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Texting Driving Lawsuit

The use of cell phones by drivers of commercial motor vehicles (CMVs) has now been banned in almost all cases by a new federal regulation. According to the newly-adopted section of Part 392 of the Federal Motor Carrier Safety Regulations (FMCSRs), truck drivers are no longer allowed to use a hand-held mobile telephone while driving a CMV and trucking companies cannot allow or require their drivers to use a hand-held mobile telephone while driving a CMV.

The only exceptions to this rule are when the driver has moved the CMV to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary or when the driver is communicating with law enforcement officials or other emergency services.

According to the Federal Motor Carrier Safety Administration, using a cell phone while driving may pose a higher safety risk than other activities because it involves four types of driver distraction: visual, manual, cognitive and auditory. The driver’s situational awareness, decision making and performance are affected, and the result may be a crash, near-crash, unintended lane change by the driver or other unsafe driving.

Truck drivers who violate the new cell phone law can be fined and may lose their license for a period of time. Employers who fail to require their drivers to comply with the law may also be fined.

Our law firm has handled cell phone accident cases. Contact us for a free consultation with a Minnesota car accident lawyer at our firm.

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