Cel phones in commercial vehicles

[S Prax]

Jurisdiction

Illinois

My son was recently involved in an accident with his tractor trailer on I90 in Il. He had his cell phone on to the GPS function to get directions to the place his company was sending him for supplies. The weather was bad, he was at the reduced speed of approximatley 50mph, he was following other vehicles in their tracks, he looked down to verify his directions, got out of the tracks and his rig jack knifed and slid into the ditch, he dd not have a loaded reailer. The highway patrol came after his company had made arrangements to have his rig towed. The highway patrol would not let him use his own tow that his company had arranged, and they gave him a ticket for driving too fast for the conditions. He has since been terminated by employer for the accident and in their words "being on his cell phone" the device was not in his hands, it was in a cell phone holder. they do have cameras in his truck that kicked in when he started to jack knife. He was not talking to anyone or texting, he was using the phone specifically for a gps function. There were no other vehicles involved in this incident. Is this worth fighting over with the employer, or trying to get an attorney to get the charges dropped due to the weather.

 

[adjusterjack]

Is this worth fighting over with the employer,

I doubt it. Unless he's in a union or has a contract that specifies termination procedure that the company didn't follow, he's employed at will and subject to termination for any reason except those that violate anti discrimination laws.

Doesn't really matter what the employer "said" was the reason. He was fired because he caused an accident.

or trying to get an attorney to get the charges dropped due to the weather.

The weather is not a defense to a citation for using a cell phone.

The violation is addressed by 625 ILCS 5/12-610.2. Scroll down about 3/4 of the way at:

625 ILCS 5/ Illinois Vehicle Code.

At first glance I don't see that your son qualifies for any of the exceptions to the statute but beating the citation could certainly be worth hiring an attorney, especially if your son's CDL is at risk.

 

[Betty3]

The employer did not do anything illegal. In at will employment you can be terminated at any time for any reason except a reason prohibited by law such as religion, race, gender or unless there is a binding employment contract to the contrary. Even if he would try & beats the citation, the employer doesn't have to hire him back minus a contract to the contrary. He can file for unemployment ins. The state will decide if he qualifies.

 

[Disabled Vet]

Being a OTR driver they are suppose to be the experts. The company is well within their rights to fire him. Just be glad he didn't mow down a family in a van.