On this page
- What Is a Dispatching Device?
- Can Dispatch Messages Be Evidence?
- What If the Dispatcher Sent the Message While the Truck Was Moving?
- What If the Driver Was Under Pressure to Respond?
- Could the Trucking Company Be Responsible?
- What Evidence Should Be Preserved?
- What If the Company Deletes the Messages?
- What Injuries Can Result?
- What Damages May Be Involved?
- What Should I Do?
- Jacqueline Scott & Associates Can Investigate Dispatch Distraction
Those communications may be necessary for business operations, but they should not come at the expense of roadway safety.
If an 18-wheeler driver was reading, typing, or responding to dispatch communications when they caused your accident, the messages and the company’s communication practices may become important evidence.
FMCSA specifically warns commercial drivers that interacting with dispatching devices while driving can take their eyes, hands, and attention away from safe operation.
What Is a Dispatching Device?
Commercial fleets may use:
- in-cab terminals;
- tablets;
- smartphones;
- fleet-management devices;
- navigation systems; or
- integrated communication platforms.
The exact technology varies.
Can Dispatch Messages Be Evidence?
Yes.
Potentially relevant information may include:
- message content;
- timestamps;
- delivery instructions;
- route changes;
- deadlines; and
- communications immediately before the crash.
What If the Dispatcher Sent the Message While the Truck Was Moving?
The timing may be relevant, particularly if the driver interacted with the message while driving.
Company policies may also matter.
What If the Driver Was Under Pressure to Respond?
That can raise additional questions.
Investigators may examine whether company practices encouraged drivers to interact with devices while vehicles were moving.
Could the Trucking Company Be Responsible?
Potentially.
FMCSA’s rules prohibit motor carriers from requiring or allowing covered drivers to engage in prohibited texting while driving.
The specific communication and applicable regulation must be analyzed.
What Evidence Should Be Preserved?
Potential evidence includes:
- dispatch messages;
- device logs;
- dashcam footage;
- driver-facing video;
- GPS;
- telematics;
- cellphone records; and
- company policies.
What If the Company Deletes the Messages?
Early preservation efforts can be important.
Other copies may also exist within company systems or devices depending on the platform.
What Injuries Can Result?
A distracted truck driver may fail to stop, drift from a lane, miss a signal, or strike another vehicle at highway speed.
The resulting injuries can be catastrophic.
What Damages May Be Involved?
A serious injury can involve past and future medical care, wage loss, reduced earning capacity, permanent limitations, and other legally recoverable damages.
What Should I Do?
Seek medical treatment.
Preserve evidence.
Document witnesses.
Save your own video.
Keep records of treatment and employment losses.
Jacqueline Scott & Associates Can Investigate Dispatch Distraction
If a dispatch message took an 18-wheeler driver’s attention away from the road, the investigation should examine both the driver and the company’s communication practices.
Jacqueline Scott & Associates can investigate dispatch records, electronic evidence, the motor carrier, and potentially applicable commercial insurance.
Make ’Em Pay.
Call (318) 746-5997.
Every case is different. Results depend on the specific facts and circumstances of each individual matter. Prior results do not guarantee a similar outcome. This article provides general educational information and is not legal advice.
This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.
