Were You Hit by a Distracted Commercial Truck Driver?

Distracted driving continues to be an epidemic on the roads of Colorado and throughout the nation. Commercial truck drivers who succumb to distractions such as texting, making phone calls, etc. represent perhaps one of the greatest dangers to motorists. If you were injured in an accident caused by a distracted truck driver, you may be entitled to compensation.

Colorado’s hands-free law differs from the standards set by federal trucking regulations. It is imperative to seek representation from a truck accident lawyer who understands state and federal law and what the legislation means for your case.

Burg Simpson has extensive experience representing the victims of truck accidents in Denver and throughout Colorado. We can help you hold a distracted truck driver accountable. Call 303-792-5595 today for a FREE case evaluation.

Why Do Truck Drivers Get Distracted?

Driving an 18-wheeler or other commercial vehicle is a demanding job. Commercial drivers spend long hours on the road, constantly paying attention to traffic, road, and weather conditions. Even the most vigilant truck driver can get into an accident, but distractions make a crash much more likely.

Some of the most common distractions that lead to truck accidents include:

• Texting and driving
• Making or receiving phone calls
• Eating food or drinking a beverage
• Looking at a navigation device or reading a map
• Operating the radio
• Reaching for an object or device inside the vehicle
• Adjusting the air conditioning or heat
• Mental drift or wandering thoughts
• Filling out logbooks and doing paperwork
• Changing radio stations or music selections
• Smoking
• Talking to a passenger or tending to an animal in the cab

Distractions may last a few seconds. Unfortunately, during that time, a semi-truck may travel the length of a football field. Within that distance, they may collide with one or more vehicles, overcorrect and roll the vehicle, jackknife from braking too hard, etc.

What Are the 4 Types of Driver Distractions?

The National Highway Traffic Safety Administration and other agencies have identified multiple types of distracted driving. Any of the following can make for a distracted truck driver:

• Visual distractions: The driver takes their eyes off the road.
• Cognitive distractions: The driver mentally disengages from the task of operating the commercial vehicle.
• Manual distractions: The driver’s hands are occupied.
• Auditory distractions: Sounds from inside and/or outside the vehicle cause the driver to lose focus.

Some actions (such as texting while driving) may encompass multiple types of distraction. This is particularly dangerous, as the truck driver may lose the ability to notice potential hazards, react promptly, and steer clear of the danger.

Differing Laws on Distracted Truck Driving

Interstate truck drivers are responsible for following federal regulations as well as the laws of each state through which they travel. Motor carriers must ensure that their drivers comply with local rules.

Laws concerning commercial trucking operations vary from state to state. Sometimes the law of the state differs from the Code of Federal Regulations (CFR). That is the situation we have in Colorado when it comes to mobile phone usage by commercial drivers.

Colorado’s Hands-Free Law

Effective January 1, 2025, motorists in Colorado are prohibited from using handheld electronic devices when they are driving. Hands-free devices (such as dashboard mounts, software that pairs phones with the car’s infotainment system, and built-in speakers) are still permitted.

The penalty for a first-time violation of the hands-free law is a $75 fine and 2 points off the driver’s license. Subsequent violations result in higher fines and additional points, potentially resulting in license suspension.

Drivers may still use a handheld device in an emergency or to report an accident. Certain drivers are also exempt, such as first responders, utility workers, city and county employees, and, notably, commercial drivers.

Federal Regulations on Mobile Phone Use While Driving

Interstate truck drivers are subject to federal law. The federal regulations on the use of electronic devices by commercial drivers are much more stringent than the Colorado hands-free law. For example:

• Truck drivers are prohibited from texting while driving, except in emergencies (see 49 CFR § 392.80).
• A commercial driver may not use a handheld mobile phone while operating a truck or other vehicle, except for emergency situations (see 49 CFR § 392.82).
• Under the same regulation, carriers are prohibited from allowing their drivers or requiring them to use a mobile phone in the course of their duties.

Penalties for violating these regulations include a $2,750 fine for drivers and an $11,000 fine for employers. Subsequent violations result in the loss of driver qualification for 60 days or more.

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Federal law takes precedence in interstate trucking. Interstate truck drivers are bound to the stricter federal regulation prohibiting mobile phone use, as opposed to the Colorado law which allows commercial drivers to use handheld devices. This situation illustrates the complexity of trucking regulations, as well as the importance of contacting a knowledgeable lawyer to help you hold distracted truck drivers accountable.

Establishing Liability for a Distracted Truck Driver Accident

You need to prove that the accident that led to your injuries was caused by the negligence of one or more defendants. This can be challenging in cases of distracted driving, because the action that led to the crash may last for only a split second.

Witness testimony and video footage may be able to establish that the truck driver was texting, talking on the phone, or absorbed by other distractions. It may also be necessary to obtain the driver’s cell phone records, trucking company records, and/or data from the truck’s onboard computer. A skilled Denver truck accident attorney will know how to collect this evidence and prepare a strong claim on your behalf.

Read More: Who Is Liable in a Truck Accident?

Injured by a Distracted Truck Driver? Burg Simpson Can Help

Texting and driving is just one potential cause of a distracted driving accident. If you or someone you love was seriously injured by an 18-wheeler or other commercial vehicle, and you suspect the driver was distracted, it is important to explore your legal rights as soon as possible.

Burg Simpson has decades of legal experience and in-depth knowledge of state laws and federal trucking rules. Our attorneys strive to hold all liable parties to account in the event of a tractor-trailer collision. This may include the truck driver, the trucking company, and others. We are a force to be reckoned with in settlement negotiations and at trial, always pursuing the optimal result for our clients.

For a FREE and confidential case evaluation, call Burg Simpson at 303-792-5595 today. Our truck accident lawyers can help if you have been injured by a distracted truck driver anywhere in Colorado, including the Denver metro area, the Front Range, the Western Slope, and other parts of the state.