By Jonathan Herrera, J.D., Herrera PLLC

A commercial truck traveling at highway speed covers a significant distance in the few seconds it takes to glance at a phone. Because of the size and stopping distance of large commercial vehicles, federal regulators have imposed specific restrictions on phone and device use for drivers operating them. This overview explains how those rules generally work and how distraction can factor into a Texas trucking accident claim.

Federal Rules on Handheld Devices and Texting

Under 49 CFR § 392.80, a commercial driver is generally prohibited from texting while driving, and motor carriers are prohibited from allowing or requiring drivers to do so. A separate regulation, 49 CFR § 392.82, generally prohibits a commercial driver from using a hand-held mobile telephone while operating a commercial motor vehicle. These restrictions apply specifically to interstate commercial motor vehicle operation and carry civil penalties for drivers and motor carriers who violate them.

How Distraction Contributes to Truck Accidents

Distraction can take several forms behind the wheel of a commercial truck, including handheld phone use, texting, interacting with a dispatch or navigation device, or attention diverted by other in-cab activity. Because commercial trucks require a longer stopping distance than passenger vehicles, even a brief lapse in attention can reduce the time a driver has to react to slowing traffic, a lane change, or a hazard in the roadway. Research sponsored by the Federal Motor Carrier Safety Administration has found that commercial drivers who text while driving are substantially more likely, by some estimates over twenty times more likely, to be involved in a crash, near-crash, or other safety-critical event compared to drivers who are not distracted. Depending on the facts, distraction may be identified as a contributing factor in a crash through witness accounts, the police report, or the driver’s own statements during a post-accident investigation. That connection to case value is discussed further in this overview of what determines truck accident compensation.

What Evidence Can Show a Driver Was Distracted

Several categories of evidence can potentially help establish whether a driver was distracted at the time of a crash:

• Cell phone records obtained through a subpoena, which can show call, text, or data activity around the time of the collision
• Electronic logging device (ELD) data and telematics records maintained by the trucking company, which can show vehicle speed, braking patterns, and location
• Dash camera footage, when available, which can corroborate or contradict a driver’s account
• Witness statements, which can support or contradict other evidence

Because some of this data, including certain electronic logging records, is generally retained for only a matter of months, early evidence preservation matters in cases where distraction is suspected. For more on how these records fit into a broader investigation, see this overview of truck accident claims, or this page addressing distracted and texting truck driver accidents specifically.

Trucking Company Policies on Device Use

Motor carriers are responsible under federal regulations for not allowing or requiring drivers to text or use handheld devices while driving, and many carriers maintain their own internal distracted driving policies that go beyond the federal minimum. When a company’s own policies, training records, or dispatch practices are inconsistent with federal rules, or when a company knowingly permits a pattern of device use, that information may become relevant to how liability is evaluated in a resulting accident claim. The specific policies and internal disclosure practices that apply to a given motor carrier vary by company and fleet size, and are typically reviewed as part of investigating a specific claim.

Frequently Asked Questions

What federal rules govern cell phone use for commercial drivers?

Under 49 CFR § 392.80, commercial drivers are generally prohibited from texting while driving, and under 49 CFR § 392.82, they are generally prohibited from using a hand-held mobile telephone while operating a commercial motor vehicle. Motor carriers are also prohibited from allowing or requiring drivers to violate these rules.

Can texting while driving be proven after a truck accident?

Depending on the facts, cell phone records obtained through a subpoena, combined with electronic logging device data and witness accounts, can potentially help establish whether a driver was using a phone at the time of a crash.

What records can show a driver was using a phone at the time of a crash?

Phone carrier records, electronic logging device and telematics data, dash camera footage where available, and witness statements can all potentially be relevant to establishing device use around the time of an accident.

Are trucking companies required to have distracted driving policies?

Motor carriers are prohibited under federal regulations from allowing or requiring drivers to text or use handheld devices while driving. Many companies also maintain their own internal policies, though the specific requirements can vary by carrier.

How common is distracted driving in commercial trucking accidents?

Research sponsored by the Federal Motor Carrier Safety Administration has identified texting and handheld device use as significant contributing factors in commercial truck crashes and near-crashes, with texting drivers found to be substantially more likely to be involved in a safety-critical event than non-distracted drivers.

How long are phone or telematics records available after an accident?

Records such as electronic logging device data are often retained for only a limited period, which is one reason prompt evidence preservation matters when distraction is suspected in a trucking accident.

This article is intended for general informational purposes only and does not constitute legal advice; the facts of every trucking accident case are different, and an attorney can evaluate the specific details of a situation during a free, confidential consultation by calling 832-891-3210 or visiting the contact page.

Jonathan Herrera, J.D., is the founder of Herrera PLLC in Houston, Texas. Before practicing law, he spent over a decade as a licensed insurance adjuster managing high-exposure casualty and property claims, later practiced insurance defense, and founded JH Claims LLC, a multi-state independent adjusting firm. Learn more about Jonathan Herrera’s background.