Distraction is one of the most common factors in serious truck crashes, and it is often the hardest to prove without moving quickly. Drivers rarely admit to looking at a phone. The proof usually comes from records and data held by the driver, the carrier, and phone and technology companies.
Can I prove a truck driver was on the phone when he hit me?
Often, yes, with the right evidence. Federal rules prohibit commercial drivers from texting or using a hand-held phone while driving (49 CFR 392.80 and 392.82), and Indiana bans holding or using a phone while driving except hands-free. Phone records, driver-facing video, dispatch messages, and truck data can show what the driver was doing.
What rules apply to distracted truck drivers?
- No texting while driving. Federal rules prohibit commercial motor vehicle drivers from texting while driving, and prohibit motor carriers from allowing or requiring it (49 CFR 392.80). “Driving” includes being temporarily stopped in traffic or at a light.
- No hand-held phone use while driving. Federal rules prohibit commercial drivers from using a hand-held mobile phone while driving, and carriers may not allow or require it (49 CFR 392.82). There is an exception for contacting law enforcement or emergency services.
- Indiana’s hands-free law. Indiana generally prohibits any driver from holding or using a telecommunications device while operating a moving motor vehicle, except with hands-free or voice-operated technology or to call 911 in an emergency (IC 9-21-8-59).
- Ill or fatigued drivers. Federal rules also prohibit driving while the driver’s ability or alertness is impaired by fatigue or illness (49 CFR 392.3). See hours-of-service rules.
A rule violation does not automatically prove a crash was caused by distraction, but it is strong evidence of careless conduct and can support claims against the carrier as well as the driver.
What kinds of distraction happen in a truck cab?
- Texting, calls, video, and social media on a personal phone.
- Dispatch tablets and in-cab messaging systems.
- Navigation devices and load-board apps.
- Eating, reaching for objects, and adjusting controls.
- Fatigue-related lapses, which can look similar on video and in data.
How is truck driver distraction proven?
- Phone records. Call, text, and data-usage logs can be compared to the exact time of the crash. Because they involve privacy, they are usually obtained through a lawsuit, and a court may require a showing of why they are relevant.
- Driver-facing and forward-facing cameras. Many fleets use camera systems that record events such as hard braking. Clips may be kept only for limited periods.
- Dispatch and messaging records. Messages between the carrier and the driver, and when they were sent or read.
- Engine and telematics data. Speed, braking, and lane-departure alerts can show a late reaction consistent with inattention.
- Witness statements from drivers who saw the trucker looking down.
- The police crash report and any citation.
- The carrier’s own policies and training on device use, and whether they were enforced.
The key is speed. A preservation letter should ask the carrier to keep the driver’s phone and in-cab devices, camera video, and messaging data. See truck black box and ELD evidence.
Why does distraction matter to the claim?
Proof of distraction can help establish fault and can counter a trucking company’s attempt to blame the injured driver. It can also show that the carrier allowed or required unsafe practices—for example, expecting drivers to answer dispatch messages while moving. Indiana permits punitive damages only on clear and convincing evidence and caps them at the greater of three times compensatory damages or $50,000 (IC 34-51-3-2 and 34-51-3-4); whether punitive damages are available depends heavily on the facts.
Who may be responsible when a truck driver is distracted?
- The truck driver, for distracted driving.
- The motor carrier, which is generally responsible for an employee driver on the job and may be responsible for its own policies, such as requiring drivers to respond to messages while driving.
- Other parties, depending on what else contributed. See who can be liable in an Indiana truck crash.
What can you do now?
- Write down anything you saw, such as the driver looking down or holding a phone, while it is fresh.
- Get the names of witnesses who saw the driver before the crash.
- Save your own dash-cam footage and photos.
- Talk with a lawyer quickly about preserving the truck’s data and the driver’s phone records.
Think a distracted truck driver caused your crash? Call 1-800-265-9881 or send the free case review form.
Frequently asked questions
Can truck drivers use a phone at all while driving?
Federal rules prohibit commercial drivers from texting and from using a hand-held mobile phone while driving, with an exception for contacting emergency services (49 CFR 392.80 and 392.82). Hands-free use is treated differently.
How do I get the truck driver’s phone records?
Usually through the lawsuit process, with a request or subpoena tied to the time of the crash. Courts may require a showing that the records are relevant. Asking the carrier to preserve devices and data early helps.
Is the trucking company responsible if its driver was texting?
Often. Carriers are generally responsible for an employee driver’s conduct on the job, and federal rules also prohibit carriers from allowing or requiring texting or hand-held phone use while driving.
Does Indiana have a hands-free law?
Yes. IC 9-21-8-59 generally prohibits holding or using a telecommunications device while operating a moving vehicle, except with hands-free or voice-operated technology or to call 911 in an emergency.
Sources
- National Highway Traffic Safety Administration (NHTSA), Traffic Safety Facts: Large Trucks, 2024 Data, DOT HS 813 816 (PDF)
- IC 9-21-8-59 — official heading: “Use of telecommunications device while operating a moving motor vehicle.” Restricts use of a telecommunications device while operating a moving motor vehicle.
- IC 34-51-3-2 — official heading: “Necessity of evidence of facts.” Sets the evidence standard that must be met before punitive damages may be awarded.
- 49 CFR 392.80 — official heading: “Prohibition against texting.” Bans texting while driving a commercial motor vehicle.
- 49 CFR 392.82 — official heading: “Using a hand-held mobile telephone.” Restricts hand-held mobile phone use while driving a commercial motor vehicle.
- 49 CFR 392.3 — official heading: “Ill or fatigued operator.” A driver may not drive while too ill or fatigued to operate safely, and a carrier may not require it.
Indiana Code links open the official chapter PDF from the Indiana General Assembly (2026 Code); federal rules link to the current eCFR text.
More official links: Indiana accident resources · Indiana crash statistics · How to get your crash report
General information only—not legal advice. Laws change and every case is different; deadlines can be shorter in some situations. Prior results do not guarantee a similar outcome.