Driving a truck across the country or even the state takes dedication and concentration to be on the road for multiple hours. If drivers do not fulfill this responsibility, they put other motorists at risk of a severe accident. Distracted driving by truck drivers in New York can have devastating consequences. New York imposes specific laws that are in place to prevent the prevalence of distracted driving.
Common Ways of Distracted Driving by Truck Drivers in New York
Distracted driving by truck drivers places other drivers at serious risk of a severe truck accident. Some ways distractions can occur include:
- Visually: This includes looking at the phone, GPS, billboards, roadside accidents, or manuals while driving.
- Actions: Texting, talking on the phone, eating food, reaching for items, or adjusting the temperature are all physical actions that can grab the attention of a driver.
- Attention: Daydreaming, mental fatigue, conversations with passengers, and work stress may take the driver away and instantly cause an accident.
Texting Prohibited While Driving for Commercial Truck Drivers
The Federal Motor Carrier Safety Administration is in charge of regulating commercial motor vehicles and keeping the public safe. Texting is prohibited for commercial truck drivers under 49 CFR § 392.80:
(a) Prohibition. No driver shall engage in texting while driving. (b) Motor carriers. No motor carrier shall allow or require its drivers to engage in texting while driving. (c) Definition. For the purpose of this section only, driving means operating a commercial motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle with or without the motor running when the driver moved the vehicle to the side of, or off, a highway, as defined in 49 CFR 390.5, and halted in a location where the vehicle can safely remain stationary. (d) Emergency exception. Texting while driving is permissible by drivers of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.
Under this law, no driver is allowed to engage in texting while driving a commercial truck. This also requires the carriers of commercial trucks to make sure their truck drivers are not engaging in texting while driving. A failure to do so that leads to an accident may allow the victim of a crash to go after the truck carrier. Victims of truck accidents due to drivers who were texting may be able to recover damages for their injuries.
How to Prove Distracted Driving by Truck Drivers in New York
To win a claim, a victim must procure sufficient evidence establishing that the truck driver was distracted. Important evidence to prove distracted driving by truck drivers in New York include:
- Cell Phone Records: Cell phones are critical as their call logs, text messages, and app usage around the time of the accident can reveal whether the truck driver was using a phone while driving.
- Expert Testimony: Experts can help provide important scientific facts and statistics that could help to support your claim.
- Police Reports: An official report by police who were at the scene of the accident and were able to investigate the premises can be important in chronicling the events that occurred.
- Dashcam Footage: Any internal footage the truck driver might have that shows whether the driver was preoccupied with things other than keeping eyes on the road.
Distracted driving behaviors are often normalized. However, they are dangerous behaviors that can lead to catastrophic injuries when they involve the operator of large commercial vehicles. IF you were hurt as a result of a careless or distracted truck driver, Towey Law, PLLC is here to fight for your rights. Call us today for your free consultation at (716) 300-8232, and let us help you on the path to recovery.