Distracted driving affects everyone on the road, but when it involves large vehicles like semi-trucks or commercial motor vehicles, the consequences can be far more severe. According to the Hawaii Department of Transportation, Honolulu police issued over 4,700 citations for using cell phones while driving. Preliminary data shows that in 2023, distraction (including phone use) was noted in 26 of 119 fatal crashes, and by the end of March 2024, six out of 35 fatal crashes involved distraction.
Truck drivers are held to higher standards due to federal regulations and the nature of their work. They operate massive commercial vehicles, often transporting hazardous materials or cargo across long distances. A single lapse in focus can turn into a serious accident affecting multiple lives. By contrast, regular drivers follow state laws, which vary in how they handle mobile phone use and other distractions.
If you’ve been injured in a distracted driving truck accident, especially involving a commercial vehicle, these distinctions can play a significant role in your legal options and recovery. Knowing how the law treats these cases differently can help protect your rights and strengthen your claim. At Recovery Law Center, we help clients understand the legal differences between truck drivers and regular motorists regarding distraction behind the wheel.
This article explains how federal and state laws apply differently, why commercial truck drivers face stricter rules, and how these differences can affect truck accident cases.
Why Laws Vary Between Commercial Truckers and Regular Drivers
The rules around distracted driving aren’t the same for everyone. Truck drivers and other commercial drivers are regulated by both state and federal authorities. These rules exist because commercial trucks are larger, heavier, and require more time and distance to come to a complete stop. Operating commercial vehicles safely requires full attention, which is why the federal government has implemented stricter requirements.
Commercial truck drivers are required to follow federal guidelines established by the FMCSA. These rules include complete bans on texting while driving and the use of handheld mobile phones. Even reaching for a mobile device while the vehicle is in motion is considered a safety-critical event that can put others at risk. Federal rules are enforced in addition to any state-level distracted driving laws, meaning truckers are held to a higher standard than other motorists.
On the other hand, regular drivers are subject only to the laws of their state. While many states have banned texting while driving and the use of handheld phones, others still permit the use of hands-free devices. These differences can create confusion, but one thing is clear: when it comes to distracted driving, truck drivers face stricter rules because of the risk they pose to other drivers on the road.
Common Scenarios Compared
To better understand how distracted driving laws apply differently, it’s helpful to examine real-world examples where the rules come into effect. One common scenario involves a truck driver using a dispatch device or checking a message while in traffic. Under federal law, that behavior is prohibited. Even if the truck wasn’t moving, the action could still be considered a violation, depending on the timing and context.
Compare this to a regular motorist using a mobile phone in the same situation. In many states, hands-free use is legal. If the driver was speaking through a hands-free device, there may not be any violation. However, if the motorist was texting while driving or using a handheld phone, they could face a citation depending on local law.
Another example is eating or adjusting a navigation system. For commercial truckers, these are considered manual distractions and may contribute to fault in an accident. Regular drivers may not face legal penalties for these behaviors unless they cause an accident, but they can still be held responsible in civil court.
Each of these situations highlights how distracted driving laws with different rules can create varying outcomes depending on who was driving and the type of vehicle involved.
How Distracted Driving Truck Accident Cases Are Established
Distracted driving accidents involving commercial vehicles often require a more thorough investigation and the gathering of evidence. Unlike regular drivers, truck drivers and trucking companies are required to maintain detailed records of their operations. These include:
- Logbooks
- Black box data
- Electronic logging devices
- Dash cam footage
This data can show precisely what the driver was doing at the time of the accident, helping to determine if they were distracted.
For example, accident reconstruction experts may use black box data to measure the speed and braking activity of a truck in the moments leading up to a crash. If the data shows no attempt to brake before impact, it could suggest the driver’s eyes were not on the road. If phone records reveal recent calls or texts, that’s another sign of distraction.
Many trucking companies also monitor dispatch communication. If the driver was responding to a dispatch message at the time of the crash, the company may share responsibility.
With regular drivers, it’s harder to access such detailed information. Investigators rely more on phone records, witness statements, and physical evidence. These limitations make it essential to act quickly and gather as much information as possible after any distracted driving incident, especially those involving commercial trucks.
Penalties: Commercial Truckers vs Other Motorists
The penalties for distracted driving differ based on whether the driver operates a commercial vehicle or a personal one. For commercial truck drivers, the consequences are strict and enforced under federal law. If caught using a handheld cell phone or texting while driving, a commercial driver may face a fine of up to $2,750 and risk losing their commercial driver’s license (CDL). The trucking company may also be fined up to $11,000 if it knowingly allows or requires the use of electronic devices during driving.
Additionally, truck drivers caught driving while distracted can be placed out of service, which means they must immediately cease operating the vehicle. For repeat offenses, license suspension is a real possibility, even for seemingly minor infractions, such as reaching for a mobile phone or dispatch device while driving.
For regular motorists in Hawaii, distracted driving involving the use of a mobile device while operating a vehicle is prohibited under Hawaii Revised Statutes §291C-137. A first-time offense usually carries a fine of around $250, and has recently increased to $400 if the violation occurs in a school zone or construction area. Repeat offenses can lead to higher fines and, in some cases, court-mandated driver improvement programs.
Tips for Staying Safe and Avoiding Distracted Driving
Avoiding distracted driving is simple in theory, but it takes commitment every time you’re behind the wheel. For both truck drivers and regular motorists, putting away the phone is the most important step. Other tips include:
- Using a hands-free phone only where it’s legal and only when it doesn’t distract you from the road can help reduce the risk of accidents.
- Truck drivers should program their GPS or dispatch system before the trip begins.
- Communication should be planned during rest breaks.
- Many trucking companies encourage the use of dash cams and black box technology, not only for monitoring but also to promote safer driving habits on the road.
For other drivers, it’s best to keep phones in the glove box or use “Do Not Disturb” mode while driving. Avoid eating, adjusting the radio, or interacting with passengers when in heavy traffic or unfamiliar areas. If you need to use your phone, pull over safely before making the call or sending a message.
Keeping your eyes on the road, hands on the wheel, and mind focused on driving protects not only you but everyone else sharing the road with you.
Recovery Law Center: Protecting Crash Victims from Driver Distraction
At Recovery Law Center, we work with people who’ve been injured in serious traffic accidents, especially those involving commercial vehicles and distracted truck drivers. We understand the rules that apply to the trucking industry and how those rules can affect a case. When we take on a truck accident case, we look beyond the police report. We examine black box data, cell phone records, dispatch logs, and safety reports from the trucking company.
Our goal is to make sure every driver’s actions are thoroughly reviewed. Was the truck driver using a phone while driving? Did the company fail to enforce rules about distracted driving? Were there electronic logging devices or dash cams that show what happened in the moments before the crash? These are the questions that matter in building a strong legal claim.
We also handle cases involving regular drivers. If someone else’s distraction caused your injury, we’ll help you understand your legal options and take the following steps. Every case is unique, but our focus remains the same: ensuring that injured individuals receive the help and compensation they deserve.
If a distracted driver has caused you harm, call us at (808) 515-2107 or contact our team online for a complimentary case evaluation.
