A new federal rule banning hand-held cell phone use in commercial vehicles is causing concern for some commercial truck and bus companies. The new rule mandates a complete ban on the use of hand-held cell phones while the driver is operating the vehicle; it requires the driver to pull off the road to use a hand-held phone.
The regulation also requires employers to make a policy that permits their drivers to use only hands-free devices while driving. This part of the rule is causing alarm because it imposes potential "compliance liability" on the employer or contractor.
The insurance industry supports the regulation because a company's cell phone policies can be used by underwriters as "part of the insurer's loss control assessment" and can also be a tool "to evaluate how a company recognizes their hazards and establishes control that would make them a better-than-average performer."
The American Trucking Association, however, points out that it would be nearly impossible for an employer to monitor and enforce cell phone use by its drivers, especially when truck and bus drivers use their personal cell phones.
A marketing vice president for Chartis U.S. Casualty predicts that the new regulation will initially negatively affect some commercial trucking companies. He asserts that the definitive rule holding employers liable for their drivers' acts will cause a company without a well-documented "compliance program" to be liable for negligence in distracted-driving accidents. An initial surge in such cases is expected to level off after a few judicial opinions regarding liability are passed down.
Contact an Attorney
How the new regulations will ultimately affect the trucking industry is unclear. However, when cars and trucks collide, catastrophic injuries such as paralysis, disfigurement often result. In addition, there can be heavy financial losses, including medical bills, future medical expenses, lost income, or loss of future earning capacity.
If you are involved in a collision with a truck, contact an attorney experienced in truck accidents. An experienced attorney can evaluate your individual circumstances and help you recover the damages you are entitled to.
