What If the Truck Driver Was On Their Phone When They Hit Me?

If a truck driver was using their phone when they hit you, it is a powerful piece of evidence in your favor. Federal Motor Carrier Safety Administration (FMCSA) regulations explicitly prohibit commercial truck drivers from texting or using handheld mobile devices while driving. Violating this rule can result in fines, disqualification, and, most importantly for your case, is strong evidence of negligence.

Phone records, cell tower data, and the driver's device itself can all be subpoenaed to prove the driver was on their phone at the time of the crash. Additionally, many commercial trucks have forward-facing cameras and event data recorders that may corroborate distracted driving. Witness statements from other motorists can also support your claim.

When a truck driver violates federal safety rules by using their phone, it demonstrates a disregard for the safety of others. In Texas, this can potentially support a claim for punitive damages, additional compensation designed to punish egregious behavior and deter others from similar conduct. Punitive damages are not available in every case, but distracted driving violations make them more viable.

The trucking company may also be liable if they failed to enforce no-phone policies, did not install hands-free communication systems, or did not discipline drivers for prior violations. Discovery during litigation can reveal whether the company had a pattern of ignoring distracted driving among its drivers.