Eating or drinking are not prohibited, but they are strongly discouraged. According to the FMCSA, eating while driving can be even riskier than using your phone.
Detroit, MI – Two people were killed and two others were severely injured in a recent truck accident on I-696 near Orchard Lake Road in Farmington Hills. According to Michigan State Police, the driver of a semi was distracted and didn’t notice the traffic in front of him had come to a standstill. The semi rear-ended a Buick, killing the elderly couple on board, then hit two other cars before jackknifing and shutting down traffic completely.
In recent years, distracted driving has become one of the leading causes of motor vehicle accidents and the reason behind this alarming trend is people’s fascination with modern technology, mainly cell phones. Taking your eyes off the traffic for a few seconds is always dangerous, but when a trucker does this the consequences can be catastrophic.
If you were recently injured or you lost someone in this type of crash, you must talk to skilled Detroit truck accident lawyers to recover the damages you are owed.
What constitutes distracted driving?
The police did not elaborate on what the trucker involved in the I-696 crash was doing, but it can be assumed it had to do with the most common types of distraction, which include:
- Using a cell phone
- Eating or drinking
- Personal grooming
- Changing the radio or fiddling with climate control
- Looking at something outside the vehicle
- Thinking of something else, other than the traffic.
Can truckers use a cell phone while driving?
The Federal Motor Carrier Safety Association (FMCSA) has implemented strict regulations on cell phone use by commercial drivers. The rule applies to anyone driving a truck with a gross vehicle weight of 10,000 lbs or more.
Truckers are not allowed to reach or hold an electronic device. They can talk on the phone, but only using an earpiece and one-finger dialing. Texting is strictly prohibited, as is watching funny videos to pass the time. If they need to use their phone, truckers must pull to the side of the road.
Eating or drinking are not prohibited, but they are strongly discouraged. According to the FMCSA, eating while driving can be even riskier than using your phone.
How can you prove a trucker was distracted?
If at all possible, you should try to investigate whether the trucker may have been distracted while at the scene of the crash.
Try to have a look at the cabin. Take photos of open food or drink containers. See if there’s a phone on the other seat or anywhere in the vicinity of the driver’s seat.
Proving that the trucker was on the phone is not easy. Your Detroit accident lawyers will have to subpoena the man’s cell phone provider to determine whether the driver was talking on the phone or got any messages around the time of the crash.
Cell phone data can also be used to establish whether the trucker was using an app on his phone. Your attorneys will check the trucker’s social media looking for evidence that he was posting, commenting, or giving a simple like to other users.
You can use this type of evidence to prove that the driver was negligent, which, from a legal point of view, makes him liable for damages.
Source: FMCSA: CMV Driving Tips – Driver Distraction
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