Punitive Damages for Cell Phone Use By Truck Driver
Car AccidentsIn the case of Victor Creech v. Joseph Santomassino, Case Number 4D2024-0279 (Fla. 4th DCA October 23, 2024), Florida’s Fourth DCA held that a brief glance by a truck driver at his cell phone is not an active engagement or handling of a cell phone and does not rise to the level of gross negligence or intentional misconduct needed to assert a claim for punitive damages.
Facts
This case arises from a an accident between a semi-truck and a golf cart. During the truck driver’s deposition in the underlying case, the truck driver admitted that he was at the intersection where the accident occurred when he heard an audible text message from his wife. The case does not indicate any other action by the truck driver except glancing down to look at the incoming text message. The plaintiffs in the case sought leave of court to add a claim for punitive damages as a result of a “conscious disregard and indifference to life…” The trial court granted the plaintiffs’ motion and this appeal ensued.
Legal Analysis
In Mercer v. Saddle Creek Transp. 389 So. 3d 774, 776 (Fla. 6th DCA 2024), dashcam footage was alleged to show the truck driver using his cell phone in foggy and smoky condition a few seconds before a crash. The Sixth DCA held that although the driver appeared to violate federal regulations prohibiting the use of a cell phone while operating a truck that “mere use of a cell phone while driving a truck” does not automatically provide a reasonable basis for the plaintiff to seek punitive damages. Instead, the Sixth DCA held that there must be some “additional act that shows the cell phone usage was reckless or a conscious disregard of or indifference to others to show gross negligence under section 768.72(2)(b),” Fla. Stat. The Sixth DCA concluded that “all cell phone use is not equal.”
Thus, in the Creech case, the Fourth DCA reversed the trial judge’s finding of a proffer to allow the punitive damages claim because there was not enough evidence suggesting that there was an “additional act” using the cell phone that was reckless.
Current Rules for Truck Drivers
It is important to note that CURRENT rules for commercial vehicle drivers prohibits “reaching for” or “holding a mobile phone to conduct a voice communication.” Current rules also restrict a commercial motor vehicle driver to only operating a hands-free phone located in close proximity. According to the Federal Department of Transportation, truck drivers are prohibited by rule from unsafely reaching for a device, holding a mobile phone, or pressing multiple buttons. Drivers are advised to place their phones in easy to reach locations, use an earpiece or speaker phone, or use voice-activated or one-touch features to use phones. DOT also indicates that the odds of being involved in a safety-critical event is 23.2 times greater for commercial motor vehicle drivers who text while driving than for those who do not. Texting drivers take their eyes off the road for an average of 4.6 seconds. At 55 mph, that is over 300 feet without looking at the roadway as stated on their distracted driving page linked above.
Call for a Consultation on Your Case
If you or someone you know has sustained a serious injury in a crash with a semi-truck or commercial vehicle, you should consider talking to a Lakeland car accident lawyer for opinions about the case. At Russo Law, we can help make the right moves at the right time. Call us today for your free consultation.
