Distracted & Texting Truck Driver Accident Lawyer in Houston
A fully loaded commercial truck can weigh 20 times more than the average passenger car, and it takes far longer to stop or react to a sudden hazard. When the driver behind the wheel is looking at a phone instead of the road, even a few seconds of inattention can turn into a catastrophic crash. Federal regulations specifically prohibit commercial drivers from texting or using handheld phones while operating a truck, yet these violations remain a recurring factor in serious Houston-area truck collisions.
At Herrera PLLC, attorney Jonathan Herrera brings a perspective to these cases that comes directly from his own career. Before practicing law, he spent over a decade as an insurance adjuster handling high-exposure commercial trucking claims, including work through JH Claims LLC, a multi-state independent adjusting firm. He later practiced insurance defense at Rymer, Echols, and Nelson-Archer, giving him firsthand knowledge of how trucking companies and their insurers investigate and evaluate distracted driving crashes.
Federal Rules Banning Distracted Driving for Commercial Drivers
The Federal Motor Carrier Safety Administration (FMCSA) regulates distracted driving for commercial motor vehicle (CMV) drivers under 49 CFR Part 392, Subpart H, which applies nationwide, including to every commercial driver operating on Houston-area highways. Two separate rules restrict mobile phone use, and a violation of either can become important evidence in a truck accident claim.
The Texting Ban
Under 49 CFR § 392.80, commercial drivers are prohibited from texting while driving. The rule defines texting broadly to include manually entering text into a device, reading text messages, and accessing the internet on a handheld device while the vehicle is in motion. Because texting requires drivers to take their eyes off the road for extended periods compared to other distractions, this violation is treated by federal regulators as a particularly serious safety risk.
The Handheld Phone Ban
Under 49 CFR § 392.82, commercial drivers are prohibited from holding a mobile phone to make a call while operating a CMV. This includes reaching for, dialing, or holding the device to their ear. Drivers may use hands-free technology in some circumstances, but physically holding a phone while the truck is moving is a violation that can carry driver disqualification consequences under federal rules.
Common Forms of Distracted Driving Among Truck Drivers
Texting and handheld phone use are the most heavily regulated forms of distraction, but they are not the only ones that contribute to serious truck accidents. Other common distractions include using dispatch or fleet management tablets while driving, adjusting GPS or routing apps, eating or drinking behind the wheel, reviewing paperwork or delivery logs, and general drowsiness or fatigue that compounds inattention. The rules that apply can vary depending on the carrier, cargo, and route involved, which is why each crash requires its own review of the driver’s and company’s specific obligations.
How Cell Phone and Dash Camera Records Are Used as Evidence
Proving that a truck driver was distracted at the time of a crash generally depends on obtaining specific records before they are lost or overwritten. Cell phone records can show whether a driver was actively texting, calling, or using data at the moment of impact. Many commercial trucks are also equipped with dash cameras, event data recorders, and electronic logging devices (ELDs) that can capture the moments before a collision, including whether the driver’s hands were on the wheel or attention was directed elsewhere.
Because much of this evidence can be deleted, overwritten, or lost through routine data cycles, early investigation matters. Preservation letters may need to be sent to the trucking company and its insurer promptly to prevent the loss of cell phone data, dash camera footage, and ELD records connected to the crash.
Trucking Company Liability for Distracted Driving Policies
A trucking company’s liability in a distracted driving crash is not always limited to the driver alone. Depending on the facts, a company may share responsibility if it failed to enforce a distracted driving policy, encouraged drivers to remain constantly reachable by phone for dispatch purposes, or set delivery schedules that pressured drivers to multitask while driving. An attorney can review a carrier’s internal policies, driver training records, and communication logs to determine whether company practices contributed to the crash. Learn more about Jonathan Herrera’s background and experience and our truck accident practice.
Distraction is often not the only factor at play. In some cases, a driver who was texting or on the phone may also have been fatigued or in violation of federal hours-of-service limits.
What Compensation Is Available
Depending on the facts of the case, Texas law may allow injured victims to recover damages for medical expenses, lost income, pain and suffering, physical impairment, property damage, and wrongful death damages in fatal cases. Texas also follows a modified comparative negligence rule, allowing recovery even if the injured person shares some fault, as long as they are not found more than 50 percent responsible, though any recovery is reduced by their percentage of fault.
Texas generally requires injury claims to be filed within two years of the date of the accident, and within two years of the date of death for wrongful death claims. Waiting to investigate a distracted-driving crash can also mean losing access to cell phone records, dash camera footage, and ELD data before they’re deleted, so timing matters both for the legal deadline and for the evidence itself.
Talk to Jonathan Herrera About Your Truck Accident Case
If you or a loved one was seriously injured in a truck accident caused by a distracted or texting truck driver, Herrera PLLC is available to review the details of your case. Jonathan Herrera personally investigates what happened, gives an honest assessment of your legal options, and handles every matter from beginning to end. While based in Houston, the firm represents clients throughout Texas, including the Rio Grande Valley, Dallas-Fort Worth, Austin, and San Antonio.
These cases are handled on a contingency fee basis: no upfront costs, and no attorney’s fees unless compensation is recovered. Consultations are free, confidential, and come with no obligation, and every case is prepared as though it may go before a jury. Contact Herrera PLLC or call 832-891-3210, email jherrera@jh-lawpllc.com, or complete the online contact form to get started.
Frequently Asked Questions
Yes. Federal regulations under 49 CFR §§ 392.80 and 392.82 prohibit commercial drivers from texting or using a handheld mobile phone while operating a commercial motor vehicle. These federal rules apply to truck drivers operating in Texas, including throughout the Houston area.
Proving distraction generally involves obtaining cell phone records, dash camera footage, electronic logging device (ELD) data, and any available witness accounts from the time of the crash. An attorney can help identify and request this evidence before it is lost or overwritten.
Trucking companies and their insurers don't always retain data indefinitely. A preservation letter sent early in the case can put the carrier on notice of a legal obligation to retain cell phone, dash camera, and ELD records. This is one reason early investigation matters after a suspected distracted-driving crash.
Depending on the facts, a trucking company may share liability if it failed to enforce distracted driving policies, contributed to unsafe scheduling pressures, or otherwise created conditions that encouraged distracted behavior. An attorney can review company records and policies to evaluate this possibility.
Depending on the facts of the case, Texas law may allow recovery for medical expenses, lost income, pain and suffering, physical impairment, property damage, and wrongful death damages in fatal cases. The specific damages available depend on the evidence and circumstances involved.