NTSB Wants To Ban All Cell Phone Use By Truck Drivers
The National Transportation Safety Board (NTSB) is urging the Federal Motor Carrier Safety Administration (FMCSA) to prohibit commercial drivers from reaching for, holding or dialing a cell phone while operating a commercial motor vehicle.
December 16, 2011 /24-7PressRelease/ -- The National Transportation Safety Board (NTSB) is urging the Federal Motor Carrier Safety Administration (FMCSA) to prohibit commercial drivers from reaching for, holding or dialing a cell phone while operating a commercial motor vehicle - which will impact drivers across the U.S., including Utah. This ban was proposed in an effort to reduce commercial truck accidents.
NTSB request goes beyond the FMCSA proposed rulemaking, which would only ban the use of hand-held cell phones by drivers of commercial motor vehicles. It is important to note that Utah already has laws in effect that prohibit all drivers from using hand-held cell phones, but the proposed NTSB ban is even stricter.
11 Dead in Trucking Accident
The ban has been prompted and proposed as a result of a crash in Kentucky between a semi-truck and a 15-passanger van in March of 2010. The accident occurred when the truck left its lane, crossed over the 60-foot median strip of the interstate highway and collided with the van.
Collisions between trucks and smaller automobiles are often the most devastating. In this situation the crash killed the truck driver and everyone in the van, except two children in child safety seats.
The NTSB's investigation of the crash determined that the truck driver lost control of his vehicle because he was distracted by using a cell phone. Phone records indicated he made a call seconds before the truck struck the van.
Combined with the distraction caused by the cell phone usage, the accident occurred at 5:14 a.m. and driver was presumed to be fatigued.
Also contributing to the accident was the failure of the median cable barrier, which was not capable of withstanding the forces of a heavy tractor-trailer moving at highway speeds of 70 mph.
FMCSA Rulemaking
The FMCSA rulemaking methodically explains that there are four categories of distraction:
- Visual (taking one's eyes off the road),
- Manual (taking one's hands off the wheel),
- Cognitive (thinking about something other than the road/driving), and
- Auditory (listening to someone talking)
The FMSCA argues that what makes cell phone usage so dangerous while driving is that it combines elements from each of the categories. They note, "For example, reaching for and dialing a mobile telephone are both visual and manual distractions."
They cite a study by the Center for Truck and Bus Safety Virginia Tech Transportation Institute (VTTI). The study, Driver Distraction In Commercial Operations, found the chances of being involved in a safety-critical event (i.e. crash or near-crash) are three times greater when the driver is reaching for an object and increases six times when the driver is dialing a cell phone.
Keep Your Eyes On The Road
Driving is a very complex task. Our nonchalance is fostered by our familiarity with driving. In the United States in 2010, vehicle miles driven totaled three trillion miles.
Driving a tractor-trailer weighing 80,000 lbs at 70 mph is very complex. Multiple studies have found that dialing a cell phone significantly reduces the amount of visual scans of the roadway by drivers, increasing the chance they will miss critical information until it is too late.
This appears to have been the case in trucking crash mentioned above, where the driver attempted to brake, but failed to steer the vehicle away from the oncoming traffic. The truck driver had been on the phone over 60 times in the preceding 24-hours, and called or text messaged four times just minutes before the crash.
The trucking industry understands the problem. After all, they pay the insurance premiums that increase when negligent drivers cause accidents. The NAFA Fleet Management Association is supporting the NTSB's recommendation to the FMCSA to ban cell phone use.
They state in a letter, "FMCSA's action on NTSB's recommendation will be an important tool against distracted driving and will support the efforts of fleet managers to encourage their companies and agencies to strengthen safety programs with further restrictions on cell phone and text message usage."
Negligence Per Se
If the FMCSA finalizes their rulemaking and prohibits all cell phone use by commercial motor vehicle drivers, it could make a crash involving a truck driver on the phone negligence per se.
When a motor vehicle accident occurs someone involved in the accident can bring a negligence action to recover compensation for his or her injuries and other damages. The legal elements of a typical negligence case involve a duty, a breach of the duty, and damages.
What is different in a negligence per se action is that the duty is created by law. If the FMCSA bans cell phone use, a driver using a cell phone may have breached their duty by simply reaching for the phone. In addition, in Utah a victim may also use the state statute prohibiting hand-held cell phone use as a prerequisite for negligence per se, depending on the circumstances.
This means any one suffering damages from that act need not prove the existence of a duty. This does not mean the driver is automatically liable for all damages, as there are other factors - for example the victim would have to show they were a member of the public that the rule was created to protect.
Nonetheless, in addition to making the roads safer by reducing cell phone use, if you were injured in a wreck involving a truck driver on a cell phone, there could be one less barrier to obtaining compensation.
While the cell phone ban is not currently in effect, if you have suffered injuries in a crash with a commercial motor vehicle, speak with an attorney experienced with truck accidents. They can examine the facts of your case and help you determine if you have a viable claim.
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