Distracted Driving Truck Accidents
Every year, thousands of lives are impacted due to accidents caused by distracted driving. When it comes to commercial vehicles like trucks, the results can be particularly devastating, given their size and momentum. At our law firm, we specialize in representing victims of such truck accidents, advocating for their rights, and ensuring they receive the compensation they deserve. With our dedicated and experienced team, we relentlessly strive to hold distracted truck drivers accountable for their actions.
The law firm of Chaikin, Sherman, Cammarata, & Siegel P.C. has a team of dedicated and experienced truck accident lawyers who specialize in representing victims of distracted driving truck accidents involving commercial trucks. Contact our team today for a free consultation.
The Dangers of Distracted Driving
Distracted driving refers to any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, or fiddling with the stereo, entertainment, or navigation system. The danger lies in the momentary diversion of attention, which can have catastrophic consequences, especially when operating a massive vehicle such as a commercial truck.
Causes of Distracted Driving
- Texting or Using a Smartphone: Texting or using a smartphone while driving is one of the most hazardous forms of distracted driving. This is because it involves manual, visual, and cognitive distraction simultaneously.
- Eating or Drinking: Eating or drinking while driving can cause a driver to remove their hands from the wheel or their eyes from the road, leading to an increased possibility of an accident.
- Interacting with Passengers or Pets: Engaging with passengers or pets can significantly divert a driver’s attention from the road, making it difficult to react quickly to changing traffic conditions or unexpected hazards.
- Adjusting Vehicle Controls: Whether changing the radio station, adjusting the temperature controls, or using a navigation system, any activity that takes a driver’s attention away from the driving task can pose serious risks.
Remember, driving requires full attention, and any distraction is a potential danger, especially when it involves a commercial or larger-sized vehicle.
Technology Truck Drivers are Required to Use While Driving
- Electronic Logging Devices (ELDs): These devices automatically record a driver’s driving hours to ensure compliance with Hours of Service regulations.
- GPS Navigation Systems: These systems help drivers find the most efficient routes, anticipate traffic problems, and locate services like fuel stations or rest areas.
- Communication Systems: Drivers use these systems to maintain contact with their dispatchers or fleet managers.
- Advanced Driver-Assistance Systems (ADAS): These systems include features like collision avoidance, lane departure warnings, and automatic braking to enhance safety.
- Onboard Diagnostics Systems: These systems monitor the vehicle’s performance and alert the driver to potential mechanical problems.
- Rearview Cameras: These cameras help drivers view the areas behind their trucks that are otherwise difficult to see, reducing the risk of accidents.
This list is not exhaustive, and the specific technology a driver uses can depend on the trucking company’s policies, the type of vehicle, and the nature of the haul. Even though truck drivers have many tasks, the most important one is to drive safely and responsibly. When they fail to do so, the consequences can be devastating.
Who Is Liable For Your Injuries When An Accident Was Caused By A Distracted Truck Driver?
Determining liability can be a complex process in accidents caused by distracted drivers. It’s not always immediately clear who is responsible for the damages and injuries. Here’s an overview of possible liable parties:
- The Truck Driver: If the truck driver was acting negligently or violating traffic laws at the time of the accident, they can be held responsible. Truck driver distraction is considered negligence, and truck drivers have a duty to operate their vehicles safely.
- The Trucking Company: If the company fails to properly train the driver, enforce safety regulations, or knowingly allow unsafe practices, they can be deemed liable.
- The Truck Manufacturer: If a malfunction or design flaw of the truck contributed to the accident, the manufacturer could be held liable.
- Loading Company: If the accident was caused by improperly loaded or secured cargo, the company responsible for loading the truck may be held liable.
Remember, every accident is unique, and liability can be shared amongst multiple parties. It’s crucial to work with a seasoned attorney who can navigate these complexities and advocate for your rights.
What if a Truck Driver is Caught Driving Distracted?
In addition to facing potential liability for any accidents they cause, truck drivers can also face legal consequences for driving distracted. The Federal Motor Carrier Safety Administration (FMCSA) has strict regulations regarding the use of electronic devices while operating a commercial vehicle. If a driver is caught violating these regulations, they could face fines and penalties and even lose their commercial driver’s license (CDL). It’s important for drivers to prioritize safety and follow these regulations to avoid risking their own lives and the lives of others on the road.
Evidence in Distracted Driving Truck Accident Cases
In building a strong case for distracted driving truck accidents, several pieces of evidence can be utilized. These include:
Police Reports: These reports provide an unbiased account of the accident, including details about the scene, damage, injuries, and any citations issued.
Driver’s Logs: These could reveal if the driver was fatigued or had been on the road for too long without taking required breaks.
Mobile Phone Records: These can indicate if the distracted driver was texting or making a call at the time of the accident.
Vehicle Black Box Data: Many trucks have a black box that records speed, brake usage, and other data that can be useful in proving distraction.
Witness Testimonies: Eyewitnesses can provide crucial details about the driver’s behavior before and during the accident.
Photographs or Video Footage: Pictures or videos from the scene can show the extent of the damage and the surroundings. Surveillance or dashcam footage can provide a real-time account of the accident.
Medical Records: These can substantiate the extent of injuries, tying them directly to the accident.
Truck Maintenance Records: These could show if the accident resulted from a mechanical failure that the driver or trucking company should have addressed.
Bear in mind that collecting and preserving such evidence is time-sensitive, so it’s important to consult with an experienced truck accident attorney at Chaikin, Sherman, Cammarata, & Siegel P.C. as soon as possible after the accident.
Why Should You Hire a Truck Accident Lawyer In This Situation?
In the aftermath of a truck accident caused by distracted driving, hiring a truck accident lawyer at Chaikin, Sherman, Cammarata, & Siegel P.C. can be highly beneficial for several reasons:
Experience and Expertise
Our lawyers have the necessary experience and expertise in dealing with complex truck accident cases. We understand the intricacies of federal and state transportation laws, as well as the tactics that insurance companies often use to reduce or deny claims.
Determining Liability
Our team can help determine the liable parties, whether they are the truck driver, trucking company, truck manufacturer, or cargo loader. Establishing who is at fault is crucial for a successful claim.
Evidence Collection
Our lawyers have access to experts and investigators who can gather and preserve crucial evidence that can lend weight to your claims, such as driver logs, vehicle black box data, and mobile phone records.
Claim Valuation
Our attorneys can accurately value your claim by considering all your losses, including medical expenses, lost wages, pain and suffering, and any future costs related to the accident.
Negotiation and Litigation
Our legal team is skilled at negotiating with insurance companies to ensure you get a fair settlement. If necessary, we are also prepared to take your case to court to secure the compensation you deserve.
Peace of Mind
By hiring our lawyers, you can focus on your recovery while we handle the legal complexities, offering you much-needed peace of mind in a difficult time.
Remember, our top priority is to protect your rights and ensure you receive the maximum compensation available to you under the law.
Contact Our Experienced Legal Team Today
As you can see, navigating the aftermath of a truck accident caused by distracted driving can be overwhelming and complicated. Let our experienced legal team at Chaikin, Sherman, Cammarata, & Siegel P.C. help you through this difficult time. Contact us today for a free consultation to discuss your case and learn more about how we can assist you in obtaining justice and compensation. Don’t wait – let us fight for your rights and hold those responsible accountable for their actions. Stay safe on the road, and know that we’re here to support you every step of the way.