Can a trucking company be liable for an employee’s distracted driving?

Outdated equipment.

The GPS and radio equipment in the truck’s cab could be inherently distracting. For example, CB radios require the use of one hand when speaking, potentially violating Rhode Island’s hands-free law. If the communications equipment is outdated or hasn’t been properly maintained, the trucking company may share liability for the crash.

Workflow problems.

A driver may have no choice but to consult the GPS, radio for help, or use electronics while driving if the employer has not created a protocol to address common problems on the road.

Company policies.

Employers may be encouraging distracting behaviors or failing to provide reasonably safe alternatives. For example, company records may show that company policy prohibits cell phone use while driving, but witnesses may attest that truckers are not allowed to pull over before answering a call.