The flashing lights have faded, but one question burns in your mind: Was the truck driver texting instead of watching the road? If you have a strong feeling that the crash wasn't just an accident, contact a truck accident lawyer.
Proving a truck driver was texting when they hit you is possible, and it involves piecing together different types of evidence to build a clear picture of negligence.
Schedule A Free Case Consultation
Uncovering the Digital Trail Left Behind
Federal law strictly forbids commercial truck drivers from texting while driving, a rule meant to prevent the very kind of crash you experienced. When a driver ignores this rule, the consequences are devastating. Your focus should be on healing, but getting answers is a part of that process.
A personal injury lawyer can help you find the answers you need. In today's world, a driver's actions often leave a digital footprint. Commercial trucks contain sophisticated technology that records a stream of data. This information is a starting point for trying to prove that a truck driver was texting.
Cell Phone Records and Data
A driver's personal cell phone records are one of the most direct pieces of evidence. These records, which list the times of incoming and outgoing calls and text messages, can be matched to the exact time of the accident.
If the data shows the driver was sending a text message at the moment of impact, it creates powerful proof of distracted driving. Obtaining these records requires a formal legal request called a subpoena, which demands that the cell phone company provide the data.
Phone companies don't store this data forever. An attorney acts promptly to preserve and collect these records before they’re erased.
Electronic Logging Devices (ELDs)
Nearly all modern commercial trucks have an Electronic Logging Device (ELD). An ELD automatically records data about the truck's operation, including when it's moving, its speed, and its GPS location. It also tracks the driver's service hours to confirm they’re taking required rest breaks.
ELD data can show irregularities that point to distraction. For example, if the data reveals no change in speed or braking just before the crash, it suggests the driver wasn't paying attention. This digital evidence helps to build a timeline and expose a driver’s inattentive behavior.
The Truck's Onboard Computer (ECM)
Similar to an ELD, the truck’s Engine Control Module (ECM), often called the black box, records critical technical data about the truck's performance right before a crash.
The ECM captures several key data points, including:
- Vehicle Speed: It records exactly how fast the truck was traveling in the seconds leading up to the collision.
- Brake Application: The data reveals if the driver applied the brakes and precisely when they did so.
- Throttle Position: This information shows whether the driver was accelerating or coasting at the moment of impact.
An investigator analyzing this data can often tell if a driver reacted to a road hazard. A lack of braking or sudden, last-second maneuvers usually points to a driver who was looking away from the road.
Recreating the Scene
While digital data tells one part of the story, what happened on the road itself provides another layer of proof. Accident reconstructionists and eyewitnesses help paint a full picture of the moments leading to the collision.
Dashcam and Traffic Camera Footage
Video evidence is incredibly persuasive. Many commercial trucks have driver-facing and forward-facing dashcams. This footage provides a direct view of the driver's actions and the road ahead.
In addition to the truck's own cameras, traffic cameras mounted may have captured the incident. A lawyer can request footage from the correct transportation authorities before it's deleted. This visual evidence can be the key to showing a driver was looking down at a phone instead of driving safely.
Witness Statements
People who saw the accident are a valuable resource. Other drivers, pedestrians, or even passengers in your own vehicle might have seen the truck driver holding a phone before the crash. Their firsthand accounts provide a human element that supports the technical evidence.
For example, a witness who saw a truck drifting out of its lane gives a powerful account of dangerous driving consistent with texting. Their statements are formally recorded and used to strengthen your case.
The Role of an Accident Reconstructionist
Accident reconstruction is a scientific process used to figure out exactly how a collision happened. These professionals analyze key physical evidence from the crash scene to recreate the sequence of events.
Evidence includes:
- Skid Marks: The presence, length, and direction of skid marks can reveal braking patterns and speed.
- Debris Patterns: The location of vehicle parts and other debris on the road helps pinpoint the exact area of impact.
- Vehicle Damage: The specific damage to each vehicle helps determine the collision's angle, force, and nature.
They combine this information with data from the truck's ELD and ECM to create detailed diagrams and simulations. For example, the absence of skid marks at an accident site might indicate the driver never tried to stop, which is a strong sign of distraction.
Digging Into Company Records and Driver History
The evidence-gathering process extends beyond the crash scene and the truck itself. The trucking company's records and the driver's professional history often reveal patterns of carelessness.
Federal regulations require trucking companies to maintain detailed records, and this paperwork can uncover whether the company shares responsibility for the crash.
Driver Qualification Files and Training Records
Trucking companies are legally required to keep a detailed driver qualification file for every driver they employ. This file contains vital information that can reveal a history of unsafe behavior.
Common examples of negligent behavior include:
- Employment History: It details the driver’s past employers and can show patterns of job-hopping that may be a red flag.
- Driving Record: The file must contain a copy of the driver’s motor vehicle record, which lists past violations.
- Training and Licensing: It provides proof of the driver’s commercial driver’s license (CDL) and a record of their safety training.
A review of this file can show if the company hired a driver with a history of safety violations or reckless driving. Training records are also examined, which show what safety training the driver received, including any specific instruction on the company’s policies regarding cell phone use.
If the company provided little to no training on the dangers of distracted driving, it can be held liable for negligent training.
Post-Crash Drug and Alcohol Test Results
Federal regulations mandate that trucking companies conduct drug and alcohol testing on drivers after any serious accident. The results of these tests are a key piece of evidence. A lawyer will move quickly to ensure that the trucking company properly conducts these tests and preserves the results.
While these tests don't directly prove texting, they can establish a pattern of reckless behavior. If a driver tests positive for a controlled substance, it strengthens the case that they were an unsafe operator who engaged in risky behaviors, including texting and driving.
This evidence helps show that the driver and their employer failed to prioritize safety on the road.
The Trucking Company's Safety Record
The trucking company’s own history, including its crash history, inspection results, and overall safety rating, is often scrutinized. A history of safety violations can be used to show a pattern of negligence.
For example, if a company has a record of allowing its drivers to violate hours-of-service rules, it points to a culture that puts profits before safety. This context helps a jury understand that a texting driver may be a symptom of a much larger problem within the company.
Schedule A Free Case Consultation
How a Lawyer Helps With Proving a Truck Driver Was Texting
An attorney moves quickly and strategically to build the strongest case possible on your behalf. They handle the complex legal procedures so you can focus on your recovery.
The Preservation Letter
A preservation letter, also known as a spoliation letter, is a formal legal document sent to the trucking company and other relevant parties. It demands that they preserve all evidence related to the accident, including the truck’s black box data, ELD records, driver logs, dashcam footage, and the driver's personnel files.
This letter is a fence around the evidence. The company can face serious legal penalties if it destroys anything after receiving this notice. It’s one of the first and most direct actions an attorney takes to protect your claim.
Gathering Other Evidence
Your legal team orchestrates the entire evidence-gathering process. They subpoena the truck driver's cell phone records to look for activity during the crash, request police reports, locate and interview witnesses, and file legal motions to access the trucking company's internal records.
This process is thorough and systematic. An attorney knows what evidence is needed, where to find it, and how to obtain it legally.
Managing Communication for You
After a crash, you’re likely to get calls from the trucking company’s insurer. Their goal is to get you to make a statement they can use to minimize their liability. They may try to get you to settle for far less than your claim is worth.
When you have a lawyer, they handle all communication with the trucking company and its insurance adjusters. They protect you from saying something that could harm your case. This allows you to heal in peace without the stress of dealing with aggressive insurance representatives.
Working With Reconstructionists
Proving exactly how an accident happened often requires the input of an accident reconstructionist. These professionals use science and physics to analyze evidence from the crash scene and create a detailed report of what happened.
Lawyers have networks of respected reconstructionists they can hire for your case. This expert analysis is very persuasive in settlement negotiations and in court.
The reconstructionist’s report can provide a clear, step-by-step explanation that shows the truck driver’s distraction was the direct cause of the collision. This objective, scientific evidence is difficult for a trucking company to argue against.
Fighting for Compensation
While many truck accident cases settle out of court, sometimes a trial is necessary for fair compensation. If the trucking company refuses to take responsibility, your lawyer will fight for you in front of a judge and jury.
FAQ for the Truck Driver Was Texting
What Evidence Is Used To Show a Truck Driver Was on Their Phone?
Multiple types of evidence work together to prove that a truck driver was texting. This includes the driver's cell phone records showing texts or calls during the crash, data from the truck's black box and Electronic Logging Device (ELD), and footage from dashcams or traffic cameras.
Witness statements and analysis from accident reconstruction experts also provide powerful support.
How Are Cell Phone Records Obtained After a Truck Accident?
After a truck accident, your attorney issues a subpoena to the driver's cell phone service provider, which legally compels the company to produce the requested records for a specific time frame. In a personal injury lawsuit, it’s a routine part of the evidence-gathering phase, known as discovery.
Are Trucking Companies Responsible if Their Driver Was Texting When They Hit Me?
Yes, trucking companies are often held responsible for their drivers' actions. If a driver causes a crash while working, their employer may be held liable.
Additionally, a company can be found directly negligent if it has poor hiring practices, fails to train drivers on safety rules, or encourages unsafe behavior.
What Happens if the Truck Driver Was Texting When They Hit Me, but There Were No Witnesses?
It's still very possible to prove a truck driver was texting even without witnesses. Strong evidence can come from the truck's own data recorders, like the ELD and black box, which show a lack of braking or evasive maneuvers.
Your lawyer can demand the driver's cell phone records, which can provide a clear timeline of their phone use that matches the time of the crash.
What Is a Spoliation Letter and Why Does It Matter?
A spoliation letter, or preservation letter, is a formal notice sent by a lawyer to the trucking company demanding that they preserve all potential evidence related to the crash. This is one of the most immediate and impactful steps an attorney takes.
It legally prevents the company from destroying, altering, or losing key items like driver logs, electronic data from the truck's black box, and maintenance records.
Your Path Forward
The suspicion that a truck driver's negligence caused your injuries is a heavy burden, but it's also the first step toward getting justice. You don't have to fight a massive trucking company and its insurers on your own.
The dedicated team at the Oakes Firm handles complex truck accident claims across Philadelphia, Miami, and Boston. We know how to dig into the data, find the evidence, and expose the truth when distracted driving causes harm.
Take the next step by calling us at (267) 310-0656 for a free, confidential consultation.