Hurt in a Truck Crash? Driver Phone Use Can Be Part of the Story

If a truck driver was on the phone in a Georgia crash, federal rules matter. Commercial truck drivers cannot use a hand-held mobile telephone while driving, except when the phone is necessary to communicate with law enforcement officials or other emergency services. Phone records can show what happened, and Georgia’s filing clock keeps running. This guide explains the rules in plain words and the steps to take next.

What Federal Rules Say About Phone Use by Truck Drivers

Federal rules bar commercial truck drivers from using a hand-held mobile telephone while driving a commercial motor vehicle, except when the phone is necessary to communicate with law enforcement officials or other emergency services. The texting rule is short: “No driver shall engage in texting while driving” (49 CFR 392.80).

Driving has a specific meaning here. It covers operating a commercial motor vehicle with the motor running, even while it is stopped in traffic or at a traffic signal. Pulling safely off the road is not driving.

The hand-held rule is in 49 CFR 392.82. It says, “No driver shall use a hand-held mobile telephone while driving a CMV.” Both rules have an emergency exception for communicating with law enforcement or other emergency services.

Federal rules also place a duty on the trucking company. Under 49 CFR 390.11, when a driver rule applies, “it shall be the duty of the motor carrier to require observance of such duty or prohibition.”

A judge or jury weighs it with everything else about the crash.

Georgia Hands-Free Law and How It Fits With Federal Rules

The state’s Department of Driver Services covers distracted-driving and hands-free rules in its traffic-law chapter, including the legal standard for driver care and prohibited phone use in a crash.

Federal and state rules are often cited together in these cases. The federal rules speak directly to commercial drivers. The state rules add a second source for the same conduct, and together they show what the law expected of the driver.

When you review the facts, ask how the driver used the phone. Calls, texts, and app use are not the same thing, so the details matter.

Common Sources of Driver Distraction in Truck Crashes

Phone use is one source of distraction, but truck drivers can be distracted in several other ways. Common sources in truck cases include texting, phone calls, apps and navigation screens, dispatch or in-cab tablets, eating or drinking, and passengers.

Investigators often sort distraction into three types. Visual distraction takes the eyes off the road. Manual distraction takes the hands off the wheel. Cognitive distraction takes the mind off the driving task.

Texting combines all three. The eyes leave the road, a hand leaves the wheel, and attention moves to the message. That is why texting is often the focus of an investigation.

Think about speed for a moment. A short glance at a screen at highway speed carries a heavy truck across a long stretch of road without the driver watching it. Each source leaves a trail, and each trail can be checked against the crash time.

Phone Records and Other Evidence That Can Prove Distraction

Phone carrier records and truck data are the main ways to show phone use. Useful records include call and text logs with timestamps, device data, in-cab and fleet telematics, GPS data, electronic logging device records, and dash cam video.

Timing matters most. A record that shows activity in the minutes before the crash is more useful than a general log. Each timestamp should be lined up with the crash time.

Records can also be lost, so making early requests for them can help. See FMCSA guidance on ELD records.

Other evidence helps too. The crash report from the investigating agency, photos, and witness statements can show where the truck was and what happened. Write down what you remember while it is still fresh.

Who Can Be Held Responsible When a Truck Driver Is Using a Phone

The truck driver can be liable for negligence, and the trucking company may be liable too. Georgia law says a person “shall be liable for torts committed by his wife, his child, or his servant by his command or in the prosecution and within the scope of his business” (O.C.G.A. § 51-2-2). When a driver is doing the company’s work, the company may answer for that driver’s conduct. The facts decide that.

Other parties can face claims too.

Georgia also looks at everyone who contributed.

The Georgia Department of Public Safety lists driver error among common contributing factors in Georgia truck crashes. See the Georgia Department of Public Safety fact sheet.

Injuries and Damages After a Truck Crash Involving Distraction

Truck crash injuries can range from whiplash and fractures to concussions, traumatic brain injury, and spinal injuries. Symptoms sometimes appear after the crash, so tell every provider about each symptom.

Serious crashes can also bring anxiety, sleep trouble, and post-traumatic stress. These effects can be part of a claim when they follow from the crash.

General damages are those the law presumes to flow from a wrongful act, and they can be recovered without proof of an amount. Special damages actually flow from the act, and they must be proved (O.C.G.A. § 51-12-2).

Medical expenses are limited to “the reasonable value of medically necessary care, treatment, or services” (O.C.G.A. § 51-12-1.1). Your medical records are how that value and the link to the crash get shown.

Shared fault matters too. Under O.C.G.A. § 51-12-33, damages are reduced in proportion to the plaintiff’s percentage of fault. A plaintiff who is 50 percent or more responsible “shall not be entitled to receive any damages.”

Georgia Deadlines: The Two-Year Filing Window Under O.C.G.A. § 9-3-33

Georgia generally allows two years to file an injury lawsuit. O.C.G.A. § 9-3-33 says actions for injuries to the person “shall be brought within two years after the right of action accrues.” The statute has exceptions, so the facts of your case matter.

Spouses may have a different clock. The same statute sets four years for actions involving loss of consortium, which often involve a spouse.

Records and reports take time to gather. Waiting for them does not pause the filing window, so put the deadline on your list early.

Practical Steps After a Crash With a Truck Driver on the Phone

Get medical care first, and tell the provider about every symptom, including ones that seem minor. Medical records are central to any claim.

Report the crash to police and ask for the crash report number. Photograph the vehicles, the scene, and visible injuries. Note the truck’s company name and any number printed on the truck.

Get names and phone numbers of witnesses. Write down what you remember and what you saw the driver doing, and do it soon. Stick to what you saw and what you can document.

Keep every bill, receipt, pay stub, and note about missed work. These records support both medical costs and lost income.

Related topics include rental car costs after a truck crash and federal hours-of-service rules for truck drivers.

Talk With T. Madden & Associates About Your Truck Crash

If a truck driver was on the phone when your crash happened, the phone records and the filing clock are decisions in front of you now. You do not have to sort them out alone. Contact T. Madden & Associates, P.C. to talk through what happened to you.

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

T. Madden & Associates, P.C. has practiced since 1999 and has offices in Jonesboro (Clayton County), Atlanta, Decatur, Macon, and Augusta. Terance Madden is the responsible lawyer for this page. You can reach the firm through the Contact T. Madden & Associates page.