Can a truck driver use a phone while driving, and how does that affect my claim?

Last updated October 7, 2026.

Only hands-free, and never to text. Federal rules bar a truck driver from texting or using a hand-held phone while driving a commercial motor vehicle, including while stopped at a light or in traffic, and bar the trucking company from allowing or requiring it. If a driver broke these rules and that helped cause your crash, it is strong evidence of fault against the driver and, in some cases, the company.

Nevada's own hand-held phone law applies to every driver, but the federal truck rules are stricter in a few ways that matter to a Las Vegas truck accident claim. The hard part is proof, and phone evidence is easy to lose if no one asks for it early.

How is phone use proven after a truck crash in Las Vegas?

A driver who was on the phone rarely says so. The proof usually comes from records, and most of them belong to someone other than you.

Write down what you saw. A phone in the driver's hand, a head bent down, a light that stayed green with no movement: note it the same day, along with names and numbers of any witnesses.
Get the crash report. Officers sometimes note what drivers said and whether a phone was in view. Our guide to getting a Las Vegas crash report covers how to request it.
Send a preservation letter to the carrier. Ask it to keep the driver's company phone records, messages on any dispatch or fleet device, camera footage, and the logs for the trip. If electronically stored information that should have been kept for a lawsuit is lost, a Nevada court can respond (NRCP 37(e)). Our page on what records a trucking company must keep after a crash lists the rest.
Identify the phone accounts. The driver may have a personal phone, a company phone, or both. Each carrier keeps its own billing and usage records.
Use the court process for records you do not control. Once a case is filed in Clark County district court, you can serve written requests on the trucking company, which must answer within 30 days (NRCP 34), and a subpoena on a phone company or other non-party to produce records in its possession (NRCP 45).
Line up the times. Match each call, text or data session against the time of the crash from the report, 911 records and witness accounts. Seconds matter, so exact timestamps matter.
File within the deadline. An injury lawsuit in Nevada generally must be filed within 2 years of the crash (NRS 11.190).

How do the federal truck rules compare with Nevada's phone law?

Question	Truck drivers (federal)	All drivers (Nevada)
Texting while driving	Banned (49 CFR 392.80)	Banned on a handheld device (NRS 484B.165)
Holding a phone for a call	Banned (49 CFR 392.82)	Banned unless used hands-free (NRS 484B.165)
Dialing or answering	Only by pressing a single button (49 CFR 390.5T)	Hands-free accessory allowed to activate or start a feature (NRS 484B.165)
Reaching for the phone	Banned if the driver has to leave the normal seated, belted driving position (49 CFR 390.5T)	Not addressed in the statute
Stopped at a light or in traffic	Still counts as driving (49 CFR 392.80, 392.82)	Applies while operating a motor vehicle on a highway (NRS 484B.165)
Navigation	Entering or reading GPS information is not "texting" (49 CFR 390.5T)	Voice-operated navigation affixed to the vehicle allowed (NRS 484B.165)
Emergencies	Allowed to contact police or emergency services (49 CFR 392.80, 392.82)	Allowed to report an emergency, hazard or crime, and in listed cases (NRS 484B.165)
The employer	May not allow or require it (49 CFR 392.80, 392.82)	Not addressed in the statute
Penalty	Repeat convictions can disqualify a commercial license for 60 or 120 days (49 CFR 383.51)	Civil penalty of $50, $100, then $250 within 7 years (NRS 484B.165)

What exactly counts as texting or using a phone?

The federal definitions are broad. "Texting" means manually typing text into, or reading text from, an electronic device. It covers text messages, email, instant messages, opening a web page, and pressing more than one button to start or end a call (49 CFR 390.5T). It does not cover entering or reading information on a navigation system, or pressing a single button to start or end a call.

"Using a hand-held mobile telephone" means holding a phone with at least one hand for a call, dialing or answering by pressing more than one button, or reaching for a phone in a way that takes the driver out of a seated driving position, belted in (49 CFR 390.5T). Two-way and CB radios are not "mobile telephones" under the definition.

Trucks often carry fleet management or dispatch devices. Using one of these multi-function devices is not texting in itself, but the exclusion only covers uses not otherwise prohibited (49 CFR 390.5T), so typing or reading messages on one while driving can still be texting.

"Driving" also has a specific meaning. For the texting rule, it means operating the truck with the motor running, including while temporarily stopped for traffic, a signal or another short delay; it does not include a truck pulled to the side of or off the highway and stopped where it can safely stay (49 CFR 392.80). The hand-held phone rule uses nearly the same definition (49 CFR 392.82).

What changes the answer

Whether the federal rules apply. The texting and phone rules apply to drivers of commercial motor vehicles, generally trucks rated or weighing 10,001 pounds or more in interstate commerce (49 CFR 390.3T, 390.5T). Nevada has adopted the federal safety rules by regulation for many carriers that stay in the state (NAC 706.297). For lighter vehicles, see whether federal trucking law applies to a box truck or delivery van. Nevada's law applies to everyone either way.

Whether the phone use helped cause the crash. A violation shows the driver broke a safety rule, but you still need to connect it to the crash. Phone use at the moment of a rear-end collision or a missed red light is a strong link; a call made after the crash is not.

The company's role. A carrier may not allow or require its drivers to text or use a hand-held phone while driving (49 CFR 392.80, 392.82). Dispatch messages sent to a driver who was moving, or a policy expecting drivers to answer immediately, can point to the company's own fault. Separately, an employer is generally liable for its employee's on-the-job conduct (NRS 41.130), which is part of who can be held responsible for a truck accident in Nevada.

Your own phone use. Nevada's hand-held law applies to you too (NRS 484B.165). If the trucking company shows you were distracted, a jury may assign you a share of fault. You can still recover if your share was not greater than the combined share of those you sue, reduced by your percentage (NRS 41.141).

Other distractions or fatigue. Phone use and fatigue can look the same from outside the truck, and they can happen together. Our page on truck driver hours-of-service limits and fatigue shows how the logs fit with phone records.

The driver's history. A second conviction within 3 years for texting or hand-held phone use while driving a commercial vehicle, in any combination with certain other serious traffic violations, disqualifies the driver from commercial driving for 60 days; a third, for 120 days (49 CFR 383.51). A carrier must keep each driver's driving records and yearly reviews in a qualification file (49 CFR 391.51), so a pattern the company knew about can matter.

For example: a phone at the light

Imagine a hypothetical driver named Keiko stopped at a red light on Tropicana Avenue. The light turns green, and as she starts to move, a tractor-trailer behind her, which had been stopped too, rolls forward into her car. The truck driver tells the officer he was "checking the map."

Entering or reading navigation information is not texting under the federal definition (49 CFR 390.5T), so the explanation matters. Keiko's attorney sends a preservation letter to the carrier that week. After the lawsuit is filed, the carrier produces its dispatch device log under NRCP 34, and the driver's phone company produces call and message records under a subpoena (NRCP 45).

In this hypothetical, the records show the driver sent a text message and received two more in the minute before the crash, and the company's dispatcher had asked him to "confirm ASAP" while the truck was on the road. That evidence supports three points: the driver was texting while "driving," which includes being stopped at a light (49 CFR 392.80); the excuse does not fit the records; and the company's message is a question about whether it allowed or required texting. It does not decide the case, but it changes the argument from "he was checking the map" to a documented timeline.

Common mistakes when phone use is suspected

Not writing down what you saw right away. A detail like "his head was down" is easy to forget and hard to recreate later.
Asking only for the driver's personal phone. Company phones and dispatch devices may hold the messages that matter.
Waiting to send a preservation request. Messages and camera footage may be overwritten in the normal course of business.
Assuming a phone ticket is required. A violation of the federal rules can be proven in a civil case even if no officer wrote a phone citation.
Posting about the crash, or using your own phone while driving afterward. The other side will look at your phone use too, including at the time of the crash.
Treating "hands-free" as automatically safe. Hands-free calls are allowed, but a driver still has to drive with care, and other evidence may show inattention.

What to do this week

Write a short account of the crash, including anything you saw the truck driver doing with a phone or device.
Collect witness names and phone numbers, and save any photos or video, including your own dash camera footage.
Request the crash report and read what the driver told the officer.
Send the trucking company a written request to keep phone records, dispatch messages, camera footage and trip logs.
Ask whether the driver was drug and alcohol tested after the crash; see when a truck driver must be tested after a crash.
Read our post on recovering compensation from a distracted driver for the general steps in a distraction claim.

Frequently asked questions

Can a truck driver talk on a hands-free phone?

Yes, as long as dialing or answering takes no more than a single button press and the driver does not have to leave the normal seated, belted position to reach the phone (49 CFR 390.5T, 392.82). Nevada also allows hands-free calls (NRS 484B.165).

Is a truck driver allowed to text at a red light?

No. For the federal rules, "driving" includes being temporarily stopped because of traffic, a traffic signal or another momentary delay (49 CFR 392.80). Only a truck pulled off to the side of or off the highway and safely stopped is excluded.

Can the trucking company be responsible for the driver's texting?

It can. The rules bar carriers from allowing or requiring texting or hand-held phone use while driving (49 CFR 392.80, 392.82), and Nevada law makes an employer liable for an employee's conduct on the job in most cases (NRS 41.130). Which theory fits depends on the facts.

How do I get the truck driver's phone records?

Usually through a lawsuit. The trucking company must answer document requests (NRCP 34), and a phone company can be ordered by subpoena to produce records it holds (NRCP 45). Courts can limit requests, so they should be specific to the time around the crash.

What if the driver was using the phone for an emergency?

Both federal rules allow a driver to text or use a hand-held phone when needed to contact law enforcement or other emergency services (49 CFR 392.80, 392.82). The records will usually show who the driver was contacting.

Does it matter that I was also on the phone?

It can. Nevada compares fault, and your recovery is reduced by your share as long as it is not greater than the defendants' combined share (NRS 41.141). Our page on right-of-way rules in intersection crashes shows how fault is often divided when both drivers made choices.

If a truck driver who may have been on a phone hit you in Las Vegas, attorney Maysoun Fletcher can talk with you about the evidence to protect now. Call 702-333-6339 for a free consultation.