Truck Talk: Distracted Driving Awareness Month

Watch this Truck Talk segment on YouTube

April is Distracted Driving Awareness Month, a national campaign organized by the National Highway Traffic Safety Administration to focus attention on a hazard that claims thousands of lives annually. For people sharing Kentucky roads with large trucks, distracted driving awareness is not just a one-month concern. Commercial trucks operated by distracted drivers cause crashes that change lives permanently, and federal rules exist specifically to address this risk.

The National Distracted Driving Picture

In 2023, distracted driving was a factor in crashes that killed 3,275 people and injured an estimated 324,819 more, according to NHTSA. Eight percent of all fatal crashes in 2023 were reported as distraction-affected. Cellphone use was identified in 369 fatal crashes that year, resulting in 397 deaths. These are the cases where a police report specifically recorded phone use as a distraction; the actual number is believed to be higher because distraction is often underreported at crash scenes.

For truck drivers, the FMCSA estimates that driver distraction is a factor in roughly one in ten large truck crashes. A truck driver who texts while driving is 23 times more likely to cause a crash or near-crash, according to FMCSA research.

Three Types of Distraction That Affect Truck Drivers

NHTSA categorizes driver distraction into three types, all of which affect commercial truck drivers:

• Visual distraction: Taking eyes off the road. Reading a delivery manifest, checking a GPS screen mounted too far from the forward field of view, or looking at a phone display.
• Manual distraction: Taking hands off the wheel. Holding a phone, adjusting a CB radio, eating, or reaching for an object in the cab.
• Cognitive distraction: Taking the mind off driving. Fatigue-induced daydreaming, mentally calculating delivery schedules, or having a phone conversation even on a hands-free device.

Federal law addresses visual and manual distraction through the cell phone ban under 49 CFR 392.82 and the texting ban under 49 CFR 392.80. Cognitive distraction is harder to legislate but equally dangerous.

What Distracted Driving Awareness Month Means for Crash Victims

Distracted Driving Awareness Month serves a practical function beyond public education: it is a period when media coverage of distracted driving increases, law enforcement pays closer attention to commercial vehicle phone use, and carriers are often reminded of their safety obligations. Attorney Jon Hollan has pointed out that crashes occurring in April, when enforcement attention is heightened, sometimes have richer documentation because law enforcement is more likely to thoroughly investigate distraction indicators at the scene.

For anyone hurt in a truck crash in Kentucky during this period or any other time, the practical steps are the same. Preserve the truck’s ELD and EDR data. Subpoena the driver’s phone records. Check the carrier’s Safety Measurement System record for prior distraction-related violations. Look for dashcam footage.

Kentucky’s Roads and the Distracted Trucking Risk

Kentucky does not currently have a universal hands-free driving law for all drivers, but commercial truck drivers operating anywhere in the state are fully subject to the federal prohibition under 49 CFR 392.82 regardless of state law. This creates an asymmetry: a passenger car driver in Kentucky can legally hold their phone while driving (though it is not safe), while a commercial truck driver doing the same thing on I-64, I-65, or I-75 is committing a federal violation with fines up to $2,750.

More on the specific federal rules that apply to truck drivers and cell phones appears in the Truck Talk episode on cell phones and truck drivers. The full scope of distracted driving causes and consequences is covered in the Truck Talk distracted driving episode. The truck accident practice area explains how distraction evidence is used in Kentucky crash litigation.

What Crash Investigators Look for When Distraction Is Suspected

At the scene of a truck crash where distraction is suspected, investigators look for specific physical indicators. The absence of skid marks or tire scrub before the point of impact suggests the driver did not brake, which is consistent with not seeing the hazard. Dashcam footage that shows the driver’s eyes directed away from the road in the seconds before impact is direct evidence. Post-crash GPS data showing the truck was traveling at or above the speed limit in a zone where a hazard was visible from distance supports the inference that the driver’s attention was elsewhere.

Kentucky State Police crash reports note whether distraction was identified as a contributing factor. When the investigating officer marks distraction on the crash report, that notation is admissible in civil litigation and can serve as a starting point for deeper discovery into the driver’s phone records and electronic activity. When the report does not identify distraction but other evidence suggests it, the investigation must develop that evidence independently through litigation discovery.

The FMCSA’s distraction data for large truck fatal crashes consistently shows that inattention of unknown detail is the most commonly recorded distraction factor, meaning officers noted the driver was inattentive but did not specify the exact source. That ambiguity in the crash report creates an opening for plaintiffs’ attorneys to develop the specific distraction cause through phone records and witness interviews. The truck accident practice area explains how these investigations are structured in Kentucky courts.

Frequently Asked Questions

More Truck Talk Episodes