Around the country city by city, state by state, the ban on cell phones and texting while driving is gaining steam to avoid car accidents, but what about trucking accidents? Here in Washington State we implemented a ban last year, which restricted talking on the phone to the use of a head set only, no texting, and age restrictions to all device use for younger drivers.

On a national level, the texting ban for commercial trucks has been in place for a while, but truckers have been enjoying being able to converse through citizen’s band (CB) radio for decades, long before cell phones. The use of these devices are part of their training as professional drivers. But the National Transportation Safety Board (NTSB) has made a distinction between cell phones and CBs and is very close to banning cell phones.

Cell Phones and Trucking Accidents

The national ban that was proposed Tuesday would effect ALL commercial truck drivers. Not since the push for mandatory seat belts in the 60’s does a ruling cover such a large swath of the population of vehicle drivers. And as you might guess, truckers, union advocates, and some trucking companies that depend on cell phones for their communication strategy think it goes too far.

The reason for their dissatisfaction is because the new rules would bar not only hand-held but hands-free devices also. The NTSB action comes on the heels of a fiery Kentucky wreck that killed a trucker and 10 people in a van on their way to a wedding. After studying the accident report, the NTSB determined that driver of the passenger van was distracted by his hands-free cellphone at the time of the tragic crash.

The American Trucking Association (ATA), partially supports a ban. They make a distinction between the dangers of hand-held phones and texting but not hands-free devices. Officials of organization believe that there’s no science backing up the idea that hands-free devices are a distraction like hand-held devices.

“The risks of texting while driving are beyond belief,” said Boyd Stephenson, safety and security manager of the ATA.

Currently, the U.S. Department of Transportation (USDOT) penalizes truck drivers for texting while driving with civil penalties of up to $2,750. In 2004, the NTSB proposed a ban on the use of cell phones in non-emergency situations while driving for commercial bus drivers. It took another six and a half years for the department to look into a ban on hand-held cell phone use for bus and truck drivers while operating a vehicle. A final rule is expected this fall.

“Texting or talking on the phone while driving can turn deadly in a matter of seconds, particularly when a big rig or a bus is involved,” Transportation Secretary Ray LaHood said in a statement Tuesday. “There is no call or text message that is worth risking lives.”

Communication Methods

Cell phone use is not just a concern for commercial trucking, recommendations for aviation and shipping industries have also been issued. What may seem a little odd to some is the fact that amongst all of these industries, CB radio use is not affected.

CB Radios and Truck Accidents – Citizen band radios are a staple in movies involving trucking and are perhaps synonymous with their specialized language and unique “handles.” They were perhaps the original social media, but far more localized. Depending on where the trucker or bus driver were driving, the CB had a long or short range. This would pose a limitation to how much time or how many people with which they could communicate. The hand set, heavy cord, and the manual changing of channels was another added distraction. All of these factors are involved when considering the dangers of driving while using a CB radio. Have there ever been commercial trucking accidents caused by the distractions associated with CB use? Of course there have. Are they more dangerous than cell phones? There has not yet been a study to determine that.

Cell Phones and Truck Accidents – Some companies have found it far more practical and economical to use cell phones to contact and communicate with their drivers. Drivers have also found them to be invaluable during those long haul trips or even to stay connected to their families during the day. Holding the phone to your face is not a lot different than using a CB, but the access to conversation is changed massively. Thus, this may result in increased use and longer conversations resulting in more in-depth distractions. There are multiple studies that show cell phone distractions are akin to diving drunk based on reaction times and control of the vehicle. Would hands-free devices change that? Some studies suggest that it would not regardless of the experience of the driver. There have also been studies regarding this for the trucking industry.

A study of company vehicle fleet crash rates called Strength in Numbers Fleet Benchmarking Study, reveals the top safety performers are companies with policies enacting a total ban on cell phone use (handheld and hands-free) and that establish strong consequences—including termination—for employees who violate such policies.

Texting and Truck Accidents – As stated above, this is just a horrible idea for anyone operating a motor vehicle. To prove the point recently, NASCAR drivers (considered some of the best drivers in the world) were given an obstacle course and were asked to carry on a text conversation while driving it. None passed and some yielded results of driving twice to three times over the legal drinking and driving limit of .08.

One Solution Out Of Many Problems

This is not an act of congress and the NTSB lacks the authority to make such regulations. It sent its recommendation to the Federal Motor Carrier Safety Administration and all 50 states for action. It will then have to go through each legislature for national implementation, a tall order since many states are dominated by conservative anti-regulation advocates.

“It may not be something that’s widely embraced. This is not going to be popular. But, we’re not here to be popular. We’re here to do what needs to be done,” NTSB Chairman Deborah Hersman said.

The popular opposition argument to this proposal is that these rules should be left to the discretion of the employer rather than the federal or state governments to enforce. However, the current fine structure may not have enough of an economic impact on trucking company owners to curb the behavior and may disproportionately impact small operators rather than the intent of the rule, which is to shift behavior patterns as early as possible.

Perhaps the biggest problem is that there are few studies backing the rule and bigger evidence of more pressing problems.

Fatigue – This is one of the worst culprits in trucking accidents where rules are constantly broken by drivers in order to accommodate employer/client demands.

Equipment Failure – Another serious problem that is directly tied to the profit stream of both large transportation companies and independent operators.

Operator Error – Distracted or not distracted, operators need to know when they could be potentially putting other people on the road at risk and as it stands are held accountable, but those who are proposing the cell phone ban are on the side of prevention, which the current rules do not fully cover.

Washington Trucking Accident Lawyers

Commercial truck drivers in general are well trained and can execute their duties professionally, but situations and road conditions can change suddenly and without notice. It is these instances that separates the trained commercial driver to the general car driver on the road. However, when a professional driver is distracted they may not be able to react as quickly as they need to and since they are driving a large heavy vehicle they could potentially be putting many other drivers in jeopardy, more than other vehicles would. That is why it is important that they DO NOT drive distracted at any time.

Trucking accidents can be dangerous because they often involve multiple cars because of their size and how much it takes to stop, especially when its sliding on it side. If you or a loved one have been injured or killed in a truck accident then you need an experienced lawyer to represent you and assure that you get the compensation you deserve. Call the Seattle trucking accident attorneys at Phillips Webster for a free consultation.

Learn More About:

• Washington Law and Trucking Accidents
• What You Should Know in the Event of a Trucking Accident in Washington
• Trucking Accident FAQs