What Are the Different Distracted Driving Laws for Truck Drivers?

Distracted driving is an epidemic. According to the National Safety Council, almost 3,300 people in the US died in distraction-related car accidents in 2023 alone (the most recent statistics published). And, unfortunately, North Dakota leads the country in distracted driving, with 1 in 39 drivers involved in deadly accidents reportedly using cell phones at the time of the accident.

Because of the rise in distracted driving, the state enacted stiff penalties for anyone who isn’t focusing on the road, particularly younger drivers. Of course, there’s a world of difference when it comes to distracted driving-related accidents involving passenger vehicles and those involving big trucks.

These massive vehicles can cause devastating damage in just a few seconds of inattention. That’s why truckers are held to stricter distracted driving laws than regular drivers.

If you’ve been hurt in an accident with a big rig, you may be wondering whether the truck driver broke any rules, and how those laws differ from the ones that apply to you.

Let’s break down the key differences between distracted driving laws for truck drivers and passenger vehicle drivers, and explain how those rules could impact your injury claim in North Dakota.

Why are there different rules for truck drivers?

It all comes down to risk and responsibility.

A commercial truck can weigh up to 80,000 pounds. That’s 20 to 30 times heavier than your average car. Because of their size and stopping distance, even a moment of distraction can turn a truck into a deadly weapon.

Truck drivers are also professionals. They’re trained, licensed, and paid to operate these vehicles safely. With that level of responsibility, it makes sense that the law holds them to a higher standard.

Federal laws on distracted driving for truckers

Most of the strictest distracted driving laws for truck drivers come from the Federal Motor Carrier Safety Administration (FMCSA). These laws apply to:

• Interstate commercial drivers (those crossing state lines)
• Drivers with a commercial driver’s license (CDL)
• Drivers of vehicles over 10,000 pounds in commercial use

What’s banned?

Under FMCSA rules, commercial truck drivers are prohibited from:

• Texting while driving
• Using a handheld phone to make calls
• Reaching for, dialing, or holding a mobile device
• Reading messages or emails on a screen
• Typing on any kind of device while operating the truck

The law defines “texting” as manually entering or reading text. That includes emails, messaging apps, and even inputting GPS destinations while the vehicle is moving.

What’s allowed?

Truck drivers can:

• Use hands-free devices, as long as they’re within close reach
• Make voice-activated calls or use earpieces
• Use voice-controlled GPS navigation.
• Communicate with dispatch only through approved systems.

Basically, they can talk, but they can’t touch.

Penalties for truck drivers who break the rules

The FMCSA doesn’t mess around. If a truck driver is caught using a handheld device behind the wheel, the penalties can be severe:

• Fines of up to $2,750 for the driver
• Fines of up to $11,000 for the trucking company (if they encourage or allow the behavior)
• Points added to the driver’s CDL record
• Disqualification from driving commercially for up to 120 days for repeat violations

And if that distraction leads to a crash (especially one involving injuries or death), criminal charges could be on the table, too.

How are North Dakota’s distracted driving laws different?

In North Dakota, all drivers are banned from texting while driving. That means it’s illegal to:

• Write, read, or send any electronic message
• Use messaging apps, email, or web browsers
• Interact with your phone in any manual way

However, for non-commercial drivers, the law still allows talking on a handheld phone while driving (though it’s discouraged and not allowed for drivers under 18). You can also use your phone for GPS, music, or calls, just not for typing or texting.

For CDL holders in North Dakota

If you’re a commercial driver in North Dakota, federal law still applies. That means even if the state allows certain phone uses for passenger vehicles, you must follow FMCSA rules whenever you’re operating a commercial vehicle (no texting and no holding the phone, period).

Common examples of distracted truck driving

If you were in a crash with a truck, there are many forms of distraction that may have played a role. These include:

• Texting or calling while driving
• Adjusting the GPS or ELD (electronic logging device)
• Eating or drinking behind the wheel
• Reading a paper map or delivery instructions
• Looking at dispatch messages
• Scrolling social media or using apps

Even a few seconds of distraction can lead to a rear-end crash, a rollover, or a deadly side-swipe, especially on highways like I-94 or long rural stretches in North Dakota.

How distracted driving impacts truck accident claims

If the truck driver who hit you was distracted at the time of the crash, that could change everything in your personal injury case. Proving they violated FMCSA rules or state law can make them liable for the accident.

That means:

• You’re more likely to win your case
• You may receive higher compensation
• You could recover punitive damages in severe cases

But distracted driving is often hard to prove, unless you act fast.

How do you prove a truck driver was distracted?

At Larson Law, we dig deep to uncover the truth. Here’s how we build a distracted driving case:

1. Cell phone records

We subpoenaed the driver’s phone records to see if they were texting, calling, or using apps at the time of the crash.

2. ELD and dispatch logs

Electronic logging devices record when a driver is on break, entering data, or communicating with dispatch. These time stamps can help us piece together what happened.

3. In-cab and dash camera footage

Some commercial vehicles have inward-facing cameras that show exactly where the driver’s attention was. If a video exists, we fight to obtain it.

4. Witness testimony

Other drivers, passengers, or even your observations can be important. Did you see the driver looking down? Swerving? Holding a phone?

5. Black box data

The truck’s onboard systems record speed, braking, and steering inputs. If the driver didn’t react until the last second, distraction is a strong possibility.

Gathering this information is vital for putting together a case, but getting your hands on evidence can become more challenging over time. In fact, trucking companies are only required to hold onto ELD records for six months.

Understanding accountability and liability

North Dakota uses a modified comparative fault system, which means even if you were partially at fault, you can still recover damages as long as you’re less than 50% responsible.

And the responsible party might not just be the driver. Depending on the circumstances, we may hold:

• The trucking company (not enforcing safety policies or overworking the driver)
• A third-party dispatcher (messages distracting the driver)
• A truck manufacturer (a design flaw in a GPS or ELD that contributed to the crash)

Truckers should be held to a higher standard

You shouldn’t have to pay the price for a truck driver’s split-second decision to answer a text or mess with a GPS. When someone is operating a vehicle that can crush a car, they need to be laser-focused on the road, not their screen.

Injured by a distracted truck driver? Call Larson Law

We’ve helped countless crash victims throughout North Dakota stand up to powerful trucking companies, and we’re ready to help you, too. If you were injured because a truck driver wasn’t paying attention, let us fight for the justice and compensation you deserve. Contact us today for a free consultation.