoting accountability among truck drivers and encouraging adherence to safe driving practices. Knowing that their actions are being monitored, drivers are more likely to maintain focus and vigilance while behind the wheel. The data collected by DMS can be used to identify areas where drivers may need additional training or coaching. By analyzing patterns of risky behavior, fleet managers can tailor training programs to address specific areas of concern and promote safer driving habits among their drivers.

By proactively identifying and addressing potential risks, DMS helps prevent accidents before they occur. A recent study found that DMS could prevent an annual 63,243 truck involved crashes, 2,753 injuries, and 293 deaths. In the event of an imminent collision, DMS can provide alerts to drivers, giving them valuable seconds to react and avoid a crash or mitigate its severity.

Driver Monitoring Systems Protect Safe Drivers

DMS provides a continuous recording of the driver’s actions and behaviors leading up to the collision, offering an unbiased account of their conduct behind the wheel. By analyzing the footage captured by these cameras, attorneys can assess whether the driver was following safe driving practices, adhering to traffic laws, and maintaining proper focus and attention on the road. In cases where allegations of negligence or distracted driving are raised, DMS footage can provide concrete evidence to refute these claims and establish the driver’s innocence. Moreover, by demonstrating that the driver was acting responsibly and attentively prior to the crash, this evidence can help shift liability away from the driver and onto other parties or factors contributing to the accident. For example, an American Trucking Association survey found that drivers with DMS in their semis who had been sued after a crash had more favorable opinions of driver facing cameras than those who had not been sued. Safe drivers shouldn’t be worried as they have nothing to hide. Ultimately, driver-facing cameras serve as a powerful tool for uncovering the truth and ensuring that justice is served in truck accident cases.

In conclusion, I hope that this article taught you something new about truck driver cell phone use. As an experienced truck accident attorney, I am for a complete ban of cell phones use while driving for semis. There should not be an exception for hands-free cell phone use. Also, trucking companies must be held responsible for not creating a culture of safety at work. Trucking companies are responsible for making sure that their drivers are not using cell phones while driving. Driver Monitoring Systems should be installed in every semi. DMS alert drivers and their managers to unsafe behavior before a distracted driver causes a collision.

Were You Injured by A Semi Driver on their Cell Phone?

If you or a loved one were injured by a distracted semi driver on their phone, talk to an experienced truck wreck attorney as soon as possible. The dedicated legal team at Craig, Kelley & Faultless LLC has the experience and skills to secure the evidence and identify all the potentially responsible parties after a truck accident. By employing cell phone experts, accident reconstructionists, investigators, engineers, and mechanics they will find out what happened, why it happened, and collect the evidence necessary to hold the wrongdoers accountable.

Five Things You Didn’t Know About Semi Drivers & Cell Phone Use on the Road