Distracted Driving
— how it affects your claim.

The governing regulations are 49 CFR 392.82 (hand-held mobile devices); 49 CFR 392.80 (texting). FMCSA prohibits commercial drivers from using hand-held mobile phones or texting while driving. Violations carry civil penalties up to $2,750 per infraction and can result in driver disqualification.

These rules exist because federal regulators and crash-data researchers have repeatedly linked this category of violation to serious and fatal commercial-vehicle crashes. Compliance is not optional — it is a baseline duty owed to every other road user.

Trucking evidence has a short shelf life. ELD data can be overwritten within days, dashcam footage cycles, and physical evidence at the scene is cleared quickly. Send a written preservation-of-evidence letter to the carrier the moment you can.

• 01Driver cell phone records (subpoena required)
• 02in-cab dashcam footage
• 03witness statements
• 04crash scene evidence of no braking before impact

The moment your attorney is engaged, they will send spoliation letters to the trucking company, its insurer, and any relevant third parties demanding preservation of all evidence related to the accident. This is critical because trucking evidence has a short shelf life:

• 01ELD data can be overwritten within 7 to 30 days depending on the device
• 02Dashcam footage is typically retained for only 30 to 72 hours before being overwritten
• 03Driver cell phone records are held by carriers for varying periods
• 04Truck maintenance records may be deliberately disposed of if not immediately preserved

Courts take spoliation seriously — if a trucking company destroys evidence after receiving a preservation demand, this can result in an adverse inference instruction to the jury, telling them to assume the destroyed evidence was unfavourable to the defendant.