Portland Auto Accident Attorney

Oregon Truck Accidents and Distracted Driving.

Isn't time that commercial drivers, semi truck transport drivers also be banned from using cell phones and mobile devices while driving?

Yet, the law that would ban drivers of eighteen wheeler big rigs, and commercial drivers from using a mobile phone while driving lags on the similar law for all drivers. In September 2011 however, the Federal National Highway Safety Transportation Board did recommend that commercial drivers be banned from cell phone use while driving, except for in emergencies.

This official statement came after a horrific auto accident in which eleven were killed in 2010 by a driver of a large semi truck,

The recommendation comes after the driver of an 18-wheel semi was involved in an accident near Mundfordville, Kentucky, that killed 11 people. The accident allegedly happened while the 45-year-old driver was using a mobile device. The truck crossed a median and struck a passenger van killing 10 occupants and the truck driver. [1]

"Highway Accident Report: Truck-tractor Semitrailer Median Crossover Collision with 15-Passenger Van, Munfordville, KY, March 26, 2010" [2]

This terrible accident was so extreme, The National Transportation Safety Board (NTSB) issued this special report and 15 new safety recommendations to agencies related to commercial drivers, truck drivers, and highway and road designers.

Because truck accidents are so severe, and unlike a car accident, even for a pedestrian, motorcycle rider or bicycle rider, this accident also brought to safety concern that the highway itself was not using modern safety construction median barriers. A large part of this report from the NTSB also makes recommendations on how to work on this highway and road median barrier construction and engineering problem in partnership with individual states.

The cell phone use related to this terrible accident is inexcusable given what we now know about texting or using a cell phone while driving. Not only do commercial drivers use mobile phones while driving, many truck drivers use in cab laptop computers and are essentially texting while driving, using gps for navigation directions for their delivers, monitoring traffic jams, highway closures, weather, email, perhaps even watching movies. While technology offers many benefits to drivers, clearly we have much to learn and work to do in order to make our highways and roads safer for all.

"Probably Cause" of the NTSB truck accident report tragedy states,

The National Transportation Safety Board determines that the probable cause of this accident was the truck driver's failure to maintain control of the truck-tractor combination vehicle because he was distracted by use of his cellular telephone. Contributing to the severity of the accident were a median barrier that was not designed to safely contain or redirect the heavy vehicle and the lack of adequate guidance to the states in the form of high-performance median barrier warrants.

Notably, the NTSB addressed this Federal agencies with specific recommendations about this truck fatal accident and the use of the cell phone by the truck driver.

To the Federal Motor Carrier Safety Administration:

Prohibit the use of both hand-held and hands-free cellular telephones by all commercial driver's license holders while driving in commercial operations, except in emergencies. (H-11-XX) [This recommendation supersedes Safety Recommendation H-06-27.]

To the 50 states and the District of Columbia:

Prohibit the use of both hand-held and hands-free cellular telephones by all commercial driver's license holders while driving in commercial operations, except in emergencies. (H-11-XX) [This recommendation supersedes Safety Recommendation H-06-28.]

To the Federal Motor Carrier Safety Administration:

Seek statutory authority to deny or revoke operating authority for commercial interstate motor carriers found to have applications for operating authority in which the applicant failed to disclose any prior operating relationship with another motor carrier, operating as another motor carrier, or being previously assigned a U.S. Department of Transportation number. (H-09-34)

The NTSB statement also emphasized "Previously Issued Recommendations Reclassified in This Report."

To the Federal Motor Carrier Safety Administration:

Publish regulations prohibiting cellular telephone use by commercial driver's license holders with a passenger-carrying or school bus endorsement, while driving under the authority of that endorsement, except in emergencies. (H-06-27)

To the 50 states and the District of Columbia:

Enact legislation to prohibit cellular telephone use by commercial driver's license holders with a passenger-carrying or school bus endorsement, while driving under the authority of that endorsement, except in emergencies. (H-06-28)

To the American Association of State Highway and Transportation Officials:

Review, with the Federal Highway Administration, the median barrier warrants and revise them as necessary to reflect changes in the factors affecting the probability of cross-median accidents, including changes in the vehicle fleet and the percentage of heavy trucks using the roadways. (H-98-24)

RESOURCES

1. Feds says mobile phone use by commercial drivers should be banned after deadly crash kills eleven

2. "Highway Accident Report: Truck-tractor Semitrailer Median Crossover Collision with 15-Passenger Van, Munfordville, KY, March 26, 2010"