FMCSA and Texas law permit the use of these devices, recognizing that they present a lower risk of distraction than hand-held devices.
However, even hands-free devices are not without risk, as cognitive distractions can still occur. Despite this, the law considers hands-free devices a safer option and allows truckers to use them, provided they do not engage in activities that divert their attention from driving.
Exceptions to the Rule
There are specific exceptions to the general prohibition on cell phone use by truckers. One notable exception under FMCSA regulations is using a mobile phone to communicate with law enforcement officials or emergency services in situations requiring immediate action.
For example, if a trucker needs to report an accident, a hazardous road condition, or a medical emergency, they are permitted to use their phone without violating the law.
Additionally, truckers are allowed to use mobile phones when the vehicle is stationary, such as when parked safely on the side of the road or at a rest stop.
Enforcement and Penalties
The FMCSA has empowered law enforcement officers to monitor and penalize truck drivers caught using hand-held mobile devices while driving.
Penalties for violating these rules are severe and can include fines of up to $2,750 for drivers and $11,000 for motor carriers who allow their drivers to use mobile phones while driving.
In Texas, the enforcement of these regulations is equally stringent, with local law enforcement agencies actively patrolling highways to detect violations. Repeated violations can lead to disqualification of a commercial driver's license (CDL), ending a trucker's career.
Proving Illegal Cell Phone Use After an Accident
Evidence of using a cell phone during an accident can significantly influence the outcome of a lawsuit, as it can establish negligence on the part of the trucker or the trucking company. To establish negligence contact an 18 wheeler injury lawyer in Houston at Baumgartner Law Firm.
Investigators may obtain the trucker's phone records to prove illegal cell phone use, showing the exact time and duration of any calls or messages.
Additionally, eyewitness testimony, surveillance footage, and data from the truck's onboard electronic logging device (ELD) can prove that the driver was distracted by their phone.
If you or a loved one has been involved in an accident with a commercial truck where cell phone use may have been a factor, consult with an experienced truck accident lawyer in Houston. They can help fight for the compensation you deserve.
