Distracted Truck Drivers Owe You Answers. We Help You Find Them.

Short Answer: Can Phone Use by a Truck Driver Be Proven in Georgia?

Often, yes. You can usually show that a truck driver was using a phone, but how strong that proof is depends on the facts of each crash. Proof rarely comes from one document. It usually comes from several sources that are checked against each other.

Timing matters. Some of the records that count most are kept only for a limited time, and they can be lost. That is why this page focuses on what to look for and when to act.

This page is written for people trying to understand a crash that happened to someone else, often a family member. It covers the Georgia hands-free rule, the federal rules for commercial drivers, where phone evidence comes from, and how to protect it. For the wider picture, read our Truck Accident Lawyer Georgia guide.

Distracted Driving Rules in Georgia

A commercial driver is not outside the state rule because the vehicle is large.

Whether a particular moment falls under the rule depends on how the phone was being used at that moment. That is a fact question, and it is answered with records and other proof.

How much weight that evidence carries depends on the facts of the crash and on the other proof in the case.

What Federal Rules Add for Commercial Truck Drivers

Federal rules add a second layer for drivers of commercial motor vehicles. Under 49 CFR 392.80, no commercial driver may engage in texting while driving. No motor carrier may allow or require its drivers to text while driving.

49 CFR 392.82 sets a parallel rule for hand-held phones. No commercial driver may use a hand-held mobile telephone while driving, and a motor carrier may not allow or require it.

Both rules include an emergency exception. Each allows use when it is necessary to communicate with law enforcement or other emergency services.

It covers operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays, but not when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.

Because federal and state rules can both apply, a truck case can involve more than one set of rules. If cargo or the route brings extra regulations, our hazardous materials crash guide explains those added rules.

Where Phone Evidence Usually Comes From

Phone evidence usually comes from several places. The main sources are carrier records, the driver’s phone, electronic logging device data, dash cam footage, and the crash report.

Cell phone carrier records can show calls, texts, or data sessions near the time of the crash. These records are requested through the case, not from a phone store.

The driver’s phone itself may hold useful data. Access to it is usually sought through the discovery process in a lawsuit.

Electronic logging devices (ELDs) record certain truck data automatically. Under 49 CFR 395.26, the device automatically records the date, time, location, engine hours, vehicle miles, driver identity, vehicle identification data, and motor carrier identification data. It also makes a recording about once an hour while the truck is moving.

An ELD shows where and when the truck was moving. It does not show a phone call by itself. That is why ELD data is compared with carrier records and other proof.

Dash cam or onboard camera footage may show the driver’s hands, posture, or screen. Witness statements, the police crash report, and any citation written at the scene add more pieces. No single source is always enough, so the pieces are compared with each other.

Why Phone Evidence Disappears So Quickly

Some phone and truck records are kept for short periods. Trucking companies and carriers keep records on their own schedules, and those schedules are not always long.

For federal duty-status records, the window is short. Under 49 CFR 395.8(k)(1), a motor carrier must keep records of duty status and supporting documents for not less than 6 months from the date of receipt. The federal hours-of-service rule at 49 C.F.R. § 395.8 requires a motor carrier to retain records of duty status and supporting documents for each of its drivers for a period of not less than 6 months from the date of receipt.

Records can be preserved by many methods. Under 49 CFR 379.7, records may be preserved by any technology that accurately reflects all of the information in the record and remains accessible in a form that can be accurately reproduced later for reference.

A preservation letter is a written demand that the driver, the carrier, and the trucking company keep relevant records and devices. Sending one early puts the other side on notice to keep what it has.

Do not assume someone else has already saved the evidence.

Why a Citation Matters for an Injury Claim

A ticket for phone use can be relevant evidence in an injury claim. It is not the only way distraction is shown, and a claim does not rise or fall on it alone.

Whether and how a citation is used depends on the facts and on the rules that apply to the case. The same ticket can carry different weight in different crashes.

The crash report and the officer’s observations often work alongside a citation. Officers record what they see at the scene, such as a phone in the driver’s hand or a driver who appeared to be looking down. Those notes are compared with the other records.

Keep copies of any citation or crash report you receive. Write down dates, times, and the names of the officer and any witnesses while the details are still fresh.

If the Driver Was Working, Who Else May Be Responsible?

When a driver is working, the employer may also be part of the claim. Under O.C.G.A. § 51-2-2, a person is liable for torts committed by a servant in the prosecution and within the scope of his business.

Employers often admit that the driver was working, but that does not always end the matter.

Commercial insurance policies can be part of the picture. These policies differ from a personal auto policy, so it helps to identify the carrier early. Identify the driver’s employer and the vehicle owner too.

Under O.C.G.A. § 51-12-33, a plaintiff who is 50 percent or more responsible for the injury recovers no damages. Fault can also be assigned to a nonparty when the plaintiff has settled with that nonparty, or when a defending party gives notice not later than 120 days prior to the date of trial that the nonparty was wholly or partially at fault.

Eating, Stopped Trucks, and Other Distractions Juries Hear About

Eating while driving is a different legal question from phone use. It can still be shown as inattention, depending on the facts.

Distraction evidence is usually considered as a whole. Juries and courts look at the time of day, the route, the driver’s log, and the other proof together.

For local context on truck crashes, see our Clayton County guide.

Talk With T. Madden & Associates About Your Crash

If you are trying to piece together what happened to a family member, you are probably doing it while the records are still being gathered. The biggest decision in front of you now is whether to ask for phone and vehicle records and how to preserve them.

T. Madden & Associates, P.C. has practiced in Georgia since 1999. The firm handles car, truck, and motorcycle crashes, along with wrongful death cases. Its offices are in Jonesboro, Atlanta, Decatur, Macon, and Augusta.

The firm offers a free first consultation. It is confidential and carries no obligation to continue. The firm works on a no fee unless we win basis, but the client may still be responsible for court costs and case expenses.

If a truck driver’s phone may have played a part in the crash, you can start a free case evaluation with our team. You can also read the report timing guide while you decide.

Terance Madden is the responsible lawyer for this page. Contact details for T. Madden & Associates, P.C. are on the contact page. This page gives general information, not legal advice for your situation.